The Republic of Uganda in the Supreme
5 THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA PRESIDENTIAL ELECTION PETITION NO. O1 OF 2016 (CORAM: KATUREEBE, C.J, TUMWESIGYE, KISAAKYE, 10 ARACH AMOKO, NSHIMYE, MWANGUSYA,OPIO-AWERI, MWONDHA, TIBATEMWA-EKIRIKUBINZA, JJ.SC.) AMAMA MBABAZI …………………………………….PETITIONER VERSUS 15 YOWERI KAGUTA MUSEVENI ……………. 1stRESPONDENT ELECTORAL COMMISSION ……………… 2ndRESPONDENT THE ATTORNEY GENERAL ………………… 3rd RESPONDENT PROFESSOR OLOKA ONYANGO & 8 ORS………..AMICI 20 CURIAE DETAILED REASONS FOR THE JUDGMENT OF THE COURT The Petitioner, who was one of the candidates in the presidential 25 election that was held on the 18th February, 2016 petitioned the 1 5 Supreme Court under the Constitution, the Presidential Elections Act, 2000 and the Electoral Commission Act, 1997 (hereinafterreferred to as the PEA and the ECA, respectively). He challenged the result of the election and sought a declaration that Yoweri Kaguta Museveni, the 1st Respondent, was not 10 validly elected and an order that the election be annulled. On the 31st March 2016, we delivered our decision in line with the Constitutional timeline imposed on the Court to render its judgment within 30 days from the date of filing the petition. We were not, however, in a position to give detailed reasons for our 15 findings and conclusion. We found that the 1st Respondent was validly elected as President in accordance with Article 104 of the Constitution and Section 59 of the PEA. Accordingly, we unanimously dismissed the petition. We made no order as to costs. 20 We promised to give the detailed reasons at a later date, which we now give in this judgment. Background The 18thFebruary 2016 General Elections were the 3rd since the re-introduction of multiparty politics in Uganda as the country 25 shifted from the movement system.
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