[2008] UGSC 4

[2008] UGSC 4

The Supreme Court found no reason to interfere with the concurrent findings of the High Court and Court of Appeal, which both held that the appellant committed the electoral offence of bribery. The evidence showed that the cow was promised to the runners-up in the Badda cup tournament after they threatened not to vote for the appellant, and the timing of the tournament was shifted to coincide with the campaign period. The court held that this conduct was intended to influence voters and constituted bribery under the Parliamentary Elections Act. The arguments regarding the customary nature of the tournament and the reliability of evidence were not persuasive. The appeal was dismissed, and...

Citation
[2008] UGSC 4
Parties
Appellant: Fred Badda; Appellant: Electoral Commission; Respondent: Prof. Muyanda Mutebi
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
11 November 200811 November 20086 March 2008
Procedural Posture
Election Petition Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Judges
Kanyeihamba, JSC, Mulenga, JSC, Mukasa-Kikonyogo, JSC, Oder, JSC, Karokora, JSC
Legal Topics
Electoral Bribery, Evidence Evaluation, Parliamentary Elections, Appellate Review
Source Language
English
Election Petitions Civil Procedure Electoral Bribery Evidence Evaluation Parliamentary Elections Appellate Review

Case Brief

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Parties

Fred Badda

Appellant

Electoral Commission

Appellant

Prof. Muyanda Mutebi

Respondent

Procedural Posture

Election Petition Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant committed the electoral offence of bribery within the meaning of the Parliamentary Elections Act 2005.
  2. 2 Whether the prize of a cow to the runner-up team in the Badda cup tournament amounted to a bribe.
  3. 3 Whether the appellant and his agents offered monetary bribes to voters at Lutoboka and Bidico.

Ratio Decidendi

The Supreme Court found no reason to interfere with the concurrent findings of the High Court and Court of Appeal, which both held that the appellant committed the electoral offence of bribery. The evidence showed that the cow was promised to the runners-up in the Badda cup tournament after they threatened not to vote for the appellant, and the timing of the tournament was shifted to coincide with the campaign period. The court held that this conduct was intended to influence voters and constituted bribery under the Parliamentary Elections Act. The arguments regarding the customary nature of the tournament and the reliability of evidence were not persuasive. The appeal was dismissed, and...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent in the Supreme Court and the courts below.
  • The counterclaim is dismissed with no order as to costs.