Byabakama asks court to dismiss case challenging Museveni re-election

The Chairperson of the Electoral Commission (EC), Justice Simon Byabakama, has asked the Supreme Court to dismiss a petition challenging the re-election of President Yoweri Museveni, maintaining that the January 15 presidential election was conducted in line with the Constitution and all applicable electoral laws.

In an affidavit filed yesterday, Justice Byabakama urged the court to strike out with costs the petition lodged by former presidential candidate Robert Kasibante, who is seeking the annulment of President Museveni’s victory. He contends that the matters raised fall outside the court’s jurisdiction and are improperly pleaded.

“…I know that the petition in its entirety offends the rules of pleadings and should be struck out,” Justice Byabakama states in his sworn response. He adds that the election complied with the Constitution, the Presidential Elections Act, the Electoral Commission Act and other relevant laws, and that any alleged non-compliance did not substantially affect the final result.

Mr Kasibante, who finished sixth in the race, filed his petition on January 17, alleging that the entire electoral process—from voter registration to tallying and declaration of results—was riddled with widespread illegalities and gross violations of electoral laws.

A major ground of the petition concerns the use of Biometric Voter Verification Kits (BVVKs), which the petitioner claims failed massively on polling day, were deployed without an adequate legal framework, and were unreliable and never subjected to an independent audit. BVVK failures were reported at thousands of polling stations across the country, delaying the start of voting in some areas. Voting, initially scheduled from 7am to 4pm, was extended by at least an hour in affected areas, and the EC authorised a fallback to manual identification using the National Voters’ Register.

Highly placed sources attributed the failures to a nationwide internet shutdown that disrupted connectivity for the biometric devices. In his defence, filed through Mwesigwa Rukutana & Co Advocates, Justice Byabakama acknowledges that technical challenges occurred but insists the Commission acted promptly and lawfully.

“I know that on January 15, the 2nd Respondent (Electoral Commission) received reports that voting had not commenced at some polling stations across the country due to technical challenges affecting the BVVKs,” the affidavit reads. “The Commission met and decided to authorise the use of the National Voters’ Register for voter identification.”

Justice Byabakama also defends the legality of biometric verification, citing the Electoral Commission (Adoption and Manner of Use of Biometric Voter Verification System) Regulations, 2025 (SI No. 98 of 2025), issued by the Minister of Justice. He says the system was introduced to enhance the integrity of the electoral process by strengthening voter identification and preventing multiple voting.

On allegations of irregular tallying and the existence of multiple tally centres, the EC chairperson dismisses the claims, insisting there was only one National Tally Centre. He says the centre was accessible to accredited observers and party agents, who independently verified results using computers and public display screens.

Mr Kasibante also accuses security agencies of brutality and violence against opposition supporters, particularly those aligned to National Unity Platform (NUP) leader Robert Kyagulanyi, alias Bobi Wine. He alleges that the Uganda People’s Defence Forces (UPDF) and the police disrupted opposition rallies, assaulted candidates and unlawfully ordered voters to leave polling stations immediately after casting their ballots.

Among the incidents cited is violence in Gulu City, where NUP supporters were reportedly beaten during confrontations with security personnel. Justice Byabakama says the EC received reports about some of the incidents and that investigations are ongoing. He adds that police and other security agencies acted within their constitutional mandate to maintain law and order.

The petitioner further alleges widespread misuse of State resources to benefit President Museveni’s campaign, including government vehicles, security personnel, public institutions and State-owned media. In response, Justice Byabakama argues that a sitting president is legally entitled to continue using facilities ordinarily attached to the office.

The EC’s defence comes a day after President Museveni also filed his response, asking the Supreme Court to dismiss the petition. The Attorney General, who is the third respondent, is yet to file a defence.

The Supreme Court is racing against the constitutional deadline, which requires it to hear and determine a presidential election petition within 30 days of filing.