Opposition leader Kizza Besigye’s lawyers yesterday pleaded with the Supreme Court to convict President Yoweri Museveni over electoral offences he allegedly committed during the presidential election campaigns.

The conviction would be enough ground to nullify last month’s election.
Lawyer John Matovu who was addressing the fourth issue in the petition in which Dr Besigye’s is challenging Mr Museveni’s re-election, said the FDC leader contends that the alleged malpractices were committed by President Museveni personally, or “with his personal knowledge and consent”.

Matovu said that during the campaigns the President made statements that were “false, abusive, derogatory, insulting, derisive, exaggerations, and malicious”, contrary to the Presidential Elections Act.

“Proof of any one of those numerous grounds is enough to nullify the election, (and) I am inviting Your Lordships to convict the second respondent (Museveni) on all these offences,” he said as the hearing of the petition entered the second day.

According to the Presidential Elections Act, one of the grounds on which an election can be annulled is if it is proved to the satisfaction of the Supreme Court that “an offence under this Act was committed in connection with the election by the candidate personally or with his or her knowledge and consent or approval”.

Matovu cited several examples of Museveni’s statements, including the President’s claim that Besigye had deserted the army and instead gone out of the country “gallivanting around the Great Lakes Region trying to raise a rebel group; that the FDC was “scattered millet from the heap”; that it was the FDC-controlled Parliament that frustrated efforts to construct dams at Bujagali and Karuma; and that opposition politicians were liars and they were mentally sick.

PETITIONER: Dr Besigye following proceedings in the Supreme Court at Mengo yesterday. Photo by John Nsimbe

Matovu said each of Museveni’s statements was false, prompting Museveni’s lawyer, Dr Joseph Byamugisha, to interject that there was no plea for false statements in the statement of offence.

Matovu suddenly applied to amend the pleadings to include the offence of false statements, saying the evidence was already on record in the affidavits.

Byamugisha objected to the application, arguing that exclusion of the offence of false statements in the pleadings was part of Museveni’s defence.

“It was a significant defence. An amendment is prejudicial,” he said. “If that amendment is made, it would take the defence out of our pockets.”

That gave something to the judges to think about, and after lunch, Chief Justice Odoki gave the court’s ruling, granting the amendment, but warning Matovu that it was the last application they would allow him to make. Odoki added that Museveni would be allowed time to counter the charge of making false statements.

Matovu asked the Justices to hold specific statements by Museveni against Besigye as false and electoral offences. The statements specifically complained of included the one about the dam projects, and others about Besigye’s alleged links to rebel Joseph Kony’s LRA, the Barlonyo massacre. Also mentioned were Museveni’s claims in a New Vision article on February 10 that Besigye was a traitor, an opportunist and a rebel.

Byamugisha, who had complained of prejudice, forfeited his client’s right to prove that the statements were true about Besigye.
“Since the petitioner does not say in his affidavit that they are false statements, I have nothing to add,” he submitted.

Reading from Museveni’s sworn affidavit, Matovu said that the President wrote that he had to counter the falsehoods made by FDC, such as branding UPE bonna bakone (let them all get stunted), or that URA was full of his relatives, or that he had sold Lake Victoria.

“My Lords,” Matovu argued, “on the face of it, that is an admission made by (Museveni).” He added that Museveni was not refuting the statements, but rather, “he went ahead and explained the circumstances under which he made them”.

On the issue of the dams, Matovu argued that FDC had not been formed at the time.
On Museveni’s statements linking Besigye to Kony, he said they were alleging that the FDC leader had committed an act of treason. “All these are false and malicious statements,” Matovu said. The lawyer also touched on the affidavits sworn by two former LRA rebels, Brigadiers Sam Kolo and Kenneth Banya, saying they were hearsay and useless.

He said, “The problem in these two affidavits is that it is all hearsay and have no evidential value. He (Kolo) is saying how he met James Opoka who (Museveni) says was seconded by (Besigye). Its only value is only for prosecution purposes if it is true that Opoka was killed, it does not assist the second Respondent’s evidence. The eveidence of Banya is even worse.”

Justice Kanyeihamba interjected: “How are the two affidavits connected? ...Are they connected with the malicious statement of the second Respondent (Museveni)?”
Matovu responded: “The affidavits are of no use.”

The courtroom was thrown into laughter when Justice Kanyeihamba commented that he did not know of any politician who had succeeded without being opportunistic.
This followed Matovu’s submission that Museveni’s statement that Besigye was an opportunist was itself false and defamatory.

Kanyeihamba jokingly suggested that the law against opportunism should be amended. After more than three hours of arguing, Matovu made his final submission, stating that under Sec 24 (5) of the Presidential Elections Act, all the petitioner must prove is that the respondent has made false, malicious, or abusive statements contrary to the law.

“The only thing he (the respondent) can do there is to deny (having made the statements) because conceding or trying to explain why a statement was made, or giving his motive or context, is only to confirm that the offence was committed,” Matovu said.

Turning to the bribery claims, Matovu said that the evidence on record showed that Museveni personally bribed voters and that his brother, Gen. Salim Saleh a.k.a Caleb Akwandanaho, NRM functionaries and other party agents, also engaged in bribery.

Reading from an affidavit sworn in by the FDC electoral chief, Maj. Rubaramira Ruranga, Matovu said Saleh had dished out money and property to voters in various districts to influence them to his re-elect his brother. He said they had tendered in court Saleh’s “confession” of voter bribery, which was captured on a video recording at one of his meetings with voters in Kamuli district.

Matovu said he would make a special application today to have the video played in the courtroom. “This is a serious piece of evidence,” he said.

Matovu said the last offence allegedly committed by Museveni was an attempt to disenfranchise voters across the country. He said the FDC had on January 28 complained to both the police and the Electoral Commission that NRM agents were moving around the country registering voters and details of their voters’ cards, while telling them that the government needed to know whom they wanted to vote. “That alone was enough to scare off some voters,” he said.
The hearing continues today.

