ELECTION PETITIONS DEMYSTIFIED; Affidavits' Rule, Nullification, Remedies, Offences, etc...
A DEMYSTIFIED PRACTICAL APPROACH TO ELECTION PETITIONS IN UGANDA. BY GUKIINA PATRICK M. The concept of a free and fair election was enunciated in the case of Rtd. Col Kizza Besigye v. HE Yoweri Museveni No.1 of 2001, wherein the supreme court averred that: “a free and fair election is one that is representative of the will of the electorate which averment can be deduced from Article 1 of the 1995 Constitution which provides for the sovereignty of the people of Uganda. Furthermore, the Halsbury’s Laws of England Volume 38(a), 5 th Edition and the case of Rao and others, (1956) 1 MLJ 40, highlight the sound principle of natural justice that the success of a candidate who has won at an election should not be lightly interfered with, and any petition seeking such interference must strictly conform to the requirements of the law. Furthermore, the general rule is that a candidate who lost an election or a registered voter in the constituency supported by the signatures of no