Mori Sidoro and Another v Abibu Buga Awad and Another (Election Petition No. 5 of 2021) [2021] UGHCEP 30 (20 October 2021)
Court
Election Petitions of Uganda
Case number
Election Petition No. 5 of 2021
Judge
Boniface Wamala, J
The High Court dismissed consolidated election petitions challenging the LC V chairperson election in Obongi District, finding the respondent qualified and duly elected.
The Supreme Court held that the High Court has jurisdiction under Article 86 of the Constitution and section 61(1)(d) of the Parliamentary Elections Act to determine whether a candidate was qualified for election as a Member of Parliament, including the power to scrutinize the authenticity of academic qualifications presented for nomination. The Court found that the certificate of equivalence issued by the National Council for Higher Education (NCHE) is not conclusive evidence of qualification and may be challenged in an election petition if the underlying certificates are alleged to be forge…
The Supreme Court held that the High Court and Court of Appeal were correct in finding that the appellant did not possess the requisite academic qualifications for election to Parliament. The Court reasoned that the NCHE certificate of equivalence, while evidence of qualification, is not conclusive and may be scrutinized by the courts in an election petition. The evidence showed that the certificates presented by the appellant to the NCHE were not authentic, as they were not properly signed by authorized officers and contained material anomalies. The Court rejected the argument that the court…
Ongole James Michael v Electoral Commission and Another (Election Petition No.0008 of 2006) (Election Petition No.0008 of 2006) [2007] UGHC 4 (7 January 2007)
Court
High Court of Uganda
Case number
Election Petition No.0008 of 2006
The court found that the second respondent, Ebukalin Sam, was properly nominated and possessed the requisite academic qualifications for the position of Chairperson LC V Bukedea District. The original academic transcript for a National Diploma in Agriculture was presented and accepted by the Returning Officer, which is a qualification above 'A' Level and did not require further verification. The law does not mandate the presentation of original 'O' and 'A' Level certificates if a higher qualification is provided. The discrepancies in names were explained and not proven to be fraudulent or bel…