REPORTED BY SOLOMON MUYITA, HUSSEIN BOGERE, SIRAJE K. LUBWAMA, EMMANUEL MULONDO & LYDIA MUKISA

Byabakama: The prosecution is ready to proceed and we have a witness in Court. However before the witness takes a stand, there is a matter that is to be sorted and that is reading the indictment to the accused persons because we amended the charge sheet and fresh plea has to be taken.
Kagaba: Are all the accused persons in Court?
Sam Edotu (Prison warder): They are all here.
Kagaba: Yes you told me there is an amended charge sheet?
Byabakama: Yes.
Kagaba: Have you availed it to your learned friends?
Byabakama: I did so.
Kagaba: What is the date of the amended indictment?
Matovu: We are raising that between then and now the amended charge sheet is still very defective. We have an objection to it and we have two points to raise.
Byabakama: I beg the indulgence of this Court. I think there is a technical problem. Section 50 of the trial and indictment Act provides for objections to be raised. It says that the objections can be raised after the indictment is read to the accused persons.
Kagaba: What is the use of someone pleading to guilty or not guilty, then the objection would be taken by events?
Matovu: The objection is not concerning the formality of the section.
Kagaba: Raise the objection?
Matovu: The first objection is concerning the A1 (Accused 1 Besigye) on Count one. The Count does not disclose the offence on A1 and since it is against him alone we shall pray that you quash the charge against A1 unless you find in your wisdom that this Count can be amended.
The Count that Besigye and others still at large between 2001 and 2004 plotted to overthrow the government of Uganda …..bla bla bla. Our submission is that an offence of treason under Section 23(c) of the Penal Code Act (PCA) requires that one must contrive a plot.
To disclose an offence under this section you cannot have an accused person contrive a plot with the whole world. There must be a plot with specific people. The reason being that if there are no people, who are either charged with Besigye or mentioned any where, then this man cannot commit an offence under this provision.
You cannot plot with yourself. Two, who is defending this man is not expected to defend him on allegations against the whole world. We must know who are these persons the man is plotting with and he tells us then we can cross-examine the witness accordingly.
If this is not done then we can say Kizza was today seen plotting with Mpanga and tomorrow with Byabakama. So we must have a specific plot. We must say that he held meetings to win elections that were rigged. Met with who? You can not meet with yourself.
It is my submission that as regards count one there is no offence disclosed and for as long as prosecution does not disclose the names of the people who are alleged to have plotted to overthrow the government, there is no case.
Kagaba: What you are saying is even if it is said at large it cannot work at all?
Matovu: If they say unknown, it is a different thing but at large means you are not even sure of the person. Secondly, there is misjoinder of counts and also of persons.
Kagaba: That is in relation to Count 2?
Matovu: Yes Count 1 and 2. The law states very clearly that…(reads out the law).
Our submission is that in count 1 and 2 there is no offence at all. Count 1 deals with A1 Kizza Besigye and his meetings and contacts with Kony, LRA, PRA. Then count 2 talks about A1 and the rest of the 22 and mentions a series of overt acts that don't talk about A1 and the rest of the 22, there is no nexus.
The overt acts do not make reference to A1 (Kizza)at all, A12 Ahmed Yunus, A17 John Arike and Godfrey Mwebembezi Nsimire. Of these four people who are part of the plot, they have no overt acts against the government - then there is no offence. I wonder why they are even being held as suspects.
Count 2 talks about misjoinder of persons. It is not possible to have a joint trial for those whose names the overt acts have been alleged under Section 24 of the Trial and Indictment Act. These people cannot be joined for trial on the same alleged offence. It would be prejudicial to all of them if they were separately tried. I am saying you cannot have them tried on Count 1, 2 and 3.
Byabakama: For the record there is no count 3.
Matovu: Oh Count 2 in the alternative. Even the overt acts on Count 2 are not connected. (Reads count 2). Now who are the rebel leaders here? Are we assuming Col. Mande and Kyakabale?
We don't follow the events. We are saying different trials ought to have been brought against the accused persons. There seem to be different plots, which could amount to different trials.
Kagaba: You are saying these are different counts for different trials?
Matovu: Yes. Lets take a case against Kizza Besigye in count 1. If you bring a witness here, he will give evidence against Kizza on count 1 and evidence on another person in another count. It is my submission that this charge sheet cannot stand. One of the offences have been disclosed and what does one mean against all the accused person.
No offence has been disclosed against Besigye. I don't see how they can disclose the offence against him even if the charge sheet is amended
In Count 2, again there are no offences disclosed against Dr Besigye A1, Mewbembezi Godfrey A3, A12 Idi Ahmed Yunus, and A17 Arike John. If those counts collapse the alternative count, which is the concealment of treason, cannot be sustained.
I just want to add, this last amendment of concealment of treason, is even worse than the first. I just want to implore the prosecution to withdraw this count because it is even more defective.
This would be sustained if in the particulars, there was any overt act which showed that Joseph Kony, Col. Edison Muzora, Col. Kyakabale, Col. Samson Mande, Barnabas Mugira Babu, Lt. Kyarisiima Matsiko, were shown to have had a plot and an overt act mentioned in Count two.
These people's names are not on the charge sheet but the accused persons are rather required to defend themselves against a plot that never existed. It is just speculation.
These defects are incurable and we're praying that the charges be quashed and the accused person be allowed to walk away freely like they're supposed to do because I don't see any amendment that can rectify this.
Kagaba: All the charges?
Matovu: Yes, count one can't stand, count two is defective, so we pray that the charges are incurable defective and they should be quashed.
Kagaba: Yes Byabakama?
Byabakama: The defence has raised fundamental legal issues therefore I am not in position to respond to them today. I need to do some little research. I would therefore seek an adjournment to respond substantively to these issues.
On the 20th of January this year when prosecution was called to present its first witness, the defence never raised any objection. When these people were taking plea, the objection then concerned the alternative count.
One wonders if the objection has been raised in good faith. Why did they not raise them before this honourable court. We're concerned that these objections are raised in piecemeal to delay this trial.
Kagaba: You think they enjoy to have their client have this burden for long?
Byabakama: That is the question because I thought these are capable, tested veteran lawyers. I hope they must have observed these so called incurable defects long ago. Why did they not raise it before?
Kagaba: Are they time barred?
Byabakama: In the first instance when they first raised the objection, I raised the time barred issue under Section 50.
Kagaba: How much time would you need to respond?
Byabakama: About an hour...These are not simple issues - two hours would not be sufficient. I will need a day as an officer of court who has assisted this court to reach justifiable decisions.
Matovu: The best alternative is to withdraw the charges. He is a whole DPP- the second biggest man. My friend is a very experienced man. If he is serious on the issue of urgency in this matter let him be given up to 3:00 pm and we go to another stage.
Kagaba: If it is adjourned for two hours, then I would need a day or two to make my ruling.
Byabakama: Tomorrow is not far.
Matovu: These adjournments cost a lot to the lawyers and to the accused.
Kagaba: I thought today we could finish with this preliminary stage because I had set March 15 for hearing the indictment. You're aware of the pending elections in the next weeks.
Byabakama: I am not asking for next week, I am only asking for tomorrow.
Kagaba: You're not looking for authorities, the TIA and the Penal Code are here.
Byabakama: I want to refer to some authorities.
Kagaba: If you're not deciding the day, I will decide it myself.
Matovu: If my learned friend says he can't reply now, he can as well reply on March 15.
Kagaba: I am forced to give a long period to March 15 for the prosecution to reply to the defence's objection.
Caleb Alaka: On the 16th of November 2005, 14 of the accused before you here whose names I can read were released on bail.
These are; Atukunda Frank, Mwebembezi Godfrey Nsimire, Tweyambe Robert, Ariko John, Baiga Abu bakr, Ago Pio Samson, Idi Ahamed Yunus, Abed Achano, Katabaazi James, George Tumwesigye alias Owakikiroru, Patrick Okiring, Musasizi Joseph Kifefe, Peter Atwongyere, and Brain Ewaga Taite.
Unfortunately, on that day, those people were released on bail, they were rudely prevented from signing the bail forms when the infamous black mambas took over the registry, the court cells, and consequently the accused persons before they could sign their bail forms.
We have made efforts to secure their production warrants so as to appear to the Registrar crime.
It has not been easy even when the superintendent of prisons got an order from the registrar to have these people brought before him on the 13th of January, 2006.
The Superintendent of upper prison obdurately refused without citing any reason. Even at times after such court session, they say it is not possible.
Since they are here, we pray that this court order these people to be taken to the court registrar for purposes of signing the bail forms and also for purposes of implementing the bail order, so I pray.
Byabakama: I am sorry I am a little bit lost I must say. Is this application before this court or it was an earlier application?
Kagaba: It was an earlier application.
Byabakama: I am sorry I was not party to it that is why I am lost but I want to point out one procedural matter.
Kagaba: You said you're not party?
Byabakama: I believe my learned friend when he says they were granted bail but.. (Reads Justice Edmund Ssempa Lugayizi's conditions and terms of his bail application that he granted on January 16)
Byabakama: I wish to point out one procedural aspect in light of the matter before you for implementation. That ruling to my understanding was made before the accused persons were brought before court for the main trial. From the time the accused took plea.
Kagaba: Which plea?
Byabakama: They have also taken plea afresh but when they took the first plea the trial had began. The point I am raising is that once trial has began, the discretion is with the trial judge - you cannot only implement.
Kagaba: You're saying now that trial has started?
Byabakama: I think this court has orders to release but circumstances have changed.
Kagaba: Then we shall not be consistent.
Byabakama: We're saying you should not only implement but look at the circumstances.
Alaka: We just brought to the indulgence of this court to implement what is already here. (Jokingly) Next time my learned friend will be asked to pay costs.
Kagaba: (Rules) After listening to the submissions of Alaka, the applicant and those of the learned Deputy DPP, I am not persuaded by the views expressed by the State. The bail that counsel for the applicant is seeking to put in place was granted to the accused persons on November 16, 2005.
What has prevented to their being released on bail between November 16 and now are the logistics existing in the High Court and the Prisons Department. Consequently, I direct that the 14 applicants be released on bail as directed by Justice Edmund Lugayizi on November 16, 2005.
The registrar should process their application and release them if their sureties are around to sign the bail bond forms. In case the sureties had already signed, my last statement has no effect on the matter.

