Re RWAMUCYO (PETITION FOR NULLIFICATION OF ELECTIONS)

Re RWAMUCYO (PETITION FOR NULLIFICATION OF ELECTIONS)

The Supreme Court held that the petition was properly filed directly to the Court, as neither the Constitution nor the Organic Law requires prior referral to the National Electoral Commission. The petitioner failed to provide sufficient evidence to support allegations of abuse of office, illegal campaigning, or corruption. Therefore, there were no grounds to nullify the election.

Citation
RS/SPEC/0001/13/CS
Parties
Petitioner: Rwamucyo Gisaza Séverin; Respondent: Rusiha Gastone; Interested Party: National Electoral Commission
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
26 September 2013
Case Number
RS/SPEC/0001/13/CS
Procedural Posture
Election Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Election Nullification, Burden of Proof, Hierarchy of Norms, Election Campaign Procedures
Source Language
en
Electoral Law Constitutional Law Election Nullification Burden of Proof Hierarchy of Norms Election Campaign Procedures

Case Brief

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Parties

Rwamucyo Gisaza Séverin

Petitioner

Rusiha Gastone

Respondent

National Electoral Commission

Interested Party

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the petition should be dismissed for not being first referred to the National Electoral Commission
  2. 2 Whether there are grounds for nullifying the elections for Deputy Representative of Disabled Persons

Ratio Decidendi

The Supreme Court held that the petition was properly filed directly to the Court, as neither the Constitution nor the Organic Law requires prior referral to the National Electoral Commission. The petitioner failed to provide sufficient evidence to support allegations of abuse of office, illegal campaigning, or corruption. Therefore, there were no grounds to nullify the election.

Court Disposition

petition dismissed

Orders

  • Petition admitted for consideration
  • Petition found without merit