Wakilii

Wanghede Aliyi v Mulepo and 2 Others (Election Petition No. 21 of 2021)

High Court · [2021] UGHC 51 · 2021 Petition Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging results of LC3 Chairperson election
Decision
Petition struck out as incurably defective

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An election petition under the Local Government Act must be accompanied by an affidavit sworn by the petitioner setting out the facts on which the petition is based. Where the petitioner's affidavit is struck out for non-compliance with the Illiterates Protection Act, the petition becomes incurably defective and must be struck out. An affidavit by another witness cannot substitute for the petitioner's own affidavit.

Outcome

Petition struck out as incurably defective

Facts

The petitioner challenged the results of the LC3 Chairperson election for Nawanjofu Sub County held on 3 February 2021. The Returning Officer declared the 1st respondent winner with 2,305 votes against the petitioner's 2,155 votes. The petitioner alleged that results from one polling station (Masaba Main Mosque) were omitted, and if included, he would have won. During cross-examination on 17 August 2021, the petitioner stated he was not conversant with English and that one Isaac Watindi Malwa had interpreted his affidavit to him, but Malwa did not endorse the affidavit. The court struck out the petitioner's affidavit for contravening the Illiterates Protection Act. The petitioner's counsel attempted to recall the petitioner and filed additional affidavits, but the court refused. The court then considered whether the petition could proceed without the petitioner's affidavit.

Issues

  1. Whether an election petition is competent without an affidavit in support sworn by the petitioner.
  2. Whether an affidavit by a witness other than the petitioner can sustain an election petition.
  3. Whether the petitioner's affidavit contravened the Illiterates Protection Act.

Orders

  • Election Petition No. 21 of 2021 is hereby struck out.
  • The Petitioner is ordered to pay the costs of this petition to the Respondents.

Rules and key headnotes

Electoral Law — Election Petitions — Competency — Requirement for Petitioner's Affidavit
An election petition under the Local Government Act must be accompanied by an affidavit sworn by the petitioner setting out the facts on which the petition is based, as required by Rule 4(8) of the Parliamentary Election Petitions Rules applied by virtue of section 172 of the Local Government Act.
Electoral Law — Election Petitions — Standing — Who May Petition
Only an aggrieved candidate may petition the High Court challenging election results under section 138(1) of the Local Government Act. A registered voter may petition under section 138(3)(b) only with signatures of not less than five hundred voters registered in the same constituency.
Civil Procedure — Affidavits — Witness Affidavits Cannot Substitute for Petitioner's Affidavit
An affidavit by a witness cannot substitute for the petitioner's own affidavit in support of an election petition. The petitioner is best placed to know all his or her grievances relating to a particular election. Affidavits of other persons only come in to fortify the grievances raised by the petitioner.
Civil Procedure — Defective Petitions — Petition Not Supported by Required Evidence
A petition not supported by evidence as required by law is incurably defective and must be struck out. Where neither the petition itself nor any accompanying affidavit is duly signed by the petitioner, the petition is incurably defective.

Legislation cited (7)

Cases cited (3)

  • Mugema Peter v Mudiobole Abedi Nasser (Election Petition Appeal No. 16 of 2016)
  • Tiken Francis and Another v Electoral Commission and 2 Others (Election Petition No. 001 of 2012)
  • Suubi Kinyamatama Juliet v Sentongo Robinah Nakasirye (Election Petition Appeal No. 92 of 2016)

Full judgment

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

Wanghede Aliyi v Mulepo and 2 Others (Election Petition No. 21 of 2021) [2021] UGHC 51 (7 September 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.