TIMES: When were you born?
MUSEVENI: I don't know when I was born. I would be tailing you a lie to say I know
when I was born. My parents didn't know how to read or write. I would think it is between 1944 or 1946, guessing by events that were happening during the time I was born. One of the stories told by my parents is that I was born when African
ex-soldiers, of the World War II were returning home. They were called 'Baseveni' in Uganda. I think they belonged to the Seventh (KAR) Regiment or something like that so from there one could deduce I was born either in 1944 or 1946.

1 don't know the date or the month... I was born in a place called Ntungamo... some 40 miles from Mbarara town. I was the first born of my family and my mother has got three children but my father has another wife with quite a number of other children.
I went to school where I was born. I went to Kayamati Primary School, Mbarara High School for Junior Secondary School, primary seven and eight. And then I went to Ntare School for higher secondary education and then to Dar es Salaam University. I left Ntare High School in 1966 and left Dar es Salaam University in 1970.

TIMES: What were you studying at Dar es Salaam?
MUSEVENI: Political Science and Economics.

TIMES: What did you do when you left Dar es Salaam University?
MUSEVENI: I worked at the President's Office as an Assistant Secretary for Research. It was a brief stay there because shortly afterwards Amin overthrew Obote and because I didn't want to work for Amin I resigned and went to fight Amin.

TIMES: Were you directly answerable to the President or were you reporting to somebody else?
MUSEVENI: No, there was a director of research, who reported to the Permanent Secretary and then to the President. I was involved in trying to settle our people who are like the Masaai.

TIMES: But when you say 'our people,' who do you mean?
MUSEVENI: I am a Munyankole - if you know there is what they call the Ankole cattle - those are my people.

TIMES: To come back to the time you were a research assistant, did you have a chance of meeting Obote then?
MUSEVENI: Yes, we used to meet Obote.

TIMES: What were your impressions on Obote?
MUSEVENI: Hopeless. He was hopeless...we were critical of him, but not to the extent of opposing him with arms. We thought that we could change him from within by advising him, writing papers, but we could see Obote was hopeless because he was fond of flattery. Another thing he had an inferiority complex, whenever you criticised him he thought you were looking down upon him and such qualities are not good in a leader.

TIMES: During your university days did you engage in student politics?
MUSEVENI: Oh yes, very much so. I was very active in the University of Dar es Salaam. I was mainly involved in the politics of African liberation. In fact in 1968 I led a delegation of students to visit liberated areas of Frelimo.

TIMES: How had you made this contact with Frelimo?
MUSEVENI: Oh, we had been doing publicity work for Frelimo in Dar ea Salaam taking their documents and pinning them on the notice boards. Sending us here and there... we were working as their messengers and because of that, they invited us to visit their liberated areas.

TIMES: Have you gone back to Mozambique again since then?
MUSEVENI: Yes, later on when we were fighting Amin I went there to train our people. At that time I stayed for about two years, training my people, but Mozambique was independent.

TIMES: How many men did you train altogether in Mozambique?
MUSEVENI: This was in different batches. Sometimes 30. Sometimes 40 and sometimes 50 men, but not in one group.

TIMES: But you can remember the total number of men trained during that time?
MUSEVENI: Ah... Ah you know that is not necessary. Let's leave that.

TIMES: Between 1971 and 1979 what military activities did your group carry out against Amin?
MUSEVENI: First of all we took part in the invasion of 1972, well apart from group work. You see before you take military action, you must do some groundwork, you recruit separately, send people from Uganda and train them, because if you don't do that, then you can't have a base which can enable you to fight and do underground mobilisation and clandestine organisation.

GIVE ME YOUR VOTE: Museveni campaigns in the controversial 1980 elections. File photo

Later in September 1972, Obote worked out a plan to invade Uganda, we didn't agree with that plan but somehow we were maneuvered into taking part in that plan and we went there and fought. But the plan was not successful. So Amin defeated us and we went back and continued planning.

In 1973 we had some activities in Uganda, if you remember, there was a time when Amin executed 12 people publicly. Some of those were our people.
This was a result of the anti-Amin activities we were carrying out. Then we went on organising until 1978 when Amin attacked Tanzania. Tanzania gave us open facilities.

TIMES: When you say open facilities what do you mean?
MUSEVENI: Training and things like that and arms and we were able to organise on a big scale. By the end of the war, by April 1979, we had something like a force of 9,000 soldiers of our own FRONASA soldiers.

TIMES: How did Obote get back to Uganda and you still had 9,000 soldiers?
MUSEVENI: No, these 9,000 soldiers had been disorganised by our participation during the formation of the joint government of UNLF. We surrendered these people to the common authority.

TIMES: But being a Minister for Defence?
MUSEVENI: I was not the Minister for Defence by then. I had already been transferred to the Ministry of Regional Cooperation that was part of the plot to return Obote into power.

TIMES: But you still held on until after the elections in 1980 -- why didn't you go into the bush then?
MUSEVENI: Because I couldn't do anything before that because to have done something people would have misunderstood us... You can't fight until people have been cheated and are aware they have been cheated, otherwise if you start to fight before they are convinced, they will call you a trouble maker, and accuse you of fighting for your own ambitions so you have to allow the situation to mature by itself.

TIMES: But even now people say you are an ambitious man?
MUSEVENI: Well, they can say what they want. But for us we are fighting for principles. Someone who is ambitious never fights, because if you fight you may die. How many of our people have died in all these wars, for 15 years we have been fighting? Anybody who is ambitious will never go to the battlefront; he will stay in a nice capital somewhere and wait to be in power, that is one.

Secondly, if you are ambitious you don't fight the authorities. You work with them. An ambitious person never opposes people in power so he can be promoted. When we started this war against Obote, we had just about 27 rifles.
Now this is strange ambition: 27 rifles against 11.000 Tanzanian soldiers who were in Uganda at that time, against 16.000 Uganda Army which had been trained, against 23.000 militia, and you face them with 27 guns.

That must be strange ambition, or our ambition was to go to the grave... those are just idiots. If you hear people saying we are ambitious, call them idiots. Some of these Africans are so morally bankrupt- Wanajua kula tu (they only know how to eat), so they can never understand that there are people in Africa who are just committed to principles, Wanajua kula. kula kula tu (eat, eat, eat only).

