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Amama Mbabazi v Yoweri Kaguta Museveni & Others (Presidential Election Petition 1 of 2016)

Supreme Court · [2016] UGSC 4 · 2016 Petition Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Presidential election petition to the Supreme Court challenging the validity of the election of the 1st Respondent as President
Decision
Petition unanimously dismissed; the 1st Respondent held to have been validly elected as President

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Holding

The Supreme Court unanimously dismissed Amama Mbabazi's petition challenging the 2016 presidential election, holding Yoweri Museveni validly elected. A presidential election petition is inquired into by way of trial, and the legal burden lies on the petitioner throughout to prove both noncompliance with electoral law and that it affected the result in a substantial manner. Noncompliance must be proved above the balance of probabilities but below beyond reasonable doubt; electoral offences beyond reasonable doubt. Although the Commission's late delivery of materials in Kampala and Wakiso showed incompetence and some agents were denied Declaration of Results Forms, the petitioner failed to prove any noncompliance substantially affected the result. No order as to costs.

Facts

The 2016 presidential election was held on 18 February 2016 among eight candidates. On 20 February 2016 the Electoral Commission declared Yoweri Museveni (1st Respondent) elected with 5,617,503 votes (60.75%); the petitioner Amama Mbabazi polled 132,574 (1.43%) and Kizza Besigye 3,270,290 (35.37%). Mbabazi petitioned the Supreme Court under Article 104 of the Constitution and Section 59 of the Presidential Elections Act, alleging the election was conducted in noncompliance with the Presidential Elections Act, the Electoral Commission Act and the Constitution, substantially affecting the result. His complaints against the Commission included illegal nomination of the 1st Respondent, illegal extension of the nomination deadline, failure to compile a national voters register, non-issue of voters' cards, unreliable biometric machines, late delivery of materials, ballot stuffing, multiple voting and denial of information to his agents. He alleged the 1st Respondent personally or through agents committed electoral offences including bribery, intimidation and misuse of government resources. The respondents denied the allegations. The petition was heard from 14 to 19 March 2016 on affidavit evidence, with the Commission's chairman cross-examined.

Issues

  1. Whether there was noncompliance with the provisions of the Presidential Elections Act and the Electoral Commission Act in the conduct of the 2016 presidential election.
  2. Whether the election was not conducted in accordance with the principles laid down in the Presidential Elections Act and the Electoral Commission Act.
  3. Whether, if either or both of the first two issues are answered affirmatively, such noncompliance affected the result of the election in a substantial manner.
  4. Whether the alleged illegal practices or electoral offences were committed by the 1st Respondent personally, or by his agents with his knowledge and consent or approval.
  5. Whether the Attorney General was correctly added as a respondent in the petition.
  6. Whether the Petitioner is entitled to any of the reliefs sought.

Orders

  • The petition is dismissed.
  • The 1st Respondent was validly elected as President in accordance with Article 104 of the Constitution and Section 59 of the Presidential Elections Act.
  • No order as to costs.

Key headnotes

Electoral Law — Presidential Election Petitions — Mode of Inquiry (Trial v Commission of Inquiry)
The Supreme Court inquires into a presidential election petition under Article 104 of the Constitution by way of a trial in which the parties adduce and prove evidence, not by way of a commission of inquiry; the Court nonetheless retains a discretion to call additional evidence where this would assist it in reaching a just decision.
Evidence — Burden of Proof — Election Petitions
In a presidential election petition the legal burden of proof rests on the petitioner throughout, requiring proof both of noncompliance with electoral law and that the noncompliance affected the result in a substantial manner; only once the petitioner adduces credible evidence does the evidential burden shift to the respondent.
Evidence — Standard of Proof — Election Petitions
Allegations of noncompliance with electoral law in a presidential election petition must be proved to a standard above the balance of probabilities but below beyond reasonable doubt, while allegations of electoral offences must be proved beyond reasonable doubt; the gravity of annulling a presidential election justifies this higher standard.
Electoral Law — Annulment — Substantial Effect on Result
Under Section 59(6) of the Presidential Elections Act a presidential election may only be annulled where the proved noncompliance is shown to have affected the result of the election in a substantial manner; proof of noncompliance alone, without substantial effect, is insufficient.
Electoral Law — Electoral Commission — Special Powers and Extension of Time
Section 50 of the Electoral Commission Act empowers the Commission, by reason of mistake, emergency or unforeseen circumstances, to extend the time for doing any act in the electoral process, including the nomination of candidates, subject only to its informing affected parties of the action taken.
Electoral Law — Voter Identification — National IDs and Biometric Verification
The issue of voters' cards under Section 26 of the Electoral Commission Act is discretionary, and the Commission's use of National Identity Cards together with a biometric voter verification system to identify voters does not constitute noncompliance with electoral law.
Electoral Law — Conduct of the Commission — Delivery of Polling Materials
The Commission's late delivery of polling materials to stations in Kampala and Wakiso districts constituted a failure to comply with its duty under Section 28 of the Presidential Elections Act and evidenced incompetence and gross inefficiency, but did not on the evidence affect the result of the election in a substantial manner.

