elections, the election is vitiated, irrespective of
whether the result was affected.
2. If the election was so conducted that it was
substantially in accordance with the law as to
elections, it is not vitiated by a breach of the rules
or mistake at the polls-provided that the breach or
mistake did not affect the result of the election.
[205] On his part, Lord Stephenson went even a step further and held that
even trivial breaches of the election law should alone vitiate an election.
This is how he put it:
“Any breach of the local election rules which affects
the result of the election is by itself enough to compel
the tribunal to declare the election void. It is not also
necessary that the election should be conducted not
substantially in accordance with the law as to local
elections…If substantial breaches of the law are, as I
think enough to invalidate an election though they
do not affect its result, it follows that, contrary to
the opinion of the Divisional Court, trivial breaches
which affect the result must also be enough. I cannot
hold that both substantial breach and an effect on
the result must be found in conjunction before the
Court can declare an election void.”
[206] Nearer home, we adopt the concurring opinion of Justice Professor
Lilian Tibatemwa Ekirikubinza issued in the case of Col. DR Kizza
Besigye
v.
Attorney-General
100
where,
notwithstanding
the
conjunctive nature of the Ugandan provision, she opined:
100
Col DR Kizza Besigye v. Attorney General Constitutional Petition Number 13 of 2009.
Presidential
Petition
No.
1
of
2017
84
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