Wakilii

Mori Sidoro and Another v Abibu Buga Awad and Another (Election Petition No. 5 of 2021)

High Court · [2021] UGHCEP 30 · 2021 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated election petitions challenging the nomination and election of the 1st Respondent as LC V Chairperson for Obongi District on grounds of lack of requisite academic qualifications
Decision
Petitions dismissed; 1st Respondent declared duly elected as LC V Chairperson for Obongi District

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed consolidated election petitions challenging the 1st Respondent's qualification for LC V Chairperson of Obongi District. The court held that variations in the 1st Respondent's names across academic documents, national ID, and nomination papers did not disqualify him. The petitioners failed to prove that the academic documents belonged to someone else or that the 1st Respondent impersonated another person. The court found that phonetically similar name variations and abbreviations do not constitute name changes requiring formal deed poll procedures under the Registration of Persons Act 2015, particularly where the name was not previously registered. The 1st Respondent was declared duly elected.

Outcome

Petitions dismissed; 1st Respondent declared duly elected as LC V Chairperson for Obongi District

Facts

The 1st Respondent was declared winner of the LC V Chairperson election for Obongi District held on 20 January 2021, polling 5,943 votes. The petitioners challenged his qualification on grounds that he lacked the requisite Advanced Level education, alleging that the academic documents he presented bore different names from those on his nomination papers and National ID. The 1st Respondent's UCE certificate bore the name 'Abib Buga Khemis Hawadi', his UACE certificate bore 'Abibu A.B.K Hawadi', while his National ID and nomination papers bore 'Abibu Buga Khemis Awadi'. The petitioners also questioned whether the 1st Respondent, being male, could have sat for examinations at Muni Girls Secondary School. The 1st Respondent explained that he studied at Arua Academy SS but sat for UACE at Muni Girls SS because Arua Academy lacked a UNEB Centre at the time. He produced witnesses who confirmed they were his schoolmates and also sat at the same centre. UNEB verified the authenticity of his academic documents.

Issues

  1. Whether the 1st Respondent was qualified for nomination and election as LC V Chairperson.
  2. What remedies are available to the parties?

Orders

  • The consolidated petitions are dismissed.
  • It is declared that the 1st Respondent, Abibu Buga Khemis Awadi, was duly elected by the people of Obongi District and declared by the 2nd Respondent as the Local Council V Chairperson for Obongi District.
  • The costs of the consolidated petitions shall be paid to the Respondents by the Petitioners.
  • The Petitioners shall meet the costs in two equal parts.

Rules and key headnotes

Electoral Law — Candidate Qualifications — Academic Qualifications — Burden of Proof
In an election petition challenging a candidate's academic qualifications, the burden of proof lies on the petitioner to prove the assertions raised in the petition. However, where the authenticity of academic credentials is challenged, the burden of proving the authenticity of the impugned academic credentials rests on the person relying on those credentials.
Electoral Law — Standard of Proof — Local Council Elections — Satisfaction of the Court
Under Section 139 of the Local Governments Act, the election of a candidate shall only be set aside if the grounds are proved to the satisfaction of the court. The phrase 'to the satisfaction of the court' means that the court must be satisfied to the extent that the court is without being left in any state of reasonable doubt. The court must be satisfied that the allegations in the petition are made out upon cogent and credible evidence.
Electoral Law — Candidate Identity — Name Variations — Phonetic Equivalence
Names which are phonetically equivalent cannot be interpreted as forgery or fraud. Variations in spelling of names such as 'Abibu' and 'Abib', or 'Awadi' and 'Hawadi', being phonetically similar, do not amount to change of name and do not require formal deed poll procedures. Usage of abbreviations and interchanging of order of names does not amount to change of name.
Electoral Law — Change of Name — Registration of Persons Act — Deed Poll Requirements
The requirement under Section 36 of the Registration of Persons Act 2015 to make and gazette a deed poll for change of names is only mandatory where the name being changed had been entered on the national register and a change thereof had also to be entered by way of amendment of the register. Where the name sought to be changed had not been entered on the register, a change in the person's name can sufficiently be explained by any other means and not necessarily by a deed poll.
Electoral Law — Academic Qualifications — Identity of Certificate Holder — Verification by UNEB
When UNEB issues a verification letter confirming that a candidate sat for examinations and obtained the indicated results, the disclaimer that 'The Board is not responsible for the identity of the candidate' means that UNEB cannot attach face to the names in the academic papers. The evidence proving the identity of the named candidate has to come from somewhere else and not from the issuing authority of the academic papers. Such disclaimer cannot be used to discount a candidate's identity as the owner of academic documents.
Electoral Law — Candidate Qualifications — Name Variations — Requirement to Produce Claimant
In an election petition challenging the academic documents or qualification of a candidate on grounds of name variations, the petitioner must show that there is any person other than the respondent claiming the academic documents in contention. Where the petitioner fails to bring any person claiming the contested academic documents, the court may hold that the documents belong to the respondent.
Electoral Law — Name on Voter's Roll — Distinction from Academic Documents
The court takes a strict approach where the disparity is between the candidate's name on the nomination paper and the name on the voter's roll. While a disparity between the name on the academic documents and the name on the nomination paper or voter's roll may be explained, a disparity between the name on the nomination paper and that on the voter's roll is not envisaged as it would suggest that a candidate has unlawfully changed their name. The name on the voter's roll can only be changed in accordance with the procedure laid out in the Registration of Persons Act 2015.

