Wakilii

Bantalib Issa Taligola v Electoral Commission and Orone Derrick (Election Petition No. 10 of 2021)

High Court · [2021] UGHC 80 · 2021 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging results of parliamentary election for Gogonyo County, Pallisa District
Decision
Petition dismissed; 2nd respondent confirmed as validly elected Member of Parliament for Gogonyo County

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the petitioner failed to discharge the burden of proving non-compliance with electoral law or that any irregularities affected the election result in a substantial manner. Allegations of bribery, ballot stuffing, voter disenfranchisement, and intimidation were not supported by cogent evidence. Arithmetic errors in declaration forms did not establish that excess votes belonged to the petitioner or would have changed the outcome. The election was conducted in accordance with the law and the second respondent was validly elected.

Outcome

Petition dismissed; 2nd respondent confirmed as validly elected Member of Parliament for Gogonyo County

Facts

On 14 January 2021, parliamentary elections were held for Gogonyo County, Pallisa District. The 2nd respondent won with 6,280 votes while the petitioner came second with 6,214 votes, a margin of 66 votes. The 1st respondent declared the 2nd respondent winner and he was gazetted and sworn in. The petitioner challenged the result alleging non-compliance with electoral law, including: manipulation of results and excess votes in declaration forms; forced signing of declaration forms by agents; voter disenfranchisement through roadblocks; misleading of illiterate voters; pre-ticking of ballots; bribery; and canvassing at polling stations by the 2nd respondent with armed escorts. The petitioner's agents were present at polling stations and signed declaration forms without recording complaints. The 2nd respondent produced a certified copy of the Katukei Fellowship Church declaration form showing the petitioner scored 71 votes, not the 171 votes he claimed.

Issues

  1. Whether during the 14th January 2021 Parliamentary election for Gogonyo County constituency there was non-compliance and failure to conduct the election in accordance with the principles laid down in the provisions of the law relating to elections.
  2. Whether if the first issue is answered in the affirmative, such non-compliance and failure affected the result of the election in a substantial manner.
  3. Whether the 2nd respondent personally committed an illegal act or any other offence under the Act in connection with the said election or with his knowledge and consent or approval.
  4. What remedies are available to the parties?

Orders

  • The 1st respondent conducted a free and fair election for Gogonyo County constituency, Pallisa District.
  • The 2nd respondent was validly elected as Member of Parliament for Gogonyo County Constituency, Pallisa District.
  • The petitioner's petition is dismissed with costs to the respondents.

Rules and key headnotes

Burden and Standard of Proof — Election Petitions — Petitioner Must Prove Case on Balance of Probabilities
In an election petition challenging election results, the petitioner bears the burden to prove the allegations to the satisfaction of the court on a balance of probabilities.
Non-Compliance with Electoral Law — Substantial Effect Requirement — Not Per Se Ground for Nullification
Non-compliance with electoral law per se is not sufficient to overturn the outcome of an election. The non-compliance must be so significant as to substantially affect the results. The test may be both qualitative and quantitative.
Public Documents — Certification Requirement — Declaration of Results Forms as Public Documents
Declaration of results forms are public documents in the custody of the Electoral Commission. Under Section 75 of the Evidence Act, a party wishing to rely on public documents must have them certified. Without certification, such documents cannot prove the facts they seek to prove, unless the party gives notice to the party in possession of the original as provided in Section 64 of the Evidence Act.
Polling Agents — Signature on Declaration Forms — Presumption of Satisfaction with Process
A candidate is entitled to be present in person or through polling agents at each polling station throughout voting, counting, and ascertainment of results. Where polling agents are present, witness the tallying of votes, and sign declaration of results forms without recording complaints, the signed DR forms are proof that the agents are satisfied with what transpired. Agents who later claim they were forced to sign must produce cogent evidence to substantiate the claim.
Electoral Offences — Bribery — Elements and Standard of Proof
The offence of bribery under Section 68(1) of the Parliamentary Elections Act has three ingredients: (i) a gift was given to a voter; (ii) the gift must be given by a candidate or their agent; and (iii) it must be given with the intention of inducing the person to vote for a particular candidate. Bribery is a grave illegal practice requiring clear and unequivocal proof with a standard slightly higher than ordinary civil cases, though not proof beyond reasonable doubt. The court must subject each allegation to thorough scrutiny and be alive to the partisan nature of election petition witnesses.
Electoral Complaints — Failure to Record Complaints — Effect on Subsequent Challenges
Declaration of results forms contain space for agents to record complaints or reasons for refusing to sign. Where agents refuse to sign or fail to record reasons, the presiding officer must record the facts of the refusal. Where polling agents have not taken advantage of the complaint mechanism on election day, they are generally estopped from raising the complaints subsequently, though this is not a hard and fast rule.
Electoral Malpractice — Arithmetic Errors — Insufficiency Without Proof of Prejudice
Arithmetic errors or excess votes in declaration forms do not justify nullifying an election unless the petitioner proves that the irregularities were of such magnitude that they substantially and materially affected the outcome and that the excess or uncounted votes belonged to the petitioner. Speculation as to ownership of disputed votes is insufficient.

Legislation cited (15)

Cases cited (14)

  • Col (Rtd) Dr. Kiiza Besigye v Yoweri Kaguta Museveni & Electoral Commission (S.C. Election Petition No. 1 of 2001)
  • George Patrick Kasasa v Patrick Ngobi Gume & Electoral Commission (EPA No. 68 of 2016)
  • Kakooza John Baptist v Electoral Commission & Anthony Yiga (Supreme Court Election Petition Appeal No. 11 of 2007)
  • Amoru Paul & Electoral Commission v Okello John Baptist (Election Petition Appeals No. 39 and 95 of 2016)
  • Akuguzibwe Lawrence v Muhumuza David and Mulimira Barbara and Electoral Commission (Election Petition Appeal No. 22 of 2016)
  • Opendi Achieng Sarah v Electoral Commission & Ayo Jacinta (Election Petition No. 59 of 2016)
  • Adoa Hellen and Electoral Commission v Alaso Alice (Election Petition Appeal No. 57 and 54 of 2006)
  • Achieng Sarah Opendi & Anor v Ochwo Nyakecho (EPA No. 39 of 2011)
  • Yorakamu Katwiremu Bategana v E.D Mushemeza & Ors (Election Petition No. 1 of 1996)
  • Musinguzi Garuga James versus Amama Mbabazi & Anor
  • Apolot Stella Isodo v Amongin Jacquiline (Election Petition Appeal No. 60 of 2016)
  • Aisha Kabanda v Mirembe Lydia Daphne, Electoral Commission and Returning Officer (EPA No. 90 of 2016)
  • Kabuusu Moses Wagabo v Lwanga Timothy Mutekanga & Electoral Commission (Election Petition No. 15 of 2011)
  • Makula International Ltd v His Eminence Cardinal Nsubuga (Civil Appeal No. 4 of 1981)

Full judgment

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

Bantalib Issa Taligola v Electoral Commission and Orone Derrick (Election Petition No. 10 of 2021) [2021] UGHC 80 (12 October 2021)
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.