Wakilii

Akongot v Electoral Commission Another (ELECTION PETITION NO 14 OF 2020)

High Court · [2020] UGHCCD 219 · 2020 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal by way of petition from Electoral Commission decision to denominate petitioner as parliamentary candidate
Decision
Petition dismissed as remedies sought were not tenable following declaration and gazettement of winner

Observed later treatment

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Holding

The court held that once the Electoral Commission declares and gazetted a winner, remedies challenging nomination decisions are no longer tenable in an appeal from the Commission's decision. The proper procedure is to file an election petition under sections 60-68 of the Parliamentary Elections Act challenging whether the declared winner was validly elected. The petition was dismissed as the remedies sought were no longer available after gazettement of the winner.

Outcome

Petition dismissed as remedies sought were not tenable following declaration and gazettement of winner

Facts

The petitioner challenged the Electoral Commission's decision denominating her as a candidate for Bukedea Woman Member of Parliament. The decision arose from a complaint by the 2nd respondent alleging that the petitioner had not verified her academic papers with UNEB, that UNEB had no records of her papers, and that a proposer's signature on her nomination papers was forged. While the proceedings were pending, the Electoral Commission declared and gazetted Hon. Among Anita Annet as the unopposed winner for the seat. The petitioner filed this appeal by way of petition on 9 November 2020, seven days after the decision of 26 October 2020 was communicated.

Issues

  1. Whether the petition is competently before this court?
  2. Whether the 1st respondent had jurisdiction to entertain the matter?
  3. Whether the denomination of the petitioner was lawful?
  4. Whether the Orders sought under the petition are tenable?
  5. What remedies are available?

Orders

  • Petition dismissed.
  • No order as to costs.

Rules and key headnotes

Electoral Law — Electoral Commission Jurisdiction — Constitutional Mandate vs Statutory Procedures
The Electoral Commission derives its jurisdiction to handle electoral complaints directly from Article 61(f) of the Constitution, which mandates it to hear and determine election complaints arising before and during polling. This constitutional jurisdiction cannot be removed by an Act of Parliament. While statutes may vest the Returning Officer with original jurisdiction to handle complaints, this does not divest the Commission of its constitutional mandate to handle electoral complaints.
Electoral Law — Remedies — Stages of Electoral Process — Nomination vs Declaration
Electoral laws give distinct remedies at every stage of the electoral process. Once the Electoral Commission completes one segment of the electoral process by declaring and gazetting a winner, the available remedy changes. The remedy of appeal challenging a nomination decision is only available before gazettement. After gazettement, the proper procedure is to file an election petition under sections 60-68 of the Parliamentary Elections Act contending that the declared winner was not validly elected.
Electoral Law — Election Petitions — Status of Candidates — Terminology Change
A person who has been declared the winner of an election is no longer a 'candidate' but becomes a 'person of whose election a complaint is made in a petition'. Once a candidate is declared a Member of Parliament, the question is whether the said Member of Parliament has been validly elected, and this question can only be determined upon a petition presented under section 61 to 68 of the Parliamentary Elections Act, not in an appeal from the Electoral Commission's nomination decisions.
Electoral Law — Natural Justice — Necessary Parties — Declared Winner
A court hearing an appeal from the Electoral Commission's nomination decision cannot grant an order that would nullify the election of a declared and gazetted candidate where that candidate is not a party to the proceedings. To do so would violate the rules of natural justice by condemning someone unheard, contrary to Articles 28(1) and 44(c) of the Constitution.
Electoral Law — Special Statutory Jurisdiction — Inherent Powers — Limitations
Elections are governed by special legislation that confers special jurisdiction which must always be exercised in accordance with the statute creating it. A court cannot invoke its inherent powers to grant remedies not provided for under the electoral laws, nor can it resort to common law or equity concepts outside the legislation unless those concepts are statutorily embodied. The court cannot legislate law; it can only enforce law that exists.

Legislation cited (14)

Cases cited (3)

  • Turyatemba v Attorney General (Constitutional Petition No. 15 of 2006)
  • Byanyima v Ngoma Ngime (HCCR No. 9 of 2009)
  • Kafeero Ssekitoleko Robert v Mugambe Joseph Kifomusana & Electoral Commission (HC-EP No. 006 of 2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Akongot v Electoral Commission Another (ELECTION PETITION NO 14 OF 2020) 2020 UGHCCD 219 (1 December 2020)
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.