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

DATED at Kampala this 21^st day of April, 2001

B. J.ODOKI
CHIEF JUSTICE

A. H. O. ODER
JUSTICE OF THE SUPREME COURT

J. W. N. TSEKOOKO
JUSTICE OF THE SUPREME COURT

A. N. KAROKORA

JUSTICE OF THE SUPREME COURT

J. N. MULENGA

JUSTICE OF THE SUPREME COURT

I CERTIFY THAT THIS IS
A TRUE COPY OF THE ORIGINAL

W. MASALU MUSENE
REGISTRAR, THE SUPREME COURT




REASONS FOR JUDGMENT OF ODOKI, CJ.

This is an election petition filed by the petitioner Col. (Rtd.) Dr. Besigye Kizza against the 1^st Respondent Mr. Museveni Yoweri Kaguta and the 2^nd Respondent, the Electoral Commission, challenging the results of the Presidential Election held on 12^th March 2001. The 2^nd Respondent organised those elections and declared the 1^st Respondent the winner. The petitioner seeks this court to declare: that Museveni Yoweri Kaguta was not validly elected as President, and that the election be annulled.

The petition was brought under the Presidential Elections Act 2000 (No.17 of 2000) and the Presidential Elections (Election Petitions) Rules 2001 (SI No.13 of 2000) Article 104 of the Constitution and Section 58 of the Presidential Elections Act 2000 provide that any aggrieved candidate may petition the Supreme Court for an order that a candidate declared by the Electoral Commission as President was not validly elected, within ten days after the declaration of results. The Supreme Court is required to inquire and determine the petition expeditiously and declare its findings not later than thirty days from the date the petition is filed. Where an election is annulled, a fresh election must be held within twenty days from the date of the annulment.
On 23 March 2001 the Petitioner lodged a petition in the Supreme Court. It was accompanied by an affidavit sworn by him. In his petition the Petitioner complains that the 2^nd Respondent failed to comply with the Electoral Commission Act and the Presidential Election Act in various instances and that the non-compliance affected the results of the election in a substantial manner. The Petitioner also alleged in the petition that the 1^st Respondent committed various illegal practices or election offences personally or by his agents with his knowledge and consent or approval. Five issues were framed by the Court. The hearing of the petition commenced on 3rd March and was concluded on 13th March 2001.

The petition symbolised the restoration of democracy, constitutionalism and the rule of law in Uganda. It demonstrated the fundamental democratic values contained in the 1995 Constitution, which includes the sovereignty of the people, the right of the people to choose their leaders through regular free and fair elections and the peaceful resolution of disputes. It was an important petition because it involves the election of a Head of State, Head of Government and Commander-in-Chief of the Uganda Peoples Defence Forces and the Fountain of Honour. The petition was bound to affect the entire nation because the election of a President is by universal adult suffrage through a secret ballot. The outcome of the petition would have far reaching consequences on the peace, stability, unity and development of Uganda.

We gave our judgment on 21^st April 2001 dismissing the petition with an order that each party bears its own costs. The Court’s findings on each issue were as follows:

“1. That during the Presidential Election 2001, the 2nd Respondent did not comply with provisions of the Presidential Elections Act: