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9 Mar 2023

Election Petitions [2023] UGHCEP 5

Ariko v Omara and Another

Ariko v Omara and Another (Election Petition No. 7 of 2021) [2023] UGHCEP 5 (9 March 2023)

Court: Election Petitions of Uganda
Case number: Election Petition No. 7 of 2021
Judge: Serunkuma, J

The court found that the first respondent, Omara Yuventine, was unlawfully nominated and elected as district chairperson for Abim because he had not properly resigned from the Uganda Peoples Defence Forces (UPDF) in accordance with the procedure prescribed by law. The evidence showed that the first respondent continued to receive salary after his alleged resignation, and there was no written approval of resignation from the Commission Board as required by Section 66 of the UPDF Act and relevant regulations. The court rejected the argument that mere submission of a resignation letter sufficed,…

Source excerpt

Nomination Qualification
Military Service And Political Office
Electoral Commission Duties
Local Government Elections
Burden Of Proof
Setting Aside Election Results

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7 Jan 2007

Election Petitions [2007] UGHC 4

Ongole James Michael v Electoral Commission and Another

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…