TIMES: When you say you are not ambitious, then what are you?
MUSEVENI: We've got aims. One of our aims is dignity, dignity for the African people. I told you that I went to Mozambique in 1968. You cannot say I
wanted to be the President of Mozambique. Our aim has always been dignity for the African people, and dignity can mean a number of things. One is independence, two a decent level of living.

TIMES: Your political or ideological stand?
MUSEVENI: I am a nationalist. So our main stand in ideological terms is nationalism, patriotism, love for our country -- Uganda and Africa in general. That is our line.

TIMES: You said the main problem is economic, social and political underdevelopment.
MUSEVENI: Yes, politically we are underdeveloped. That is why you find lack of democracy, because of insecurity. The regimes are so insecure; they are afraid of people, afraid of different opinions and afraid of so many things at the same time. But if they were not afraid then you can talk, like in England you can go and talk and wear placards and nobody cares about you, because you are not a threat to anybody.

TIMES: Would you allow that kind of thing, say in Uganda?
MUSEVENI: Well, I think, er... the problem in Uganda and in other African countries as far as the political question is concerned, although there are many questions involved, political questions, economic questions and many other things, the position of Uganda and other African countries as far as the political question is concerned is lack of understanding the political problems on the part of the leaders as well as on those whom they are leading. So that you find that, they are sometimes arguing about the wrong things.

They argue very hotly but about the wrong things. I have told you about the question of parties in Uganda which are based partly on religious grounds. Some are Catholics some are Protestants.
Now this is not a correct demarcation. So. I am not very very sure whether to allow these fellows to continue fighting and arguing as Catholics and Protestants. So it is not easy to say allow freedom of this or that. Me, I think the main problem would be to educate the population about their real interests.
Because sometimes they are pushing other people's interests not their real interests and then the bad elements use their ignorance to push their own interests using the population and making the people forget about their own real interests.

TIMES: Back to Uganda, now, you contested the 1980 elections, but never won a seat yourself?
MUSEVENI: It was rigged. There was no election; there was no election. My constituency was stretching from the Tanzanian border up to Lake George. That is a distance of about a hundred miles. You see for yourself on the map.
You see they were demarcating the constituency in such a way that they would ensure that the people they didn't want didn't win the elections. That was problem Number One. We call that in English gerrymandering the constituency, manipulating the constituency so that you exclude the people you don't want to be elected.

TIMES: How do you react to accusations that you are not a Ugandan, that you come from Rwanda and should leave Ugandans to sort out their political problems?
MUSEVENI: Okay, suppose I was a Rwandese by origin, just for the sake of argument and I have lived in Uganda for many years.
Why shouldn't I take part in the politics of Uganda? After all, the law says, that if somebody stayed in Uganda for more than seven years as an African from a neighbouring country, he can apply to be a citizen of Uganda. So, even from that point of view that so and so is not a Ugandan and is a Rwandese it is rubbish as far as I am concerned.

Indians here, if Indians can be Kenyans, or Ugandans why shouldn't an African from Kenya or Rwanda be a citizen of Uganda for that matter if he has lived in Uganda for twenty or thirty years. If he wants to stay there, why shouldn't he have the same rights?
This is all rubbish... Brother, from these fellows who have failed to run Africa, they are always looking for excuses. Scapegoats, you know like Hitler, who when he failed to run Germany he started to blame the Jews and said the problem of Germany was Jews... this is all rubbish. But anyway to come to the question of whether I am a Ugandan or not, I am definitely a Ugandan by birth.

Point Number Two, even if I had come from Rwanda I would still be proud as I am and entitled as I am today to fight for justice in Uganda because that's where I would be living. This is rubbish, wajinga, wajinga, kabisa, hawa watu shenzi tu.
(They are stupid, stupid, foolish, foolish).

TIMES: The media impression is that you are the main stumbling block to Ugandan peace agreement by resisting disarmament.
MUSEVENI : What is disarmament? It's an insult to our people. They are talking about bringing foreign forces. Uganda is not a colony. The army is the core of the government, because it can protect and guarantee the government. How can a government by itself propose that it be disarmed?

Me, I wouldn't even whisper about it. What we need is a small training force. Why do they have so much faith in foreign armies? Obote had British, Korean, Sierra-Leonean, Australian, Tanzanian and Egyptian military trainers and even the North Koreans were actually fighting and sisi tunawapondaponda tu (and we still crushed them regardless). It is not necessary nor advisable to have foreign troops or do they want 'security' from foreign soldiers, worried about their own safety.

Why should a foreign power play a colonial role or mercenary role in Uganda? We proposed the formation of a joint force made of about 4,000 soldiers from NRA and UNLA and then some observers from some Commonwealth countries to see to the integration and formation of a new army.
I can't fail to get 16,000 soldiers to guard me, and I don't pay them, like the present case in Kampala. All we give them is food rations. Nothing more because they believe in the cause of the fight.

TIMES: But where do you get the money from to afford to buy them food?
MUSEVENI: We get money by capturing it from the regime. We confiscated it notstealing and we issue receipts for it and we shall account for it to the people of Uganda at a later date but not to the regime in Kampala.

TIMES: You are also accused of being a tribalist, that the movement and especially the people attending the peace talks are mainly Banyankole and only three Baganda who are alleged to be rejects by their own people?
MUSEVENI: You see, brother, these people are not serious. First, I am not a Ugandan. Then I am a tribalist, why all these contradictions? I have not cared to select the tribe all I care is that someone is doing a job.
You see, brother, in the NRA, we don't follow tribes, because if we did, it would mean that in theatre, that a Kikuyu is the doctor, a Kalenjin is the nurse and the Kamba is the theatre technician.
It would be ridiculous. If you bring tribalism tunakupondaponda (we crush you) until you are not seen and that is why we are defeating these bastards because we look for quality. We have Banyankole. Basoga. Bakiga, Banyoro and Baganda.

TIMES: What would make the two agree on peaceful solution to Ugandan problems?
MUSEVENI: There are only three positive elements in Uganda. One, our movement.
The political parties if they can only agree to come together and the young soldiers and officers of the UNLA, who staged the coup which was derailed and handed over to their bosses who were never involved in it.

TIMES: What about Tito Okello and Bazilio Okello? Are you saying that they were not involved in the coup against Obote?
MUSEVENI: Bazilio Okello and Tito Okello had nothing to do with the coup. In fact, Tito Okello almost fled to Sudan and the fellow who announced the coup was a certain Okello Kolo and in fact later defected to our side towards the end of September.

If you heard the first broadcast of the coup he was either a Second Lt. or a full Lieutenant. The Okellos had nothing to do with the coup. I can tell you because I am an authority in military affairs in Uganda.
The main motive of the coup was to end the war with NRA not with ex-Amin soldiers. Then these opportunists came in and used the power to try and safeguard their positions.

TIMES: But the other fighting groups in Uganda like the UNRF, FUNA and FEDEMU are asking for a complete disarmament and questioning your movement's claim to a special treatment. What have you to say to this, aren't you afraid?
MUSEVENI: No, not at all, you see, brother I will tell you about another Banyankole saying: One day an old woman urinated on one of these small ants. Anyway, whatever they are called, and the ant said to the old woman 'My friend I have survived many storms, and I am not going to be intimidated by you.'

MENGO

• President gave us cash at night, Rubaga youth says
• PGB registered after closing of voter registration
• You are telling lies, FDC chief tells Museveni

Colonel Kizza Besigye’s team has filed the last affidavits to support the petition against the re-election of President Yoweri Museveni, and have accused the Electoral Commission of fixing the results of last month’s presidential elections.

Besigye also filed a reply to a response by the President and their summary of evidence yesterday.