Legislation cited (23)

Cases cited (31)

  • Kyakulaga Bwino Fred and Electoral Commission v Waguma Badogi Ismail (Election Petition Appeals Nos. 15 and 20 of 2016)
  • Akuguzibwe Lawrence v Muhumuza David and 2 Others (Election Petition Appeal No. 22 of 2016)
  • Mutembuli Yusuf v Nagwomu Moses Masamba and Electoral Commission (Election Petition Appeal No. 43 of 2016)
  • Acen Christine Ayo v Abongo Elizabeth (Election Petition Appeal No. 58 of 2016)
  • Abdul Balingira Nakendo v Patrick Mwondha (Supreme Court Election Appeal No. 9 of 2006)
  • Magombe Vincent v Electoral Commission and Mujasi Masaba Bernard Elly (Election Petition Appeal No. 088 of 2016)
  • Kizza Besigye v Yoweri Museveni (Presidential Election Petition No. 1 of 2001)
  • Blyth v Blyth [1966] AC 643
  • Makatu Augustus v Weswa David and Electoral Commission (Election Petition Appeal No. 73 of 2016)
  • Mugisha Vincent v Kajara Aston Peterson and 2 Others (Election Petition No. 4 of 2016)
  • Nabukera Hussein v Kusasira Peace K. Mubiru and Electoral Commission (Election Petition Appeal No. 72 of 2016)
  • Chebrot Stephen Chemoiko v Soyekwo Kenneth and Electoral Commission (Election Petition Appeal No. 56 of 2016)
  • Betty Muzanira Bamukwatsa v Masiko Winnifred Komuhangi and 2 Others (Election Petition Appeal No. 65 of 2016)
  • Nabukeera Hussein Hanifah v Kusasira Peace Mubiru and Electoral Commission (Election Petition Appeal No. 72 of 2016)
  • Mutembuli Yusuf v Nagwowu and Electoral Commission (Election Petition No. 13 of 2016)
  • Uganda Microfinance Union Ltd v Sebuufu Richard and Another (HCMA No. 0610 of 2007)
  • Wakayima Musoke Nsereko and Electoral Commission v Kasule Robert Sebunya (Election Petition Appeals Nos. 0050 and 102 of 2016)
  • Serunjogi James Mukiibi v Lule Umar Mawiya (Election Petition Appeal No. 15 of 2006)
  • Makula International v Cardinal Nsubuga [1982] HCB 11
  • Hashim Sulaiman v Onega Robert (Election Petition Appeal No. 0001 of 2021)
  • Akol Hellen Odeke v Okodel Umar (Election Petition Appeal No. 6 of 2021)
  • Muheirwe Daniel v Twinomujuni Francis Kazini and Electoral Commission (Election Petition Appeal No. 0002 of 2021)
  • Baleke Kayiira Peter v Electoral Commission and Kakoza Joseph (Election Petition No. 004 of 2016)
  • Abdul Balangira Nakendo v Patrick Mwondha (Supreme Court Election Petition No. 9 of 2007)
  • Namujju Dionizia Cissy and Electoral Commission v Martin Kizito Sserwanga (Election Petition Appeal No. 62 of 2016)
  • Ssembatya Edward Ndawula v Alfred Muwanga (Election Petition Appeal No. 34 of 2016)
  • Ninsiima Grace v Azairwe Dorothy Nshaija Kabaraitsya and Electoral Commission (Election Petition Appeal No. 5 of 2016)
  • Leku James Pilli v Anyama Ben and 2 Others (Election Petition No. 004 of 2021)
  • Tinka Noreen v Bigirwenkya M. Beatrice and Another (Election Petition Appeal No. 007 of 2011)
  • Mutembuli Yusuf v Nagwomu Moses (Election Petition Appeal No. 43 of 2016)
  • Mulindwa Isaac Ssozi v Lugudde Katwe Elizabeth (Election Petition Appeal No. 14 of 2016)

Full judgment

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Mori Sidoro and Another v Abibu Buga Awad and Another (Election Petition No. 5 of 2021) [2021] UGHCEP 30 (20 October 2021)
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