Attorney General v Awor [2014] UGSC 100 (15 May 2014)
Court
Supreme Court of Uganda
Judge
Okello, JSC
The Supreme Court held that Article 83 was not a basis to nullify nomination for future elections, though it requires an MP to vacate a seat after changing party allegiance.
The Supreme Court held that Article 83(1)(g)(h) of the Constitution only prescribes loss of seat in Parliament as a sanction for an MP who changes party allegiance or joins a party after being elected as an independent. The article does not provide for nullification of nomination for election to the next Parliament as an additional sanction. The Court found that the Constitutional Court erred in interpreting Article 83(1)(g)(h) to invalidate nomination for the next Parliament based on failure to vacate or resign from Parliament. The correct procedure, where there is a dispute about whether a…