The sworn statements that were filed in the Supreme Court on Sunday claim that the electoral body totally ignored the tallying procedure to declare President Museveni winner of the February 23 poll.

The former Army Commander, Maj. Gen. Mugisha Muntu, who was assigned by the opposition Forum for Democratic Change to monitor the tallying of votes at the National Elections Tally Centre at Namboole, has contended that EC did not tally results.

“I know the Electoral Commission declared the purported final results of the 2006 presidential elections without any tallying by the returning officers of the results in the declarations forms at the electoral district level nor ascertainment of the results at the national level,” Muntu said.

STRATEGIES: Dr Besigye (R) listens to his lawyer Sam Njuba at the High Court in Kampala last week. Photo by Mike Odongkara

The retired officer, who is the FDC mobilising secretary, alleges in the affidavit that there are variations between the results that EC claims to have received by telephone or fax transmission from returning officers at districts from those on the official tally sheets.

Muntu says he reported the irregularity to his party and that FDC formally objected to the exercise, but the EC ignored them and proceeded to declare the results.

Results before tallying
“I know results are derived from additions and tallying of votes counted whose sum total is the result of a tally. At the National Tally Centre, results were first got before tallying was done contrary to both the laws and logic.”

The general went on: “…There is need to add all the votes recorded on each declaration form at the polling station tally, the votes of all the results for all the polling stations and ascertain the final results of the elections at the national level.”

Another witness, Ms Beti Olive Kamya, who is the MP-elect for Rubaga North, said in her affidavit in support of Besigye’s case that there is a discrepancy of 8,145 votes between declaration form records of total voters in her constituency and total voters from the same area announced by the EC.

The out-going MP for Ruhaama County in Ntungamo District, Mr Augustine Ruzindana, also claims that the voters’ roll in his area was inflated, by addition of soldiers and other NRM sympathisers who were ferried to the area in six buses on the Election Day.

He says at least 700 UPDF soldiers attached to the Presidential Guard Brigade (PGB) were deployed at Kyamugashe Barracks during the campaigns in November 2005, added on the voters register, they campaigned for President Museveni and later voted.

Besigye, who petitioned the Supreme Court on March 7 claiming that the poll was massively rigged, is seeking either a recount or the nullification of Museveni’s re-election and an order for a re-run. About 300 affidavits have been filed in the Supreme Court to support the petition.

He contends in his summary of evidence filed yesterday that the EC did not conduct the election in accordance with the law and that the declaration of Museveni as winner was illegal. “The petitioner shall adduce evidence to show that his supporters’ names were deleted from the voters register, that there were gross malpractices and irregularities, which marred the election.

According to the summary filed in court, Besigye shall produce evidence to show that the second respondent (President Museveni) personally committed illegal practices and offences connected to the election including, but not limited to, bribery, interfering with the free franchise of voters, made malicious, abusive, sectarian, derisive and defamatory statements against the petitioner, contrary to the law.

In his response to the petition early last week, President Museveni denied Dr Besigye's claims and contended that the elections were held in a transparent, free and fair manner and in conformity with the law. Museveni denied indulging in personal attacks on Besigye and FDC officials and extensively repeated in his affidavits the statements he made at the various campaign rallies.

In his answer challenging Museveni’s response, Besigye said Museveni had lied in his affidavit. “…All the statements the second respondents (Museveni) has made in the affidavit about me and other FDC candidates at his campaign rallies are false, derogatory, insulting, exaggerations, malicious, abusive and derisive,” he said.

Besigye gives his track record in the Army and Public Service. He also once again denies supporting terrorism.
To support the bribery claims, one Henry Lukwaya, a parish youth chairperson for Lungujja in Kampala, contends that President Museveni bribed 40 youths from Rubaga one night last December in State House, Nakasero.
“I know for a fact that on December 24, 2005, a group of youths who included Chief Mbowa, Bashir Kakooza, Lumu Fred, Isma Lubega and Katende had visited State House prior to our visit and had received Shs100,000 each,” he says.

Supplementing the bribery claims, Ruzindana says that a week before polling day, all LC 1 chairpersons in Ntungamo districts were bribed by Museveni’s agents with Shs50,000 each, to support him.

“On the eve of polling day and on polling day itself, there was widespread distribution of money by the agents [of Museveni] to registered voters… commodities such as blankets, women’s wear known as bitambi, iron sheets, sugar, salt and money as inducements to support the second respondent,” he said.

How soldiers rigged
Another affidavit by Pte Allan Barigye alleges that instructions were issued to soldiers in Mbarara barracks, three days before the voting by a one Capt Ahimbisibwe from the Office of the Chief Political Commissar, Bombo headquarters. “He informed us that we would be required to use our fellow soldiers’ registration cards to vote for the 2nd respondent,” Barigye swore in his affidavit. He continues that on the polling day at 8 am, five hundred of them were summoned to a parade. “

Capt. Ahimbisibwe addressed us and told us that each of us would be given 17 ballot papers with 16 of them pre-ticked in favour of President Museveni and we would tick the 17 ballot papers at the voting table.” Barigye says Ahimbisibwe, who distributed the 16 ballot papers together with another Captain, Chris Ndyabagye, ordered the soldiers to hide the 16 pre-ticked ballot papers, in the folded long sleeves of our shirts and cast them in the ballot box at the time of casting the 17th ballot paper. Barigye says he together with some soldiers “agreed that they would not be part of the fraud”.

The soldiers were later allegedly instructed by a Lt Balamu to go to the water tank where Capt. Ahimbisibwe, Capt Ndyabagye and a civilian who was introduced as a official from the EC stood with a heap of voters’ cards. Barigye picked five of the cards and proceeded to the presiding officer as instructed, “but not to hand over the cards but simply to tell the presiding officer the name on the card and the presiding officer would tick any name on the register and give the ballot papers”.

The soldiers were allegedly instructed to tick the ballot papers in favour of Museveni, but advised to put the cards already used in a different pocket so as not to mix them and hand over the cards to Brig. Hardison Mukasa after the exercise.

“I voted three times at Lubiri Cell I polling station and the two times at Kasari outside quarter guard polling station and on all occasions the ballot paper handed to me was already ticked in favour of candidate Museveni.”
Capt. Ahimbisibwe allegedly arrested Barigye and four others for having not followed his orders.

Barigye says he managed to escape from custody, taking the 17 ballot papers with him, but his mother burnt them “because army officers and the District Internal Security Officers had come looking for me.”

Barigye attached photocopies of the voters cards belonging to other soldiers that he was given to vote more than once. The five belong to Thomas Ngwabusha, Fred Barungi, Robert Akwijuka, Walter Achidri and Ambrose Bangumya, all registered at Lubiri Cell I.

Unsealed envelopes
Kevinah Taaka from Busia swore an affidavit that the ballot boxes as well as the envelopes in which the declaration forms were to be kept were unsealed. She also affirms that the declaration forms were delivered at the district headquarters at 3 am after she had sent her driver and two others to find out what the problem was.

Taaka, who was a contestant for the Woman MP said that the Busia RDC, Robin Nabanja, pitched camp in the returning officer’s office throughout the tallying period. “During the time she was seated in the said office, I heard her say that she could not let the Mzee down.”
Taaka submitted a video recording of the incident.

Hearing of the petition starts on Wednesday.

MENGO

• President gave us cash at night, Rubaga youth says
• PGB registered after closing of voter registration
• You are telling lies, FDC chief tells Museveni

Colonel Kizza Besigye’s team has filed the last affidavits to support the petition against the re-election of President Yoweri Museveni, and have accused the Electoral Commission of fixing the results of last month’s presidential elections.

