The legal team of former independent presidential candidate, Amama Mbabazi has asked the Supreme Court to order for a vote recount at the district level or nullify the presidential elections, saying Electoral Commission didn’t comply with the law.
Mbabazi;s lawyer started his submission claiming that the National tally center at Namboole had no tally sheets or DR forms and that there is no proof of scanned DR forms that EC chairman Badru Kiggundu claims were the source of results announced.
He also added that Affidavits claim the results were announced yet the report says the server was down and EC couldn’t download the Forms, Namugerwa Pontius’ affidavit shows that they could see whatever was going on at the Tally centre but there were no break downs .
“There was a lot of concealment and mystery in the results of the election process. Violating the principles underlying Sec 56. The best way to share the DR forms would have been through social media; WhatsApp and Facebook but these were blocked hence supporting the concealment of the truth,” Mbabazi argues.
Witness, Kasigwa took photos of an open seal, shared it on social media but was summoned and arrested. The electoral process wasn’t transparent, there was no fairness, the 2nd respondent enacted his own law, own results to declare Museveni. Mr Kiggundu was clear that the DR forms he showed us are not the ones he used to get results but scanned copies which were illegal.
Why did E.C use electronic scanned DR forms instead of hard copies as stipulated in d Law? The fundamental departure from the principles renders the outcome inadequate. In one of the affidavits, photographic evidence shows that some boxes were not sealed.
You cannot tally when you don’t have results and you cannot announce the winner without DR forms, we blame the 2nd respondent (EC). We need to do a fresh tally with all DR forms present.
Signatures on tally sheets validate them but if some don’t have signatures of all agents, how can we validate them? What evidence does EC have to show that candidate’s agents were present at tallying at district level if they didn’t sign anywhere?
Whereas Kiggundu said the BVV takes 30secs to verify a voter’s identity, Duncan a trained worker said it takes 2mins. Thus the machine slowed down the voting process. At the time of announcement of results, only 48% of votes cast had been counted.
Mickdad Yusuf reports that voting begun at 2:30 pm, the presiding officer disappeared and returned with preticked ballots in favour of NRM. Kiggundu apologized for the late delivery of materials, DR forms indicate that voting started at 8:30am, who is lying?
By the time the ‘late voting’ started, how many voters had left because they couldn’t wait anymore?
With those submissions my lord, I prayer that we do a fresh tally of all results- he concluded.