Wakilii

Fred Badda and Electoral Commission v Professor Muyanda Mutebi (Election Petition Appeal No. 25 of 2006)

Court of Appeal · [2007] UGCA 92 · 2007 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from High Court decision nullifying a parliamentary election
Decision
Appeal dismissed; nullification of the election and order for fresh elections upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed the appeal against the nullification of the election. Although some of the trial court's findings (concerning added ballots, the Stella Dambya agency, and defamatory statements) were not proved to the standard required in election petitions, which is a balance of probabilities slightly higher than in ordinary civil cases, the court upheld findings of bribery. The gift of a cow to a football club after supporters threatened not to vote, and monetary bribes at Lutoboka and Bidco to registered voters, together with proven multiple voting, established illegal practices and non-compliance that substantially affected the results, justifying annulment under section 61(1)(c) of the Parliamentary Elections Act.

Outcome

Appeal dismissed; nullification of the election and order for fresh elections upheld

Facts

During the February 2006 parliamentary elections for Bujumba county, Kalangala District, Fred Badda (first appellant) was declared winner with 3,316 votes against the respondent Professor Muyanda Mutebi's 3,292 votes. A mandatory recount confirmed Badda's win by 24 votes. Dissatisfied, the respondent petitioned the High Court, joining the Electoral Commission, alleging non-compliance with electoral laws and commission of electoral offences and illegal practices. The High Court found bribery and irregularities, annulled Badda's election, declared the seat vacant, ordered fresh elections and costs against both appellants. Evidence concerned alleged addition of fraudulent ballots by Returning Officer Dr. Mukalazi, gift of a cow to a football club during the campaign period, monetary bribes at Lutoboka and Bidco, alleged defamatory statements, and multiple voting by non-registered persons. The appellants appealed on fifteen grounds relating to evaluation of affidavit evidence and trial procedure.

Issues

  1. Whether the trial judge erred in allowing witnesses to give oral evidence in chief on their affidavits contrary to the Election Petition Rules.
  2. Whether the alleged addition of fraudulent ballots by the Returning Officer was proved to the required standard.
  3. Whether the gift of a cow to a football club during the campaign period constituted bribery under the Parliamentary Elections Act.
  4. Whether the first appellant bribed voters at Lutoboka and Bidco with money.
  5. Whether alleged defamatory statements against the respondent affected voters and amounted to an illegal practice under section 73.
  6. Whether there was non-compliance with electoral laws that substantially affected the election results warranting nullification.

Orders

  • Appeal dismissed.
  • Costs to be borne by both the first and second appellants.

Rules and key headnotes

Election Petitions — Standard of Proof — Balance of Probabilities Slightly Higher Than Ordinary Civil Cases
In an election petition the standard of proof, though on a balance of probabilities, is slightly higher than in ordinary civil cases, and the facts must be proved to the satisfaction of the court owing to the public importance of elections.
Illegal Practices — Bribery — Gift of Cow During Campaign Period
Providing a gift such as a cow to registered voters during the campaign period, in circumstances calculated to influence their vote, constitutes the offence of bribery under section 68 of the Parliamentary Elections Act, and one proven act of bribery is sufficient to annul an election under section 61(1)(c).
Illegal Practices — False Statements — Requirement to Prove Effect on Voters
To establish an illegal practice of making false statements about a candidate's character under section 73, the petitioner must show not merely that the statements were untrue but that they affected voters by swaying them away from the candidate.
Burden of Proof — Proof of Existence of Facts Asserted
Under section 101 of the Evidence Act, a party asserting that a fact exists, such as fraudulently added ballots, bears the burden of proving that fact, including its identifying details, where the means of proof were readily available.
Election Petition Trials — Affidavit Evidence — Impropriety of Oral Evidence in Chief
Rule 15 of the Parliamentary Elections (Election Petitions) Rules mandatorily requires evidence to be by affidavit, and a deponent may only be cross-examined; allowing oral evidence in chief is irregular, but such irregularity does not vitiate proceedings where it causes no injustice.
Affidavits — Defective Affidavits — Judicial Discretion to Act on Irregular Affidavits
Under article 126 of the Constitution, courts administer substantive justice without undue regard to technicalities, and a judge has discretion to act upon an affidavit that is merely irregular or defective in some respect rather than reject it as a nullity.
Non-Compliance — Substantial Effect on Results
Non-compliance substantially affects an election result where the votes obtained would have been different in a substantial manner such that the winning majority would be reduced so as to put the victory in doubt.

Legislation cited (11)

Cases cited (6)

  • Zola V Ralli Bros Ltd (1969) EACA
  • Besigye v Museveni (Presidential Election Petition No. 1 of 2001)
  • Baxter V Baxter (1950) 2 ACCER 458
  • Karokora v Kagonyera (Election Petition Appeal No. 5 of 2002)
  • Masiko v Babihuga (Election Petition Appeal No. 9 of 2002)
  • Mukasa v Bayiga (Election Petition Appeal No. 14 of 2006)

Full judgment

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

Fred Badda and Electoral Commission v Professor Muyanda Mutebi (Election Petition Appeal No. 25 of 2006) [2007] UGCA 92 (21 May 2007)
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.