Wakilii

Hon. Erias Lukwago v Electoral Commision (Misc.Cause No. 113 of 2010)

High Court · [2010] UGHC 60 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking orders of mandamus, certiorari and prohibition concerning Electoral Commission decisions on polling stations and voter register display
Decision
Application allowed with orders of mandamus, certiorari and prohibition issued compelling Electoral Commission to relocate polling stations and comply with voter register publication requirements

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Holding

The High Court held that polling stations located within military barracks contravene amended electoral legislation prohibiting polling stations exclusively for security personnel, even where only the station names were changed. The court further held that the Electoral Commission failed to comply with the statutory requirement to publish places of voter register display in the Gazette and print media at least 60 days before display. Orders of mandamus, certiorari and prohibition were granted.

Outcome

Application allowed with orders of mandamus, certiorari and prohibition issued compelling Electoral Commission to relocate polling stations and comply with voter register publication requirements

Facts

The applicant, Hon. Erias Lukwago, sought judicial review of Electoral Commission decisions concerning polling stations and voter register display in Kampala Central Division Constituency. Three polling stations were located within Summit View Military Barracks. Following amendments to electoral legislation in June 2010 prohibiting polling stations exclusively for security personnel, the Electoral Commission changed the names of the stations from Summit View Barracks to Summit View but did not relocate them. During the pendency of the application, the parties agreed to relocate polling stations at State House Quarter Guard and Kitante Courts, but the Electoral Commission refused to relocate the Summit View stations. The applicant also challenged the Electoral Commission's failure to publish places of voter register display in the Gazette and print media 60 days before the display exercise as required by amended legislation. The display exercise commenced on 11 August 2010, four days after publication of a gazette notice on 6 August 2010.

Issues

  1. Whether the continued existence of the three polling stations within the parameters of Summit View Military Barracks contravenes the electoral laws.
  2. Whether the places of display of voters register were gazetted 60 days before the display exercise.

Orders

  • Application allowed.
  • Prerogative order of mandamus issued directing the Electoral Commission to relocate the three polling stations from Summit View Military Barracks in compliance with electoral laws.
  • Writ of certiorari issued quashing the Electoral Commission's decision to display the Voters Register before publishing in the Gazette and print media a list of all places at which a voter's register is required to be displayed.
  • Order of prohibition issued stopping the Electoral Commission from acting ultra vires the electoral laws.
  • Applicant awarded two-thirds of the taxed costs of the application certified for one counsel.

Rules and key headnotes

Electoral Law — Polling Stations — Prohibition of Stations Exclusively for Security Personnel — Interpretation of Amendment
Where electoral legislation is amended to prohibit the creation of polling stations exclusively for security personnel, the object and intent of the amendment extends beyond preventing creation of new stations to requiring the phasing out of existing stations located within military establishments, and merely changing station names without relocating them does not constitute compliance with the law.
Statutory Interpretation — Purposive Approach — Object and Intent
Courts no longer construe Acts of Parliament according to their literal meaning but according to their object and intent, and to sustain a literal interpretation that frustrates the object and intent of legislation would perpetuate an absurdity.
Electoral Law — Voter Register Display — Publication Requirements — Timing
The statutory requirement to publish in the Gazette and print media a list of all places at which a voter's register is required to be displayed at least sixty days before the date of display is mandatory, and publication four days before the display exercise does not constitute compliance with the law.
Electoral Law — Free and Fair Elections — Polling Station Environment
Electoral processes must be conducted in a free and fair environment not characterized by restrictions, and polling stations within military barracks where candidates cannot campaign freely and voters are subjected to checking and questioning by military personnel before accessing polling stations do not provide such an environment.
Judicial Review — Ultra Vires — Orders of Mandamus, Certiorari and Prohibition
Where a public body acts ultra vires by failing to comply with statutory duties, the High Court may issue orders of mandamus compelling the body to perform its duty, certiorari quashing unlawful decisions, and prohibition preventing future ultra vires acts.

Legislation cited (9)

Cases cited (2)

  • Engineering Industry Training Board v Samuel Talbot [1969] 1 All ER 480
  • Attorney General v Fulham Corporation [1921] 1 Ch 440

Full judgment

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Hon. Erias Lukwago v Electoral Commision (Misc.Cause No. 113 of 2010) [2010] UGHC 60 (22 October 2010)
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.