Bagala tells Minister to ‘sit down and be humble’ as she beats Nabakooba again

Former NBS television journalist, Joyce Bagala has been announced by the Court of Appeal as the duly elected Woman Member of Parliament for Mityana district.
This, after overturning the high court judgment that had nullified her victory challenged by Minister Judith Nabakooba.
Joyce Bagala jubilating with her supporters outside court.

Shortly after the court ruling, Bagala said: “The case is closed, the battle has been won and now all left is to fully represent my people in Parliament.”
“I have beat her twice (during elections and in court) now I guess she’s contented that I am the one, not her. I think she has now agreed and understood that I defeated her.”
“I want to thank all Ugandans; my supporters -the people of Mityana, my party, and my lawyers for being present in this struggle from way back.”

Bagala  beat Lands Minister Nabakooba in the January 14 polls for the Mityana Woman MP position prompting the latter to challenge the election in court.

The High Court in Mubende last year ruled that there was voter bribery, multiple voting during the January 14 polls in Mityana committed by Bagala or her agents and consequently the non-compliance with the electoral laws saw the presiding judge order for a fresh election after throwing Bagala out of parliament.

Bagala challenged the same in the Court of Appeal which on Friday morning made a judgement .

In the judgment, a panel of three justices including Geoffrey Kiryabwire, Stephen Musota and Christopher Gashirabake reasoned with Bagala and Electoral Commission’s lawyers that the lower court was wrong to throw her out and order a fresh election.

“Both the quantitative and qualitative tests should have been applied in filing of the non-compliance with electoral laws by Nabakooba. The claimant however didn’t show how the non-compliance would have changed the outcome of the election results,” the justices ruled.

The three justices said that the onus to prove the effect of the said non-compliance on the outcome of the election lay on Nabakooba’s side but noted this was not done.

“The main appeal(by Bagala) is upheld and the decision of the trial court annulling the election of the appellant as Woman Member of Parliament for Mityana District is set aside.”

The court also condemned Nabakooba to costs as Joyce Bagala was confirmed as Mityana Woman MP.

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