Legislation cited (35)

  • Constitution of Uganda 1995 art.104
  • Constitution of Uganda 1995 art.103
  • Constitution of Uganda 1995 art.28
  • Constitution of Uganda 1995 art.44
  • Constitution of Uganda 1995 art.59
  • Constitution of Uganda 1995 art.61(1)(e)
  • Constitution of Uganda 1995 art.126
  • Presidential Elections Act 2005 s.58
  • Presidential Elections Act 2005 s.59
  • Presidential Elections Act 2005 s.59(6)
  • Presidential Elections Act 2005 s.60
  • Presidential Elections Act 2005 s.9
  • Presidential Elections Act 2005 s.10
  • Presidential Elections Act 2005 s.11
  • Presidential Elections Act 2005 s.28
  • Presidential Elections Act 2005 s.30
  • Presidential Elections Act 2005 s.32
  • Presidential Elections Act 2005 s.35
  • Presidential Elections Act 2005 s.48
  • Presidential Elections Act 2005 s.49
  • Electoral Commission Act 1997 s.12
  • Electoral Commission Act 1997 s.18
  • Electoral Commission Act 1997 s.26
  • Electoral Commission Act 1997 s.50
  • Evidence Act s.101
  • Evidence Act s.102
  • Evidence Act s.103
  • Civil Procedure Act s.100
  • Registration of Persons Act 2015 s.65(2)
  • Registration of Persons Act 2015 s.66(2)
  • Citizenship and Immigration Control Act Cap 66
  • Presidential Elections (Election Petitions) Rules 2001 r.10
  • Presidential Elections (Election Petitions) Rules 2001 r.11
  • Presidential Elections (Election Petitions) Rules 2001 r.14
  • Presidential Elections (Election Petitions) Rules 2001 r.15

Cases cited (17)

  • Kizza Besigye v Yoweri Museveni and Another (Presidential Election Petition No. 1 of 2006)
  • Kizza Besigye v Museveni Yoweri Kaguta and the Electoral Commission (Presidential Election Petition No. 1 of 2001)
  • Obiga Kania v Wadri Kassiano Ezati and Anor (Election Petition Appeal No. 3 of 2002)
  • Purno Agitok Sangma vs. Pranab Mukherjee Election Petition No.1 of 2012
  • Wavel John Charles Ramkalawan vs. the Electoral Commission and 2 Ors
  • In re B (Children) (FC) [2008] UKHL 35
  • Odinga vs. the Independent Electoral and Boundaries Commission and Others, 2013
  • Raila Odinga & 3 Ors vs. The Independent Electoral and Boundaries Commission & 3 Ors 2013
  • Akashambatwa Mbikusita Lewanika vs. Frederick Jacob Titus Chiluba, S.C.Z 8/EP/3/96
  • Smith v Thomas, 121 Cal. 533 (1898)
  • Wilburn v Wixson, 37 Cal. App. 3d 730 (Ct. App. 1974)
  • Stebbins v White, 190 Cal. App. 3d 769 (Ct. App. 1987)
  • Gonzales v Villarreal, 251 S.W.3d 763 (Tex. Ct. App. 2008)
  • Crawford v Marion County Election Board, 553 U.S. 181 (2008)
  • Nana Addo Dankwo Akufo Addo & 2 ors vs. John Dramani Mahama & 2 ors, 2013
  • Douglous R Cagas vs. The Commission on Elections & Claude P. Bautista G.R. No. 194139, 2012
  • H.Harry L. Roque, JR and others vs. Commission on Election, 2009
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