Besigye also filed a reply to a response by the President and their summary of evidence yesterday.

The sworn statements that were filed in the Supreme Court on Sunday claim that the electoral body totally ignored the tallying procedure to declare President Museveni winner of the February 23 poll.

The former Army Commander, Maj. Gen. Mugisha Muntu, who was assigned by the opposition Forum for Democratic Change to monitor the tallying of votes at the National Elections Tally Centre at Namboole, has contended that EC did not tally results.

“I know the Electoral Commission declared the purported final results of the 2006 presidential elections without any tallying by the returning officers of the results in the declarations forms at the electoral district level nor ascertainment of the results at the national level,” Muntu said.

STRATEGIES: Dr Besigye (R) listens to his lawyer Sam Njuba at the High Court in Kampala last week. Photo by Mike Odongkara

The retired officer, who is the FDC mobilising secretary, alleges in the affidavit that there are variations between the results that EC claims to have received by telephone or fax transmission from returning officers at districts from those on the official tally sheets.

Muntu says he reported the irregularity to his party and that FDC formally objected to the exercise, but the EC ignored them and proceeded to declare the results.

Results before tallying
“I know results are derived from additions and tallying of votes counted whose sum total is the result of a tally. At the National Tally Centre, results were first got before tallying was done contrary to both the laws and logic.”

The general went on: “…There is need to add all the votes recorded on each declaration form at the polling station tally, the votes of all the results for all the polling stations and ascertain the final results of the elections at the national level.”

Another witness, Ms Beti Olive Kamya, who is the MP-elect for Rubaga North, said in her affidavit in support of Besigye’s case that there is a discrepancy of 8,145 votes between declaration form records of total voters in her constituency and total voters from the same area announced by the EC.

The out-going MP for Ruhaama County in Ntungamo District, Mr Augustine Ruzindana, also claims that the voters’ roll in his area was inflated, by addition of soldiers and other NRM sympathisers who were ferried to the area in six buses on the Election Day.

He says at least 700 UPDF soldiers attached to the Presidential Guard Brigade (PGB) were deployed at Kyamugashe Barracks during the campaigns in November 2005, added on the voters register, they campaigned for President Museveni and later voted.

Besigye, who petitioned the Supreme Court on March 7 claiming that the poll was massively rigged, is seeking either a recount or the nullification of Museveni’s re-election and an order for a re-run. About 300 affidavits have been filed in the Supreme Court to support the petition.

He contends in his summary of evidence filed yesterday that the EC did not conduct the election in accordance with the law and that the declaration of Museveni as winner was illegal. “The petitioner shall adduce evidence to show that his supporters’ names were deleted from the voters register, that there were gross malpractices and irregularities, which marred the election.

According to the summary filed in court, Besigye shall produce evidence to show that the second respondent (President Museveni) personally committed illegal practices and offences connected to the election including, but not limited to, bribery, interfering with the free franchise of voters, made malicious, abusive, sectarian, derisive and defamatory statements against the petitioner, contrary to the law.

In his response to the petition early last week, President Museveni denied Dr Besigye's claims and contended that the elections were held in a transparent, free and fair manner and in conformity with the law. Museveni denied indulging in personal attacks on Besigye and FDC officials and extensively repeated in his affidavits the statements he made at the various campaign rallies.

In his answer challenging Museveni’s response, Besigye said Museveni had lied in his affidavit. “…All the statements the second respondents (Museveni) has made in the affidavit about me and other FDC candidates at his campaign rallies are false, derogatory, insulting, exaggerations, malicious, abusive and derisive,” he said.

Besigye gives his track record in the Army and Public Service. He also once again denies supporting terrorism.
To support the bribery claims, one Henry Lukwaya, a parish youth chairperson for Lungujja in Kampala, contends that President Museveni bribed 40 youths from Rubaga one night last December in State House, Nakasero.
“I know for a fact that on December 24, 2005, a group of youths who included Chief Mbowa, Bashir Kakooza, Lumu Fred, Isma Lubega and Katende had visited State House prior to our visit and had received Shs100,000 each,” he says.

Supplementing the bribery claims, Ruzindana says that a week before polling day, all LC 1 chairpersons in Ntungamo districts were bribed by Museveni’s agents with Shs50,000 each, to support him.

“On the eve of polling day and on polling day itself, there was widespread distribution of money by the agents [of Museveni] to registered voters… commodities such as blankets, women’s wear known as bitambi, iron sheets, sugar, salt and money as inducements to support the second respondent,” he said.

How soldiers rigged
Another affidavit by Pte Allan Barigye alleges that instructions were issued to soldiers in Mbarara barracks, three days before the voting by a one Capt Ahimbisibwe from the Office of the Chief Political Commissar, Bombo headquarters. “He informed us that we would be required to use our fellow soldiers’ registration cards to vote for the 2nd respondent,” Barigye swore in his affidavit. He continues that on the polling day at 8 am, five hundred of them were summoned to a parade. “

Capt. Ahimbisibwe addressed us and told us that each of us would be given 17 ballot papers with 16 of them pre-ticked in favour of President Museveni and we would tick the 17 ballot papers at the voting table.” Barigye says Ahimbisibwe, who distributed the 16 ballot papers together with another Captain, Chris Ndyabagye, ordered the soldiers to hide the 16 pre-ticked ballot papers, in the folded long sleeves of our shirts and cast them in the ballot box at the time of casting the 17th ballot paper. Barigye says he together with some soldiers “agreed that they would not be part of the fraud”.

The soldiers were later allegedly instructed by a Lt Balamu to go to the water tank where Capt. Ahimbisibwe, Capt Ndyabagye and a civilian who was introduced as a official from the EC stood with a heap of voters’ cards. Barigye picked five of the cards and proceeded to the presiding officer as instructed, “but not to hand over the cards but simply to tell the presiding officer the name on the card and the presiding officer would tick any name on the register and give the ballot papers”.

The soldiers were allegedly instructed to tick the ballot papers in favour of Museveni, but advised to put the cards already used in a different pocket so as not to mix them and hand over the cards to Brig. Hardison Mukasa after the exercise.

“I voted three times at Lubiri Cell I polling station and the two times at Kasari outside quarter guard polling station and on all occasions the ballot paper handed to me was already ticked in favour of candidate Museveni.”
Capt. Ahimbisibwe allegedly arrested Barigye and four others for having not followed his orders.

Barigye says he managed to escape from custody, taking the 17 ballot papers with him, but his mother burnt them “because army officers and the District Internal Security Officers had come looking for me.”

Barigye attached photocopies of the voters cards belonging to other soldiers that he was given to vote more than once. The five belong to Thomas Ngwabusha, Fred Barungi, Robert Akwijuka, Walter Achidri and Ambrose Bangumya, all registered at Lubiri Cell I.

Unsealed envelopes
Kevinah Taaka from Busia swore an affidavit that the ballot boxes as well as the envelopes in which the declaration forms were to be kept were unsealed. She also affirms that the declaration forms were delivered at the district headquarters at 3 am after she had sent her driver and two others to find out what the problem was.

Taaka, who was a contestant for the Woman MP said that the Busia RDC, Robin Nabanja, pitched camp in the returning officer’s office throughout the tallying period. “During the time she was seated in the said office, I heard her say that she could not let the Mzee down.”
Taaka submitted a video recording of the incident.

Hearing of the petition starts on Wednesday.

MENGO

• President gave us cash at night, Rubaga youth says
• PGB registered after closing of voter registration
• You are telling lies, FDC chief tells Museveni

Colonel Kizza Besigye’s team has filed the last affidavits to support the petition against the re-election of President Yoweri Museveni, and have accused the Electoral Commission of fixing the results of last month’s presidential elections.

