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Okidi & 4 Ors v Odok W (Election Petition No. 09 of 2011)

High Court · [2011] UGHC 122 · 2011 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the validity of the 1st Respondent's election as LC V Chairperson for Agago District on grounds of age disqualification
Decision
1st Respondent's seat as Agago District Chairperson declared vacant; fresh election ordered

Observed later treatment

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Holding

The court held that the 1st Respondent was above 75 years old at the time of nomination and election as LC V Chairperson for Agago District in 2010, contrary to the mandatory age limit under Local Governments Act s.111(3)(c) and Constitution Art.183(2)(b). Evidence from multiple witnesses who knew the 1st Respondent from childhood, combined with his own contradictory declarations of birth dates on nomination forms (1942, 1943, 1944) and his election to Acholi District Council in 1962 when he claimed to be under 21, established age disqualification. The election was declared null and void.

Outcome

1st Respondent's seat as Agago District Chairperson declared vacant; fresh election ordered

Facts

The 1st Respondent was elected LC V Chairperson for Agago District on 23 February 2011 and gazetted on 18 May 2011. Five registered voters filed a petition challenging his qualification on grounds he exceeded the statutory age limit of 75 years. The 1st Respondent submitted various nomination forms showing different birth dates: November 1942, 3 November 1943, 11 November 1943, August 1942, and stated his age as 62+ in 2006. Multiple witnesses testified they knew him from the 1930s and that he joined Kangole Teacher Training College in 1956 when students had to be at least 20 years old. Two students were rejected that year for being under 20. The 1st Respondent was elected to Acholi District Council in September 1962 when, by his own account, he would have been only 19 years old, below the constitutionally required age of 21. The 1st Respondent claimed his father told him he was born in 1942 and admitted making careless mistakes in various entries. The court found he deliberately misrepresented his age.

Issues

  1. Whether the Petitioners have locus standi to petition against the 1st Respondent's election as Chairperson Agago District.
  2. Whether the affidavits in support of the petition are valid.
  3. Whether the notice of petition was properly served on the 2nd Respondent.
  4. Whether the 1st Respondent was at the time of his election as Chairperson Agago District Local government, qualified to be elected.
  5. What are the remedies available to the parties.

Orders

  • The nomination and election of the 1st Respondent as Chairperson Agago District declared null and void.
  • The 1st Respondent's seat declared vacant.
  • A fresh and immediate election to be arranged and organised by the 2nd Respondent.
  • Both Respondents to pay costs.

Rules and key headnotes

Electoral Law — Local Government Elections — Locus Standi — Registered Voters Challenging District Chairperson Election
A petition challenging the election of an LC V District Chairperson may be brought by a registered voter in the constituency concerned supported by signatures of not less than 500 registered voters, and need not be brought by an aggrieved candidate.
Evidence — Hearsay — Affidavits by Campaign Agents Alleging Third Parties Denied Consent
Affidavits sworn by campaign agents alleging that persons whose names appear on a list of petition supporters denied giving consent are inadmissible hearsay where no affidavit is sworn by any of those persons directly.
Electoral Law — Commissioner for Oaths — Validity of Affidavits — Advocate Commissioning for Same Firm
An advocate who is a partner or member of the same firm as the advocate on record may validly commission affidavits for a party where there is no evidence that the commissioning advocate is himself the advocate for that party or clerk to such advocate or interested in the proceedings, as the authority to commission oaths is personal to the holder and not issued to the firm.
Electoral Law — Local Government Elections — Age Qualification — District Chairperson — Constitutional and Statutory Requirement
The requirement that a candidate for District Chairperson be at least 30 years and not more than 75 years of age is both a constitutional requirement under Art.183(2)(b) and a statutory requirement under Local Governments Act s.111(3)(c), and is mandatory for qualification to hold office.
Evidence — Proof of Age — Methods of Proof — Contradictory Statements on Oath
Where age is put in issue, the burden shifts to the person whose age is challenged to prove their true age; stricter methods of proof are required; and contradictory declarations of birth dates on multiple nomination forms and affidavits, combined with circumstantial evidence from witnesses who knew the person from childhood, may establish age disqualification.
Electoral Law — Grounds for Annulment — Disqualification at Time of Election
Under Local Governments Act s.139(d), the election of a candidate as chairperson shall be set aside if the candidate was at the time of election not qualified or was disqualified from the election, including by reason of exceeding the statutory age limit.

Legislation cited (12)

Cases cited (4)

  • Dr. Kizito Deo Lukyamuzi v Kasamba Mathias & Electoral Commission (Election Petition No. 003 of 2011)
  • Ndaula Ronald v Hajji Naduli Abdul (Election Petition Appeal No. 20 of 2006)
  • Akidi Margaret v Adong Lilly & Electoral Commission (Election Petition No. 004 of 2011)
  • Byagonza v Uganda [2000] 2 EA 351

Full judgment

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

Okidi & 4 Ors v Odok W (Election Petition No. 09 of 2011) [2011] UGHC 122 (22 August 2011)
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.