The court further observed that there was no evidence linking the youths who disrupted the polling exercise to Azalwa or proving that they acted with his knowledge, consent or approval.
By Yazid Yolisigira
There were celebrations and tears in Iganga on Tuesday after the High Court dismissed an election petition filed by former Busiki County MP Paul Akamba, challenging the victory of incumbent Joel Waiswa Azalwa in the January 15 parliamentary elections.
In her judgment, Justice Patience Rubagumya confirmed Azalwa’s election as the directly elected Member of Parliament for Busiki County in Namutumba District, ruling that Akamba had failed to prove that the alleged electoral irregularities substantially affected the outcome of the poll.
The court also ordered Akamba to pay costs to Azalwa.
The petition arose from the election in which Azalwa was declared winner with 20,065 votes against Akamba’s 19,093, giving him a victory margin of 972 votes. Ten candidates contested for the parliamentary seat.
Akamba had asked the court to nullify the results, declare him the winner or, alternatively, order a fresh election, citing alleged ballot stuffing, multiple voting, bribery, intimidation, violence, voter obstruction and irregularities in the tallying process.
VIDEO: Bukanama Dairy Farm – Busuulwa’s Journey from 10 to 6,000 Cattle in 22 Years
However, after examining evidence from the parties and evaluating allegations at 13 of the constituency’s 194 polling stations, Justice Rubagumya found that the petitioner had only established electoral non-compliance at Budongo (A-I) polling station at Namutumba Primary School.
The court established that a group of youths invaded the polling station at around midday, overpowered the presiding officer, grabbed election materials and began pre-ticking ballot papers before police intervened.
The incident disrupted voting for about an hour. Police recovered the pre-ticked ballot papers, which the court found had not been introduced into the ballot boxes. Voting resumed at about 1:00pm and continued without further incident.
The judge, however, found that the Electoral Commission had failed in its duty to maintain peace and order at the polling station.
She ruled that the incident did not substantially affect the election result, noting that it was confined to one polling station and that police responded promptly, enabling voting to resume.
The court further observed that there was no evidence linking the youths who disrupted the polling exercise to Azalwa or proving that they acted with his knowledge, consent or approval.
On allegations of ballot stuffing and multiple voting at other polling stations, the judge found that Akamba had not presented sufficient independent evidence to substantiate the claims.
The court also dismissed allegations that the Returning Officer had failed to tally results from the Declaration of Results Forms, finding that the certified tally sheet and other electoral documents corresponded with the results recorded at the polling stations.
Akamba had also claimed that he submitted a complaint to the District Returning Officer seeking cancellation of results from 10 polling stations. However, the judge found that he had not proved that the Electoral Commission received the complaint, noting that the letter had no official receiving stamp and that the relevant polling station results forms did not contain complaints from his agents.
The judge further rejected claims that Azalwa had bribed voters through contributions to savings groups and associations during the campaign period.
Akamba had accused Azalwa of giving money to members of the Muzaddetagulwa and Zibulatudde savings groups, Makenha Parish Youth Leaders Emyooga Association and Ssekawuka PHA group in exchange for votes.
Government Lifts Mukene Fishing Ban, Maintains Restrictions on Hurry-Up Fishing Method
But the court found that the allegations were not supported by sufficient independent and credible evidence to establish that money had been given to registered voters to influence their choices.
In one instance, the court noted that Azalwa had admitted attending a function hosted by the Muzaddetagulwa savings group but denied giving money to the members or the host. The judge said attendance at a gathering, on its own, was not sufficient proof of bribery.
The court also rejected claims of violence, undue influence, abduction of Akamba’s agents and defacement of campaign posters, citing insufficient evidence linking the alleged perpetrators to Azalwa.
Justice Rubagumya emphasised that election petitions must be decided on cogent evidence rather than suspicion, adding that the petitioner bears the burden of proving allegations to the satisfaction of the court.
Although both respondents, Azalwa and the Electoral Commission, succeeded in having the petition dismissed, the judge awarded costs to Azalwa alone.
She declined to award costs to the Electoral Commission, noting that the commission had a statutory duty to ensure elections were conducted in a free and safe environment, yet violence and chaos had occurred at Budongo (A-I) polling station.
The ruling was dated November 10, 2026.
At Iganga High Court, the decision was met with jubilation from Azalwa and his supporters, while some of Akamba’s supporters were visibly disappointed, with a few breaking down in tears.
Police had deployed heavily around the court premises to prevent clashes between supporters of the rival candidates.
One of Azalwa’s supporters, Alihi Nswadi, a resident of Budani, urged Akamba to abandon his quest for the Busiki County parliamentary seat.
“We have beaten him hands down, and I advise Akamba to go and start farming,” Nswadi said amid cheers from fellow supporters.
Speaking to journalists after the ruling, Azalwa thanked God and the court, saying the decision had reaffirmed his victory.
“I am happy that God has given me another victory. I thank the court for sticking to the truth,” he said.
Akamba was not present at court and was unavailable for comment. It was not immediately clear whether he intended to appeal against the ruling.