Besigye also filed a reply to a response by the President and their summary of evidence yesterday.

The sworn statements that were filed in the Supreme Court on Sunday claim that the electoral body totally ignored the tallying procedure to declare President Museveni winner of the February 23 poll.

The former Army Commander, Maj. Gen. Mugisha Muntu, who was assigned by the opposition Forum for Democratic Change to monitor the tallying of votes at the National Elections Tally Centre at Namboole, has contended that EC did not tally results.

“I know the Electoral Commission declared the purported final results of the 2006 presidential elections without any tallying by the returning officers of the results in the declarations forms at the electoral district level nor ascertainment of the results at the national level,” Muntu said.

STRATEGIES: Dr Besigye (R) listens to his lawyer Sam Njuba at the High Court in Kampala last week. Photo by Mike Odongkara

The retired officer, who is the FDC mobilising secretary, alleges in the affidavit that there are variations between the results that EC claims to have received by telephone or fax transmission from returning officers at districts from those on the official tally sheets.

Muntu says he reported the irregularity to his party and that FDC formally objected to the exercise, but the EC ignored them and proceeded to declare the results.

Results before tallying
“I know results are derived from additions and tallying of votes counted whose sum total is the result of a tally. At the National Tally Centre, results were first got before tallying was done contrary to both the laws and logic.”

The general went on: “…There is need to add all the votes recorded on each declaration form at the polling station tally, the votes of all the results for all the polling stations and ascertain the final results of the elections at the national level.”

Another witness, Ms Beti Olive Kamya, who is the MP-elect for Rubaga North, said in her affidavit in support of Besigye’s case that there is a discrepancy of 8,145 votes between declaration form records of total voters in her constituency and total voters from the same area announced by the EC.

The out-going MP for Ruhaama County in Ntungamo District, Mr Augustine Ruzindana, also claims that the voters’ roll in his area was inflated, by addition of soldiers and other NRM sympathisers who were ferried to the area in six buses on the Election Day.

He says at least 700 UPDF soldiers attached to the Presidential Guard Brigade (PGB) were deployed at Kyamugashe Barracks during the campaigns in November 2005, added on the voters register, they campaigned for President Museveni and later voted.

Besigye, who petitioned the Supreme Court on March 7 claiming that the poll was massively rigged, is seeking either a recount or the nullification of Museveni’s re-election and an order for a re-run. About 300 affidavits have been filed in the Supreme Court to support the petition.

He contends in his summary of evidence filed yesterday that the EC did not conduct the election in accordance with the law and that the declaration of Museveni as winner was illegal. “The petitioner shall adduce evidence to show that his supporters’ names were deleted from the voters register, that there were gross malpractices and irregularities, which marred the election.

According to the summary filed in court, Besigye shall produce evidence to show that the second respondent (President Museveni) personally committed illegal practices and offences connected to the election including, but not limited to, bribery, interfering with the free franchise of voters, made malicious, abusive, sectarian, derisive and defamatory statements against the petitioner, contrary to the law.

In his response to the petition early last week, President Museveni denied Dr Besigye's claims and contended that the elections were held in a transparent, free and fair manner and in conformity with the law. Museveni denied indulging in personal attacks on Besigye and FDC officials and extensively repeated in his affidavits the statements he made at the various campaign rallies.

In his answer challenging Museveni’s response, Besigye said Museveni had lied in his affidavit. “…All the statements the second respondents (Museveni) has made in the affidavit about me and other FDC candidates at his campaign rallies are false, derogatory, insulting, exaggerations, malicious, abusive and derisive,” he said.

Besigye gives his track record in the Army and Public Service. He also once again denies supporting terrorism.
To support the bribery claims, one Henry Lukwaya, a parish youth chairperson for Lungujja in Kampala, contends that President Museveni bribed 40 youths from Rubaga one night last December in State House, Nakasero.
“I know for a fact that on December 24, 2005, a group of youths who included Chief Mbowa, Bashir Kakooza, Lumu Fred, Isma Lubega and Katende had visited State House prior to our visit and had received Shs100,000 each,” he says.

Supplementing the bribery claims, Ruzindana says that a week before polling day, all LC 1 chairpersons in Ntungamo districts were bribed by Museveni’s agents with Shs50,000 each, to support him.

“On the eve of polling day and on polling day itself, there was widespread distribution of money by the agents [of Museveni] to registered voters… commodities such as blankets, women’s wear known as bitambi, iron sheets, sugar, salt and money as inducements to support the second respondent,” he said.

How soldiers rigged
Another affidavit by Pte Allan Barigye alleges that instructions were issued to soldiers in Mbarara barracks, three days before the voting by a one Capt Ahimbisibwe from the Office of the Chief Political Commissar, Bombo headquarters. “He informed us that we would be required to use our fellow soldiers’ registration cards to vote for the 2nd respondent,” Barigye swore in his affidavit. He continues that on the polling day at 8 am, five hundred of them were summoned to a parade. “

Capt. Ahimbisibwe addressed us and told us that each of us would be given 17 ballot papers with 16 of them pre-ticked in favour of President Museveni and we would tick the 17 ballot papers at the voting table.” Barigye says Ahimbisibwe, who distributed the 16 ballot papers together with another Captain, Chris Ndyabagye, ordered the soldiers to hide the 16 pre-ticked ballot papers, in the folded long sleeves of our shirts and cast them in the ballot box at the time of casting the 17th ballot paper. Barigye says he together with some soldiers “agreed that they would not be part of the fraud”.

The soldiers were later allegedly instructed by a Lt Balamu to go to the water tank where Capt. Ahimbisibwe, Capt Ndyabagye and a civilian who was introduced as a official from the EC stood with a heap of voters’ cards. Barigye picked five of the cards and proceeded to the presiding officer as instructed, “but not to hand over the cards but simply to tell the presiding officer the name on the card and the presiding officer would tick any name on the register and give the ballot papers”.

The soldiers were allegedly instructed to tick the ballot papers in favour of Museveni, but advised to put the cards already used in a different pocket so as not to mix them and hand over the cards to Brig. Hardison Mukasa after the exercise.

“I voted three times at Lubiri Cell I polling station and the two times at Kasari outside quarter guard polling station and on all occasions the ballot paper handed to me was already ticked in favour of candidate Museveni.”
Capt. Ahimbisibwe allegedly arrested Barigye and four others for having not followed his orders.

Barigye says he managed to escape from custody, taking the 17 ballot papers with him, but his mother burnt them “because army officers and the District Internal Security Officers had come looking for me.”

Barigye attached photocopies of the voters cards belonging to other soldiers that he was given to vote more than once. The five belong to Thomas Ngwabusha, Fred Barungi, Robert Akwijuka, Walter Achidri and Ambrose Bangumya, all registered at Lubiri Cell I.

Unsealed envelopes
Kevinah Taaka from Busia swore an affidavit that the ballot boxes as well as the envelopes in which the declaration forms were to be kept were unsealed. She also affirms that the declaration forms were delivered at the district headquarters at 3 am after she had sent her driver and two others to find out what the problem was.

Taaka, who was a contestant for the Woman MP said that the Busia RDC, Robin Nabanja, pitched camp in the returning officer’s office throughout the tallying period. “During the time she was seated in the said office, I heard her say that she could not let the Mzee down.”
Taaka submitted a video recording of the incident.

Hearing of the petition starts on Wednesday.

