Wakilii

Bbosa and Others v Uganda Peoples Congress and Another (Misc. Cause No. 00086 of 2015)

High Court · [2015] UGHC 34 · 2015 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for judicial review challenging the declaration of a party president-elect and subsequent election of party president
Decision
Application granted; declaration of President-elect and subsequent election quashed; party directed to comply with its constitution and prior court decision

The full judgment

Read the complete, verbatim text of this judgment.

Sign in to read the full judgment

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions — always read the source judgment before relying on it.

Holding

The court held that the UPC Electoral Commission had no constitutional power to declare a position of President-elect, and that the subsequent election of Hon. James Michael Akena as party president by the Delegates' Conference on 1st July 2015 violated multiple provisions of the UPC Constitution. The declaration of President-elect and the election were both quashed as illegal, void, and of no legal consequence. The court found that the Delegates' Conference was improperly convened without the required one-month notice, was called by a President-elect who had no constitutional authority to do so, and was not given proper notice that it would elect a party president.

Facts

On 1st June 2015, the UPC Electoral Commission declared Hon. James Michael Akena as President-elect of Uganda Peoples' Congress. The applicants challenged this as unconstitutional. Subsequently, on 1st July 2015, a consultative meeting of delegates at Lugogo constituted itself into a Delegates' Conference and elected Akena as party president. The consultative meeting was called by Akena as President-elect in response to a petition by a single party member invoking Articles 5.2(3) and 2.6(8) of the UPC Constitution. The notice for the meeting, dated 25th June 2015, gave only six days' notice and listed three agenda items relating to postponement of the planned Delegates' Conference, participation in national elections, and party funds. The notice did not indicate that the meeting would elect a party president. The UPC Constitution requires district conferences to nominate presidential candidates by majority vote, and the Delegates' Conference to elect the president from candidates approved by at least one-third of district conferences. The constitution requires the party president to call Delegates' Conferences with one month's written notice stating the agenda, or for special meetings to be requisitioned by half the delegates stating precisely the matters to be discussed.

Issues

  1. Whether Hon. James Michael Akena was lawfully declared President-elect of the 1st respondent by the 2nd respondent.
  2. Whether Hon. James Michael Akena was lawfully elected party President of UPC by the Delegates' Conference held on 1st July 2015.
  3. Whether the names of Professor Edward Kakonge and Ishea Amizza should be struck out as applicants for failure to swear affidavits.
  4. Whether the cause of action was amenable to judicial review.
  5. Whether affidavits filed by Olara Otunu and John Androa Buza were improperly smuggled into court.

Orders

  • The decision of the UPC Party Electoral Commission that declared Hon. James Michael Akena President-Elect of UPC is illegal and is quashed by issuance of an order of certiorari.
  • It is declared that the decision of the 2nd respondent that declared Hon. James Michael Akena President-Elect is null and void for violating the UPC Constitution.
  • The election of Hon. James Michael Akena as President of UPC by the Delegates' Conference is declared illegal, void, and of no legal consequence for violating the UPC Constitution.
  • Uganda Peoples' Congress Party is directed to act in conformity with the decision in Miscellaneous Cause No. 36 of 2015 (Hon. Betty Among & Hon Ebil Fred v Olara Otunu & 2 Others) relating to UPC Party Presidency and elections.
  • The names of Professor Edward Kakonge and Otto Ishea Amizza are struck out as applicants.
  • Each party to bear its own costs.

