The Court of Appeal in Kampala has dismissed the appeal filed by Forum for Democratic Change party (FDC) Julius Galisonga against the eventual MP Abdu Katuntu Bugweri County Parliamentary victory.
Galisongas appeal was dismissed on Thursday by a panel of three Court of Appeal Justices comprised of Cheborion Barishaki, Hellen Obura and Christopher Izama Madrama on grounds that he has failed to prove the alleged noncompliance with electoral laws and any commission of electoral offences by his political rival Katuntu.
According to the judges, there is no evidence that Katuntu donated tents to the voters to induce them to vote for him, committed acts of violence, intimidation and defacement of Galisongas campaigning posters as the appeal had stated.
Galisonga was one of the candidates who contested for Bugweri County parliamentary race in January 14th 2021 where Katuntu emerged a winner with 17, 813 votes against Forum for Democratic Changes Galisongas 9, 074 votes.
However Galisonga was dissatisfied with the results and petitioned Jinja High Court accusing Katuntu of allegedly orchestrating electoral irregularities, which affected the outcome of the Bugweri county parliamentary poll results.
He accused Katuntu of conniving with the Electoral Commission to frustrate rightful procedures of fairness during the execution of various activities throughout the election cycle.
But Justice Susan Abinyo ruled that Galisonga lacked sufficient evidence to pin Katuntu over the allegations he had levied against him and that although there was violence in the election process, it did not affect the final results substantially and dismissed Galisongas petition with costs and upheld the victory of Katuntu as the duly elected Bugweri County MP.
This forced Galisonga to challenge Abinyos judgement raising nine grounds in the Court of Appeal and argued that the learned trial Judge erred in law and fact when she found that there were illegal acts of violence and interference with his electioneering activities, but that the said offences did not affect the results of the election in a substantial manner.
Its against this background that the Court of Appeal has agreed with the lower Court decision that Galisonga didnt have sufficient evidence to prove his allegations and consequently upheld Katuntus victory and each party will bear its own costs.