Kampala, Uganda | THE INDEPENDENT | Edgar Lubadde, a candidate who came last in the Busiro County North parliamentary race has asked the court to declare him the winner of the January 14 election.
Lubadde who scored only 199 votes challenged the election of the eventual winner Paul Nsubuga who scored 21,401 votes. But according to Lubadde, Nsubuga did not have the requisite academic qualifications to contest as a Member of Parliament as required by law, at the time of his nomination.
The law requires that all persons contesting for a parliamentary seat should be in possession of an A’’level certificate or its equivalent. However, Lubadde says that in the absence of the qualification, Nsubuga presented to the Electoral Commission academic documents that did not belong to him, but to another person.
He recalls that although he contested as Nsubuga, his real name is Peter Mukalazi and his traceable academic journey ended at Primary Leaving Examinations-PLE. He adds that thereafter Mukalazi fraudulently usurped a UPDF scholarship solely meant for the sons and daughters of Army personnel. And in order to achieve this, he had to change his name from Mukalazi Peter to Paul Nsubuga and the name of his father who was never a UPDF soldier.
“The 1st respondent’s real name is Mukalazi Peter, a son of the late Kibuuka Mathias and Nabawanuka Agnes of Kakooge village, Ssentema parish, Kakiri sub-county Wakiso district. The 1st Respondent’s highest level of academic qualification is Primary Leaving Examination results [PLE] which he obtained from Bukerere St Charles Lwanga Primary School Code No 22/018 as Mukalazi Peter,” the petition reads in part.
According to documents filed in court in support of the petition, Nsubuga was born on June 26, 1988, and was baptized on July 24, 1988, at Naddangira Catholic Parish located in Kakiri Wakiso district as Mukalazi Peter. Lubadde attests that Mukalazi later, under mysterious circumstances, took on the name of his uncle Nsubuga Paul who was born on October 19, 1985, to Musoke Joseph and Lunkuse Specioza.
The original owner of the name was baptized on October 1, 1986, from the same church as the MP-elect. While he was applying for a national identity card with the National Identification and Registration Authority-NIRA, Nsubuga, gave information that is different from what is stated in his baptism card which was also attached as evidence. Instead of June 26 1988, he said he was born on November 12, 1989, and that his father was Mbabali Charise, not Matayo Kibuuka.
Based on those inconsistencies, Lubadde asked the Court to annul Nsubuga’s election and instead, declare him as the winner of the parliamentary election for Busiro North constituency. “In the alternative but without prejudice to the foregoing, a fresh election is conducted in the said constituency,” the petition reads in part.
There were five people who contested for the Busiro North parliamentary seat which had previously been represented by the former vice president Prof. Gilbert Balibaseka Bukenya. The contestants included the incumbent MP and Minister for Luwero Triangle, Denis Ssozi Galabuzi who came second with 16,136 votes, Hussein Kasta[independent] who scored 893 votes, Ahamed Bukenya Kaggwa [independent] who scored 767 votes and Nantongo Bashira [FDC] who scored 249 votes.
On February 9, through his lawyers of Tayebwa, Sserwadda and Co. Advocates Lubadde wrote to the Criminal Investigation Department of police requesting them to investigate how the MP-elect changed his name from Mukalazi Peter to Nsubuga Paul.
According to a report prepared by a detective, Assistant Inspector of Police, Wetaaka Peter and examined by detective Senior Superintendent of Police, Mugumya Henry, the acting head of the Electoral and Political Crimes Unit, it was established that…Nsubuga Paul, the MP-elect for Busiro North was born to Matayo Kibuuka and Nabawanuka Agnes residents of Kakooge village and baptized by Fr. Senoga as Mukalazi Peter on July 24, 1988.
He went to Law and Joy Primary school where he studied primary school. He then sat for PLE at St Charles Lwanga Primary School since Law and Joy did not have an Examination Centre. He later went to Nakasongola Army Secondary School using the name Nsubuga Paul for his O-level in 2007 under index number U0771/147. Thereafter he went to Mbarara Army Boarding SS and sat for his UACE in 2009 under index no U1941/521.
From this investigation, it was established that the real Nsubuga Paul is a resident of Kakooge Village, Ssentema Parish, Kakiri Sub-county in Wakiso district. He also made a statement before the police and confirmed that he is a son to the late Musoke Joseph and Specioza Lunkuse, a resident of Ganda Kyebando.
Nsubuga Paul confirmed that he knows Mukalazi Peter as a son to his late brother Matayo Kibuuka and Nabawanuka Agnes. “He confirmed that Mukalazi was a bright child but lacked school fees. Therefore, on that ground, he was helped by Mbabali Charles, a then UPDF soldier, to adopt him as one of his children to benefit from a UPDF bursary as a son of a fallen soldier,” the police report adds.
The MP-elect, who was recently arrested and charged on allegations of stealing a mobile phone, is yet to file his defence to the election petition. The court has also not set a date on which to start hearing the case.