Key headnotes

Judicial Review — Constitutional Right — Article 42 of the Constitution
The right to apply for judicial review remedies in Uganda is a constitutional right by virtue of Article 42 of the Constitution of Uganda, and by virtue of Article 44 of the Constitution, that right cannot be derogated.
Judicial Review — Scope and Purpose — Decision-Making Process
Judicial review is not concerned with private rights or the merits of a decision, but deals with the propriety or impropriety of the decision-making process only. Its purpose is to ensure that an individual is given fair treatment by the authority to which he or she is subjected.
Judicial Review — Grounds — Illegality, Irrationality, Procedural Impropriety
The common grounds upon which a grievance for judicial review is based are illegality, irrationality, and procedural impropriety. A decision is illegal when the decision-making authority commits an error of law in the process of making the act or taking the decision, acts without jurisdiction, or acts contrary to the provision of law.
Political Parties — Internal Democracy — Constitutional Compliance
Section 10(1) of the Political Parties Organisation Act requires that all political parties be democratic, and Article 71(1)(c) of the Constitution of Uganda provides that the internal organization of political parties shall conform to the democratic principles enshrined in the Constitution. Political party constitutions bind the party and its members in the same way that memorandum and articles of association bind a company and its members, creating a statutory contract.
Political Parties — Party Elections — Procedural Requirements
Where a political party constitution requires the party president to call a Delegates' Conference with one month's written notice stating the agenda, and requires special meetings to be requisitioned by half the delegates stating precisely the matters to be discussed, failure to comply with these procedural requirements renders the meeting and any decisions taken thereat illegal and void.
Political Parties — Ultra Vires Acts — Electoral Commission Powers
Where a political party constitution vests the power to elect the party president exclusively in the Delegates' Conference and makes no provision for an electoral commission to declare a President-elect, any such declaration by the electoral commission is ultra vires, illegal, and of no legal effect.
Judicial Review — Remedies — Limitations on Substantive Orders
In judicial review, the court cannot go beyond questioning the procedure of the decision-making process to award substantive orders such as orders for possession of property. Such orders can only be made in a suit taken by way of plaint or other appropriate procedure, not by judicial review.

Legislation cited (35)

  • Constitution of Uganda 1995 Article 42
  • Constitution of Uganda 1995 Article 44
  • Constitution of Uganda 1995 Article 71(1)(c)
  • Constitution of Uganda 1995 Article 71(1)(d)
  • Constitution of Uganda 1995 Article 72(2)
  • Constitution of Uganda 1995 Article 73
  • Judicature Act Cap. 13 s.33
  • Judicature Act Cap. 13 s.36
  • Civil Procedure Act s.98
  • Political Parties Organisation Act 2005 s.10
  • Political Parties Organisation Act 2005 s.10(1)
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 3
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 6
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 6(2)
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 6(5)
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 6(6)
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 7
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 7(1)
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 7(2)
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 7(3)
  • Judicature (Judicial Review) Rules SI 11 of 2009 Rule 7(4)
  • UPC Constitution Article 11(2)
  • UPC Constitution Article 11(2)(6)
  • UPC Constitution Article 11(3)(5)
  • UPC Constitution Article 13(1)
  • UPC Constitution Article 13(2)
  • UPC Constitution Article 13(2)(5)
  • UPC Constitution Article 13(3)
  • UPC Constitution Article 13(3)(1)
  • UPC Constitution Article 13(3)(2)
  • UPC Constitution Article 13(3)(4)
  • UPC Constitution Article 13(4)
  • UPC Constitution Article 14(1)(3)
  • UPC Constitution Article 5(2)(3)
  • UPC Constitution Article 2(6)(8)

Cases cited (6)

  • Mugabi Edward v Kampala District Land Board and Wilson Kashaya (Misc. Cause No. 018 of 2012)
  • Father Francis Bahikirwa Muntu and 15 Others v Kyambogo University (Misc. Cause No. 643)
  • Charles Kabagambe v Uganda Electricity Board (Misc. Application No. 28 of 1999)
  • Republic against Secretary of State for Education & Science, Ex-parte Avon County (1991) All England at page 282
  • John Jet Tumwebaze v Makerere University Council (Civil Application No. 78 of 2005)
  • Hon. Betty Among and Hon Ebil Fred v Olara Otunu and 2 Others (Misc. Cause No. 36 of 2015)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.