Amoru Paul & Another v Okello-Okello John Baptist (Election Petition Appeal No. 39 & 95 of 2016)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court of Appeal allowed the consolidated election appeals, holding that irregularities relied upon by the trial judge did not affect the Dokolo North parliamentary election result in a substantial manner. Excluded results from one station affected only 16 votes; unaccounted-for ballot papers were attributable to human recording error benefiting neither candidate; failure to seal DR Form annextures was a mere technicality to be disregarded under Article 126(2)(e); the trial judge wrongly relied on unsigned DR forms while rejecting signed certified ones; the invalidation complaint lacked cogent evidence; and the bribery allegation was uncorroborated by independent evidence. The election of the 1st appellant was upheld.

Outcome

Appeal allowed; High Court judgment set aside; 1st appellant declared validly elected Member of Parliament for Dokolo North Constituency

Facts

In the 18 February 2016 parliamentary general election, the 1st appellant Amoru Paul and the respondent Okello-Okello John Baptist were the only candidates for Member of Parliament for Dokolo North Constituency. Amoru Paul won by a margin of 464 votes and was declared and gazetted by the Electoral Commission (2nd appellant). The respondent petitioned the High Court at Lira alleging noncompliance with electoral laws affecting the result in a substantial manner, and election offences by the 1st appellant. On 8 July 2016 the trial judge nullified the election, faulting the exclusion of Amonirocho polling station results, unaccounted-for ballot papers at Awero Wot and Alenga Catholic Church stations, reliance on unsealed or unsigned declaration of results forms, invalidation of 1,617 votes, and bribery through donation of 15 bags of cement at Apeti Catholic Church. The two appellants appealed separately; the appeals were consolidated as they arose from the same election and raised similar grounds.

Issues

1. Whether the exclusion of results from Amonirocho polling station was unlawful and affected the election result in a substantial manner.
2. Whether unaccounted-for unused ballot papers at Awero Wot and Alenga Catholic Church polling stations affected the election result in a substantial manner.
3. Whether the trial judge erred in rejecting declaration of results forms adduced by the returning officer because their annextures were not sealed by a commissioner for oaths.
4. Whether the trial judge erred in relying on unsigned declaration of results forms adduced by the respondent.
5. Whether the invalidation of 1,617 votes was unlawful and affected the election result in a substantial manner.
6. Whether the 1st appellant personally committed the illegal practice of bribery.

Orders

• The decision and orders of the trial Judge are hereby set aside.
• The 1st appellant is the validly elected Member of Parliament for Dokolo North Constituency, Dokolo district.
• The respondent shall bear the costs of the Appeal and those at the lower Court.

Rules and key headnotes

Legislation cited (19)

• Parliamentary Elections Act 2005 s.27
• Parliamentary Elections Act 2005 s.47(3)
• Parliamentary Elections Act 2005 s.47(5)
• Parliamentary Elections Act 2005 s.48
• Parliamentary Elections Act 2005 s.49
• Parliamentary Elections Act 2005 s.50(1)
• Parliamentary Elections Act 2005 s.50(2)
• Parliamentary Elections Act 2005 s.53
• Parliamentary Elections Act 2005 s.54
• Parliamentary Elections Act 2005 s.68(1)
• Constitution of Uganda 1995 art.61
• Constitution of Uganda 1995 art.68(2)
• Constitution of Uganda 1995 art.68(4)
• Constitution of Uganda 1995 art.126(2)(e)
• Evidence Act s.65
• Evidence Act s.73
• Evidence Act s.133
• Commissioners for Oaths Rules rule 8
• Rules of the Court of Appeal rule 30

Cases cited (14)

• Selle and another V. Associated Motor Boat Company Ltd and another (1968) EA 123
• Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
• Oboth Marksons Jacob v Otiam Otaala Emmanuel (Election Petition Appeal No. 38 of 2011)
• Kakooza John Baptist v Electoral Commission and Another (Election Petition Appeal No. 11 of 2007)
• Masiko Winfred Komuhangi v Babihuga J. Winnie (Election Petition Appeal No. 9 of 2002)
• Joy Kabatsi v Hanifa Kawooya (Election Petition Appeal No. 25 of 2007)
• Egypt Air Corporation v Suffish International Food Processors Ltd and Another (Civil Application No. 14 of 2000)
• Besigye Kizza v Museveni Yoweri Kaguta and Electoral Commission (Presidential Election Petition No. 1 of 2006)
• Ngoma Ngime v Electoral Commission and Winnie Byanyima (Election Petition Appeal No. 11 of 2002)
• Joy Kafura Kabatsi v Hanifa Kawooya (Election Appeal No. 25 of 2011)
• Besigye Kizza v Museveni Yoweri Kaguta and Another (Election Petition No. 1 of 2001)
• Bakaluba Peter Mukasa v Nambooze Betty Bakireke (Election Petition Appeal No. 4 of 2009)
• Kamba Saleh Moses v Namuyangu Jennifer (Election Petition Appeal No. 27 of 2011)
• Wadada Rogers v Sasaga Isaiah Jonny and Electoral Commission (Election Petition No. 31 of 2011)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Tumwesigye v Museveni and Another (Election Petition No. 3 of 2021)

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