Ochwa David vs Ogwari Polycarp and Anor (Election Petition No. 4 of 2021) [2022] UGHCEP 5 (12 December 2022)
Court
Election Petitions of Uganda
Case number
Election Petition No. 4 of 2021
Judge
Kazibwe, J
The High Court nullified the Agule County parliamentary election after finding the winner’s nomination invalid for failure to submit a Certificate of Equivalence.
The Supreme Court of Uganda held that recalling a certificate of equivalence without hearing the respondent breached fair-hearing rights, but the res judicata ruling was wrong.
The Supreme Court held that there was no evidence directly linking the allegedly fraudulent Diploma in Animal Husbandry to the Diploma in Management Studies upon which the NCHE issued the certificate of equivalence. The respondent's admission to Huron University was not shown to be based on the forged diploma, and the Diploma in Management Studies was found to be genuinely issued. The NCHE investigated both diplomas and equated only the latter. The appellant failed to prove that the respondent lacked the required academic qualifications for election. The court clarified that while it has juri…