Joyce Bagala appeals against court decision that threw her out of Parliament

Joyce Bagala has challenged the recent High Court judgement that saw her thrown out of parliament as the Mityana district Woman MP.

The High Court in Mubende last month ruled that there was voter bribery, multiple voting during the January 14 polls in Mityana committed by Bagala or her agents and consequently the non-compliance with the electoral laws saw the presiding judge order for a fresh election.

However, in her petition to the Court of Appeal in Kampala, Bagala says the lower court judge erred in law when he declined to strike out the petition which was support by an affidavit by her opponent Judith Nabakooba and had been commissioned by an advocate who had not renewed his practicing certificate for the year 2021.

“The learned trial judge erred in law and fact when he held that section 7(6) of the Parliamentary Elections Act does not prohibit election officers from giving evidence in election petitions and that counsel didn’t adduce evidence to support the alleged lack of lawful authority by the electoral officers to testify,”Bagala says in her appeal.

The journalist who trounced Lands Minister Judith Nabakooba in the January 14 polls argues that it was wrong for the court to nullify her election by failed to dismiss uncertified voter location slips used as evidence by her opponent in the petition.

According to Bagala, it was an error on the side of the trial judge to conclude that Nabakooba had adduced sufficient evidence to prove that she(Bagala) through her agents with her knowledge, approval and consent bribed voters yet the claim was based on probabilities without concrete evidence.

“The learned trial judge erred in law and fact when he failed to evaluate the evidence on court record and came to a wrong conclusion that Nabakooba adduced sufficient evidence to prove that the second respondent (Bagala) through her agents, with her knowledge or consent with her approval committed the alleged offence of bribery.”

Orders

In her appeal, the National Unity Platform candidate in the January 14 polls in Mityana Woman MP race wants the Court of Appeal to quash and set aside the earlier judgement and resultant directive by the High Court in Mubende that had ordered for a fresh election.

Bagala is represented by lawyers from Lukwago and Company Advocates whereas Nabakooba is represented by Okello Oryem and Company Advocates.

Background

In the January 14 election, Joyce Bagala Ntwatwa was declared winner of the hotly contested race with 64,305 votes whereas her closest rival, Lands Minister , Judith Nabakooba Nalule garnered 48,078 votes.

Brenda Nabaliisa, the other candidate in the race got only 1,509 votes.

Nabakooba petitioned the High Court challenging the outcome of the election over multiple voting and voter bribery by Bagala.