Wakilii

Sankyama Simon v Barigag Charles and Another (Election Petition Appeal No. 5 of 2025)

High Court · [2026] UGHCCD 22 · 2026 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the decision of the Electoral Commission reversing the appellant's nomination as candidate for LC III Chairperson
Decision
Appellant's nomination as candidate for LC III Chairperson restored

Observed later treatment

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Holding

The High Court held that Article 80(2)(f) of the Constitution and Section 14(2)(f) of the Local Governments Act apply only to Members of Parliament and District Chairpersons respectively, not to Sub-County LC III Chairpersons. The Electoral Commission erred in cancelling the appellant's nomination on the basis of his prior conviction for offences involving moral turpitude, as these statutory disqualification provisions do not extend to the office of Sub-County Chairperson.

Outcome

Appellant's nomination as candidate for LC III Chairperson restored

Facts

The appellant was the sitting LC III Chairperson of Malongo Subcounty, Lwengo District. On 7 December 2021, he was convicted by the Chief Magistrate's Court of Masaka of two offences: Conspiracy to Defeat Justice and Compounding a Felony, both involving moral turpitude. He was sentenced to a fine of UGX 2,000,000 on each count or one year imprisonment in default, sentences to run concurrently. On 25 September 2025, both the appellant and the first respondent were nominated as candidates for LC III Chairperson. The first respondent lodged a complaint with the Electoral Commission seeking the appellant's disqualification on grounds of his prior conviction. After a hearing on 21 November 2025, the Electoral Commission reversed the appellant's nomination, relying on Article 80(2)(f) of the Constitution and Section 14(2)(f) of the Local Governments Act. The appellant appealed to the High Court.

Issues

  1. Whether the Electoral Commission was justified in its decision to reverse the nomination of the Appellant as a candidate for election for the position of LC III Chairperson Malongo Subcounty, Lwengo District on account of his conviction for offences involving moral turpitude.

Orders

  • Appeal allowed.
  • The decision of the Electoral Commission dated 21 November 2025 reversing the nomination of the Petitioner as candidate for Chairperson LC III Malongo Subcounty, Lwengo District is set aside.
  • Declaration that the Petitioner is the official flag bearer for the National Resistance Movement Party and candidate for Chairperson LC III Malongo Subcounty, Lwengo District.
  • Permanent injunction restraining the Electoral Commission from implementing the impugned directives and decision contained in the letter dated 21 November 2025.
  • Each party to bear their own costs.

Rules and key headnotes

Electoral Law — Candidate Qualifications — Scope of Constitutional and Statutory Disqualifications
Article 80(2)(f) of the Constitution, which disqualifies persons convicted of offences involving moral turpitude from standing for election, applies only to Members of Parliament and does not extend to local government offices such as Sub-County LC III Chairpersons.
Administrative Law — Statutory Interpretation — Specific Provisions and Limited Application
Section 14(2)(f) of the Local Governments Act, which provides for removal of a District Chairperson from office upon conviction of an offence involving moral turpitude, is specific to District Chairpersons and does not apply to Sub-County Chairpersons or candidates for such office.
Electoral Law — Electoral Commission Powers — Jurisdictional Limits
The Electoral Commission acts without jurisdiction when it applies statutory disqualification provisions beyond their express scope, and such a decision is liable to be set aside on appeal.
Constitutional Law — Substantive Justice — Technicalities in Pleadings
Under Article 126(2)(e) of the Constitution, courts must administer substantive justice without undue regard to technicalities. Where a respondent files an answer to a petition supported by an affidavit instead of an affidavit alone, the court may disregard the answer and rely on the affidavit if it suffices as a response to the petition.

Legislation cited (10)

Full judgment

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Sankyama Simon v Barigag Charles and Another (Election Petition Appeal No. 5 of 2025) [2026] UGHCCD 22 (22 January 2026)
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.