The republic of uganda in the supreme court of uganda at kampala

Voting by Underage Persons:

The Petitioner alleges in the petition that contrary to Section 19 (1) (b) of the Commission Act, the 2nd Respondent’s Agents or Servants in the course of their duties allowed people under 18 years of age to vote. The 2nd Respondent in answer to the petition denied the allegation.

Section 19 (1) (b) of the Commission Act provides that any person who is a citizen of Uganda and is eighteen years of age or above shall apply to be registered as voter in a Parish or Ward where the person originated from or resides or works in gainful employment. It is provided in Subsection (2) that no person shall be qualified to vote unless that person is not registered as a voter in accordance with article 59 of the Constitution. This section lays down the principle of universal adult suffrage.

The Petitioner filed several affidavits in support of his allegation, which were controverted by the 2nd Respondent. Suliman Niiro, a Polling Monitor of the Petitioner in Bukode North Constituency, deponed that he visited bus part A Polling Station where he saw soldiers from the RDC’s Office threatening and forcing young children below 18 years to vote. Niiro states that he and others tried to refuse them to vote but the soldiers overpowered them, and arrested him for 30 minutes. After chasing away Polling Agents, the soldiers brought many small children to vote. The Agents went back after almost four hours. He said he saw others vote in the name of the dead people and mentioned two. He states further that the declaration results forms were very inaccurate in a number of stations.

His evidence is challenged by Magezi Abu who was the Presiding Officer at bus Park A Polling Station. Magezi states that no soldiers ever came to his Polling Station nor did they force young children or unauthorised people to vote. He stated that the Petitioner’s Agents witnessed the voting exercise from the beginning to the end and both of them duly signed the Results Declaration Forms.

Nava Nabagesera, the Resident District Commissioner Bugiri District also denied the allegations made by Niiro that soldiers from her Office threatened people and forced young people to vote. She stated that she has three escorts who were all the time with her and did not go to Bus Park (A) Polling Station. She received no reports of soldiers threatening or arresting any person during elections in her District. These two witnesses cast very serious doubts on the claims made by Suliman Niiro that soldiers forced underage children to vote.

John Kijumba who was appointed a Monitor for the Petitioner in Bukonjo West Constituency in Kasese District stated that on the polling day he found six underage children lined up to vote at Kasika Polling Station. The Polling Officials ignored him although he does not say what he did about it. He claimed that the 1st Candidates agent’s threatened to stone him and he went and reported to Bwera Police Station. At Rusese Kyampara Polling Station, he saw two underage people lined up to vote. He pointed them to the Presiding Officer but he allowed them to vote. He does not explain what he meant by underage or how he came to the conclusion that they were underage.

The Presiding Officer Mupaghanja Boniface in his affidavit denied talking to Kajumba. He admitted that Baluku Henry the Polling Agent for Presidential Candidate Mohamed Kibirige Mayanja pointed out to him two girls who had lined up to vote as being underage based on the fact that they were Primary School pupils. He checked the voters register and found their names therein. He also found that they had valid voter’s cards. He questioned the girls’ father Manymayuro Ezra who said that the girls were over 18 years of age. He then discussed the matter with the Polling Agents present and it was resolved that any prospective voter suspected to be underage should provide a birth certificate for verification or that their age be verified by their parents. He allowed the two girls to vote. He denied allowing any underage to vote.

Lucia Naggayi, Head of the Election Monitoring Team of Kiboga District for the Petitioner claimed that at Malagi Polling Station she found a Kasozi Bernard voting using card No.15094729 who upon examination was found to be underage and was thereafter reported to Police. There is no indication that Kasozi voted. Wabuyelele Martin who was the Presiding Officer for Kyalajoni AL Polling Station in Kiboga district denied that there was such Station known as Malagi in Lubiri Parish.

The evidence of Boniface Ruhindi Ngaruyu who was deployed to oversee the performance of the Polling Agents for the Petitioner in Mbarara Municipality states that while he was at Mankeke Polling Station he saw a number of Fuso lorries and pick-ups loaded with students escorted by armed Military Police who were driven to Kakyeka Stadium and the military ordered the election constable to allow them to join the line and vote without agents questioning their identity. The witness does not say whether these children were underage or not registered in the area they voted. This evidence is worthless.

The allegations were denied by Aspol Kwesiga who was the District Registrar of the Commission in-charge of Mbarara District. His evidence was that Makenke was never used as a Polling Station during the Referendum of 2000. He stated that the allegations made by Ruhindi were completely false because as one of the persons, who supervised elections, no such incidents took place at Kakyeka Stadium and the Petitioner’s Polling Agents signed the respective Declaration of Results Forms.

Ssentongo Elias an overseer of the Polling Agents for the petitioner in Ntungamo Town Council and Kahunga Sub-country claimed that at Karegyeya Polling Station he found armed soldiers who had camped at lrenga, the home of Mrs. Janet Museveni and the said soldiers allowed children who were clearly under the age of 18 years to vote for the 1st Respondent.

Another witness Patrick Matsiko Wa Mucoori, a Senior Reporter with Monitor Newspaper claimed that he saw a young girl of about 1 2 years coming to vote with a card and she was given a ballot paper. When he asked why the child was voting, the Presiding Officer said that the girl was voting for her father who was reportedly sick in the barracks. This voting was technically improper.

Byaruhanga Yahaya who was a Polling Agent for the Petitioner at Maracha D Polling Station, South East Parish Busia Town council, Busia District, claimed that there were 6 underage children who were allowed to vote and his attempts to stop them were ignored by the Presiding Officer.

On the evidence adduced it cannot be positively concluded that the alleged children were under 1 8 years. There was no proof of under age. A birth certificate or medical evidence would be credible evidence, See Sang v Re (1971) EA.539