Mathias Nsubuga, the Democratic Party candidate, has been declared winner of the Bukoto South parliamentary by-election, after beating former minister Alintuma Nsambu and two others.
Nsubuga was declared winner shortly after 11 on Thursday night after polling majority of the votes in the by-election seen by many as a contest between Buganda Kingdom loyalists and the central government.
According to the official results declared by Gracious Aryaija, the Lwengo district returning officer, Nsubuga polled 11,854 votes against Nsambu’s 10,427 votes.
Independent candidate Dan Katula Mubiru got four votes while Julius Sssentamu of the Forum for Democratic Change—FDC managed only fifty nine votes.
Aryaija, therefore, declared Nsubuga the winner, regaining the seat he lost to businessman Muhammed Muyanja Mbabaali in February 2011.
Nsubuga successfully challenged Mbabaali’s victory in court, with the Court of Appeal ruling on May 16 this year that Mbabaali did not have the minimum academic qualifications to be a member of parliament. The appellate court upheld the September 2011 ruling by Masaka High Court judge Alphonse Owiny Dollo.
Justice Dollo had also cancelled Mbabaali’s academic qualifications including a degree from Nkumba University and a Diploma in Public Administration and Management from a Malaysian college. The judge also ordered for fresh elections in Bukoto South and ordered Mbabaali to meet Nsubuga’s court costs.
Mbabaali, however, appealed on grounds that Justice Owiny Dollo had based his ruling on hearsay. On December 21, 2011, three justices of the Court of Appeal including Constance Byamugisha, Augustine Nshimye and Stella Amoko Arach heard Mbabaali’s appeal and promised to deliver their ruling as soon as they were ready.
But before the appellate court delivered its verdict, Mbabaali tried to push for a retrial. On March 30, 2012, he petitioned the Chief Justice Benjamin Odoki claiming that the judgment had leaked and was circulating in his constituency. This forced the deputy Chief Justice, Alice Mpagi-Bahigeine, to order for a retrial before a new panel of judges.
This was, however, blocked by Justice Odoki, who ordered a quick delivery of judgment.
Nsubuga’s declaration as winner triggered celebrations from a number of DP officials led by party president Norbert Mao. The DP supporters sang Buganda Kingdom anthem and praised the Kabaka of Buganda. Several of the supporters dedicated Nsubuga’s victory to the Kabaka saying that it was by his will that Nsubuga won.
Denis Mukasa Mbidde, the DP legal advisor and member of the East African Legislative Assembly, said he is extremely overjoyed by Nsubuga’s victory.
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Mao said Nsubuga’s victory means a lot to Uganda and DP in general.
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Only Dan Katula, the independent candidate was present at the tally centre while the other three candidates never showed up.
Joy Walusimbi, Nsambu’s chief campaigner, told URN that his candidate would address a news conference on the poll results on Friday afternoon. He did not say any other thing before leaving the area.
Nsubuga’s campaigners presented their candidate as a Buganda loyalist with the supposed endorsement from the Kingdom. Most members of the Buganda Parliamentary Caucus, including those of NRM backed Nsubuga against Nsambu, a man accused of playing a role in the closure of the Kingdom radio, CBS, in September 2009. Nsambu was also accused of being disrespectful to the Kabaka of Buganda.
