Wakilii

Nagami Gloria v Attorney General and Anor (Civil Miscellaneous Application No. 177 of 2020)

High Court · [2021] UGHCCD 27 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enforcement of fundamental rights under Article 50 of the Constitution challenging closure of voter registration exercise one year before elections.
Decision
Application dismissed with costs

Observed later treatment

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Holding

The High Court held that the Electoral Commission's closure of voter registration in December 2019—one year before the 2021 elections—did not constitute disenfranchisement. The right to vote arises only at age 18 and requires prior registration. The Electoral Commission must set a cut-off date to facilitate free and fair elections; the duty to avoid disenfranchisement does not require open-ended registration. Application dismissed.

Outcome

Application dismissed with costs

Facts

The applicant, aged 18 in 2020, challenged the Electoral Commission's closure of the voter register update exercise on 23 December 2019, arguing it disenfranchised approximately 972,400 Ugandans who turned 18 in 2020, one year before the January 2021 general elections. The Electoral Commission had conducted the voter register update between 21 November and 23 December 2019. The applicant abandoned prayers for mandatory orders, seeking only declaratory relief that the closure breached constitutional rights to vote. The Electoral Commission argued the cut-off date was lawful and necessary for orderly electoral process, and that the applicant failed to exhaust internal complaint procedures. The Attorney General submitted the applicant had no cause of action against it and that the High Court lacked original jurisdiction.

Issues

  1. Whether the closing of voter registration in December 2019 amounted to disenfranchisement and thus infringement of fundamental rights of voters.

Orders

  • Application dismissed with costs to the Respondents.

Rules and key headnotes

Electoral Law — Voter Registration — Cut-off Dates — Necessity for Orderly Electoral Process
The Electoral Commission is entitled to set a cut-off date for voter registration before elections to facilitate smooth management of elections, avoid electoral irregularities, and provide political parties and candidates with a clean national voters register. Open-ended voter registration until polling day would be a recipe for electoral disaster.
Constitutional Law — Right to Vote — Attainment of Voting Age — Registration Requirement
The right to vote under Article 59 of the Constitution arises only upon attainment of the voting age of 18 years and requires prior registration in accordance with electoral laws. There can be no disenfranchisement of voters unless those persons are duly registered voters. Anticipatory registration before attaining 18 years cannot arise.
Constitutional Law — Right to Vote — Not an Automatic Right — Registration Imperative
A right to vote is not an automatic right. Electoral laws provide that only persons whose names appear in the national voters register may vote. Even a citizen of majority age whose name is not in the register cannot vote. Registration before exercising the right to vote is a constitutional imperative.
Electoral Law — Voter Register — Objections and Complaints Procedure — Jurisdiction
Objections and complaints relating to the national voters register must be raised in accordance with the procedure set out in the Electoral Commission Act, including submission to the tribunal and review by the Electoral Commission as provided under sections 19 and 25 of the Act. The High Court is not the forum of first instance for such complaints.
Human Rights — Enforcement — Electoral Matters — Distinction from Electoral Complaints
Although the High Court has jurisdiction under Article 50 and the Human Rights (Enforcement) Act 2019 to hear applications for enforcement of fundamental rights, electoral matters involving discretionary actions by the Electoral Commission during the electoral process should not be interfered with except in exceptional circumstances. The mere possibility of not including persons who have not yet attained voting age does not amount to disenfranchisement.

Legislation cited (17)

Cases cited (5)

  • Kalali Stephen v Attorney General and Electoral Commission (Miscellaneous Cause No. 35 of 2018)
  • Okiya Omtatah Okoiti v Independent Electoral and Boundaries Commission & 2 others, Petition No. 47 of 2017
  • Erias Lukwago and 13 Others (Miscellaneous Cause No. 431 of 2019)
  • Bukenya Church v Attorney General (Constitutional Appeal No. 3 of 2011)
  • Charles Nsubuga v Engineer Badru Kiggundu and Others (Miscellaneous Cause No. 148 of 2015)

Full judgment

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

Nagami Gloria v Attorney General and Anor (Civil Miscellaneous Application No. 177 of 2020) [2021] UGHCCD 27 (30 April 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.