Wakilii

Ojera Christopher v Electoral Commission and Another (Election Petition Appeal No. 29 of 2021)

Court of Appeal · [2022] UGCA 381 · 2022 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from High Court dismissal of a parliamentary election petition
Decision
Appeal dismissed with costs; High Court dismissal of the election petition upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed an appeal from the dismissal of a parliamentary election petition. It held that complaints about the establishment and relocation of polling stations fall within the original jurisdiction of the Electoral Commission under section 15 of the Electoral Commission Act, with a final appeal to the High Court; the High Court has no original jurisdiction over such matters. The appellant, who had prior notice of the gazetted polling stations, failed to raise complaints at the earliest opportunity. Allegations of bias against the supervisor were unproven, as the appellant in fact won more votes in her area. The alleged electoral offences of defamation and canvassing were not proved to the required standard.

Outcome

Appeal dismissed with costs; High Court dismissal of the election petition upheld

Facts

The appellant, the second respondent and seven others contested the Kilak North County parliamentary seat in Amuru district in the 14 January 2021 election. The second respondent won with 6,534 votes, ahead of the appellant's 6,366 votes, a margin of 168. The appellant petitioned the High Court, alleging that voters from Adjumani District voted in Kilak North, that three polling stations (Apaa Market, Apaa Health Centre II and Apaa Primary School) were illegally transferred, that voters were disenfranchised by relocation, that the second respondent's wife was appointed parish supervisor to rig the poll, and that the second respondent committed electoral offences. The Electoral Commission had de-gazetted the Apaa electoral area in Munguia Parish, Adjumani, and the impugned polling stations were located in Labala parish, Amuru, and relocated to Okojo village due to boundary disputes and low turnout concerns. The polling stations were gazetted in December 2019. The High Court dismissed the petition with costs, and the appellant appealed.

Issues

  1. Whether the trial judge erred in failing to find that the transfer of the Apaa polling stations from Adjumani District to Kilak North constituency in Amuru District was illegal.
  2. Whether the High Court had original jurisdiction to determine complaints about the relocation and establishment of polling stations.
  3. Whether the appointment of the second respondent's wife as parish supervisor tainted the election with bias.
  4. Whether voters were disenfranchised by the relocation of the polling stations.
  5. Whether the second respondent committed the electoral offences of defamation, canvassing for votes and bribery.

Orders

  • Appeal dismissed.
  • Costs of the appeal awarded to the respondents.

Rules and key headnotes

Electoral Law — Jurisdiction — Complaints on Establishment and Relocation of Polling Stations
Complaints alleging irregularity in the establishment or relocation of polling stations fall within the original jurisdiction of the Electoral Commission under section 15 of the Electoral Commission Act, whose decision is appealable to the High Court; the High Court has no original jurisdiction over such matters and no further appeal lies to the Court of Appeal.
Electoral Law — Waiver — Failure to Raise Complaint at Earliest Opportunity
A candidate who has prior notice of gazetted polling stations and fails to raise a complaint before the Electoral Commission at the earliest opportunity, choosing instead to proceed with the election, is deemed to have accepted the risk and abides by the outcome.
Electoral Law — Relocation of Polling Stations — Returning Officer's Power
A returning officer may, with the approval of the Electoral Commission, establish and relocate polling stations under section 33(1) of the Electoral Commission Act, taking into account distance, voter numbers and geographical features.
Electoral Law — Bias — Appointment of Election Official Related to Candidate
Allegations of bias against an election official related to a candidate must be supported by evidence of actual influence on the results; where the complaining candidate secured more votes in the area supervised by the official, the allegation of bias or rigging is not made out.
Electoral Law — Electoral Offences — False Statements Against Character of Candidate
To prove the offence of making a false statement against a candidate's character under section 73 of the Parliamentary Elections Act, the exact words must be pleaded verbatim, shown to have been published, to attack personal character, uttered recklessly or knowingly false, and made with intent to prevent election; a defence of truth defeats the charge.
Evidence — Oath Against Oath — Electoral Offences Standard of Proof
Where allegations of electoral offences rest on oath against oath, other credible evidence tilting the balance of probability is required; grave allegations of crimes against candidates must be proved by strong and cogent evidence and not by mere assumptions.

Legislation cited (18)

Cases cited (24)

Full judgment

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Ojera Christopher v Electoral Commission and Another (Election Petition Appeal No. 29 of 2021) [2022] UGCA 381 (15 July 2022)
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.