| ISSUE TWO
The second issue is whether the said election was not conducted in accordance with the principles laid down in the provisions of the said Act. I think that this issue is related to the first issue. In our decision, which we gave on 21/4/2001, we answered this issue in the affirmative. It now remains my duty to say how and why I concurred.
I have summarised the submissions of Mr. Balikuddembe, lead counsel, and his junior, Mr. Mbabazi, for the Petitioner, on the main principles. For instance S.5 (1) of PEA states that the election of the President shall be by universal adult suffrage through a secret ballot using one box for all candidates. This provision is a reenactment of Article 103(1) of the Constitution which states that:-
“103(1) The election of the President shall be by universal adult suffrage though a secret ballot.”
The principles to be gathered from this statement are that:-
(a) election is by all eligible adult persons aged 18 and above. Children do not qualify to vote;
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