MENGO

• President gave us cash at night, Rubaga youth says
• PGB registered after closing of voter registration
• You are telling lies, FDC chief tells Museveni

Colonel Kizza Besigye’s team has filed the last affidavits to support the petition against the re-election of President Yoweri Museveni, and have accused the Electoral Commission of fixing the results of last month’s presidential elections.

Besigye also filed a reply to a response by the President and their summary of evidence yesterday.

The sworn statements that were filed in the Supreme Court on Sunday claim that the electoral body totally ignored the tallying procedure to declare President Museveni winner of the February 23 poll.

The former Army Commander, Maj. Gen. Mugisha Muntu, who was assigned by the opposition Forum for Democratic Change to monitor the tallying of votes at the National Elections Tally Centre at Namboole, has contended that EC did not tally results.

“I know the Electoral Commission declared the purported final results of the 2006 presidential elections without any tallying by the returning officers of the results in the declarations forms at the electoral district level nor ascertainment of the results at the national level,” Muntu said.

STRATEGIES: Dr Besigye (R) listens to his lawyer Sam Njuba at the High Court in Kampala last week. Photo by Mike Odongkara

The retired officer, who is the FDC mobilising secretary, alleges in the affidavit that there are variations between the results that EC claims to have received by telephone or fax transmission from returning officers at districts from those on the official tally sheets.

Muntu says he reported the irregularity to his party and that FDC formally objected to the exercise, but the EC ignored them and proceeded to declare the results.

Results before tallying
“I know results are derived from additions and tallying of votes counted whose sum total is the result of a tally. At the National Tally Centre, results were first got before tallying was done contrary to both the laws and logic.”

The general went on: “…There is need to add all the votes recorded on each declaration form at the polling station tally, the votes of all the results for all the polling stations and ascertain the final results of the elections at the national level.”

Another witness, Ms Beti Olive Kamya, who is the MP-elect for Rubaga North, said in her affidavit in support of Besigye’s case that there is a discrepancy of 8,145 votes between declaration form records of total voters in her constituency and total voters from the same area announced by the EC.

The out-going MP for Ruhaama County in Ntungamo District, Mr Augustine Ruzindana, also claims that the voters’ roll in his area was inflated, by addition of soldiers and other NRM sympathisers who were ferried to the area in six buses on the Election Day.

He says at least 700 UPDF soldiers attached to the Presidential Guard Brigade (PGB) were deployed at Kyamugashe Barracks during the campaigns in November 2005, added on the voters register, they campaigned for President Museveni and later voted.

Besigye, who petitioned the Supreme Court on March 7 claiming that the poll was massively rigged, is seeking either a recount or the nullification of Museveni’s re-election and an order for a re-run. About 300 affidavits have been filed in the Supreme Court to support the petition.

He contends in his summary of evidence filed yesterday that the EC did not conduct the election in accordance with the law and that the declaration of Museveni as winner was illegal. “The petitioner shall adduce evidence to show that his supporters’ names were deleted from the voters register, that there were gross malpractices and irregularities, which marred the election.

According to the summary filed in court, Besigye shall produce evidence to show that the second respondent (President Museveni) personally committed illegal practices and offences connected to the election including, but not limited to, bribery, interfering with the free franchise of voters, made malicious, abusive, sectarian, derisive and defamatory statements against the petitioner, contrary to the law.

In his response to the petition early last week, President Museveni denied Dr Besigye's claims and contended that the elections were held in a transparent, free and fair manner and in conformity with the law. Museveni denied indulging in personal attacks on Besigye and FDC officials and extensively repeated in his affidavits the statements he made at the various campaign rallies.

In his answer challenging Museveni’s response, Besigye said Museveni had lied in his affidavit. “…All the statements the second respondents (Museveni) has made in the affidavit about me and other FDC candidates at his campaign rallies are false, derogatory, insulting, exaggerations, malicious, abusive and derisive,” he said.

Besigye gives his track record in the Army and Public Service. He also once again denies supporting terrorism.
To support the bribery claims, one Henry Lukwaya, a parish youth chairperson for Lungujja in Kampala, contends that President Museveni bribed 40 youths from Rubaga one night last December in State House, Nakasero.
“I know for a fact that on December 24, 2005, a group of youths who included Chief Mbowa, Bashir Kakooza, Lumu Fred, Isma Lubega and Katende had visited State House prior to our visit and had received Shs100,000 each,” he says.

Supplementing the bribery claims, Ruzindana says that a week before polling day, all LC 1 chairpersons in Ntungamo districts were bribed by Museveni’s agents with Shs50,000 each, to support him.

“On the eve of polling day and on polling day itself, there was widespread distribution of money by the agents [of Museveni] to registered voters… commodities such as blankets, women’s wear known as bitambi, iron sheets, sugar, salt and money as inducements to support the second respondent,” he said.

How soldiers rigged
Another affidavit by Pte Allan Barigye alleges that instructions were issued to soldiers in Mbarara barracks, three days before the voting by a one Capt Ahimbisibwe from the Office of the Chief Political Commissar, Bombo headquarters. “He informed us that we would be required to use our fellow soldiers’ registration cards to vote for the 2nd respondent,” Barigye swore in his affidavit. He continues that on the polling day at 8 am, five hundred of them were summoned to a parade. “

Capt. Ahimbisibwe addressed us and told us that each of us would be given 17 ballot papers with 16 of them pre-ticked in favour of President Museveni and we would tick the 17 ballot papers at the voting table.” Barigye says Ahimbisibwe, who distributed the 16 ballot papers together with another Captain, Chris Ndyabagye, ordered the soldiers to hide the 16 pre-ticked ballot papers, in the folded long sleeves of our shirts and cast them in the ballot box at the time of casting the 17th ballot paper. Barigye says he together with some soldiers “agreed that they would not be part of the fraud”.

The soldiers were later allegedly instructed by a Lt Balamu to go to the water tank where Capt. Ahimbisibwe, Capt Ndyabagye and a civilian who was introduced as a official from the EC stood with a heap of voters’ cards. Barigye picked five of the cards and proceeded to the presiding officer as instructed, “but not to hand over the cards but simply to tell the presiding officer the name on the card and the presiding officer would tick any name on the register and give the ballot papers”.

The soldiers were allegedly instructed to tick the ballot papers in favour of Museveni, but advised to put the cards already used in a different pocket so as not to mix them and hand over the cards to Brig. Hardison Mukasa after the exercise.

“I voted three times at Lubiri Cell I polling station and the two times at Kasari outside quarter guard polling station and on all occasions the ballot paper handed to me was already ticked in favour of candidate Museveni.”
Capt. Ahimbisibwe allegedly arrested Barigye and four others for having not followed his orders.

Barigye says he managed to escape from custody, taking the 17 ballot papers with him, but his mother burnt them “because army officers and the District Internal Security Officers had come looking for me.”

Barigye attached photocopies of the voters cards belonging to other soldiers that he was given to vote more than once. The five belong to Thomas Ngwabusha, Fred Barungi, Robert Akwijuka, Walter Achidri and Ambrose Bangumya, all registered at Lubiri Cell I.

Unsealed envelopes
Kevinah Taaka from Busia swore an affidavit that the ballot boxes as well as the envelopes in which the declaration forms were to be kept were unsealed. She also affirms that the declaration forms were delivered at the district headquarters at 3 am after she had sent her driver and two others to find out what the problem was.

Taaka, who was a contestant for the Woman MP said that the Busia RDC, Robin Nabanja, pitched camp in the returning officer’s office throughout the tallying period. “During the time she was seated in the said office, I heard her say that she could not let the Mzee down.”
Taaka submitted a video recording of the incident.

Hearing of the petition starts on Wednesday.