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Article 104 of the Constitution of Uganda : Challenging a presidential election

The President

104.Challenging a presidential election

(1)Subject to the provisions of this Article, any aggrieved candidate may petition the Supreme Court for an order that a candidate declared by the Electoral Commission elected as President was not validly elected.

(2)A petition under clause (1) of this Article shall be lodged in the Supreme Court registry within fifteen days after the declaration of the election results.

(3)The Supreme Court shall inquire into and determine the petition expeditiously and shall declare its findings and reasons not later than forty-five days from the date the petition is filed.

(4)Where no petition is filed within the time prescribed under clause (2) of this Article, or where a petition having been filed, is dismissed by the Supreme Court, the candidate declared elected shall conclusively be taken to have been duly elected as President.

(5)After due inquiry under clause (3) of this Article, the Supreme Court may—

(a)dismiss the petition;

(b)declare which candidate was validly elected; or

(c)annul the election.

(6)Where an election is annulled, a fresh election shall be held within sixty days from the date of the annulment.

(7)If after a fresh election held under clause (6) of this Article there is another petition which succeeds, then the presidential election shall be postponed; and upon the expiry of the term of the incumbent President, the Speaker shall perform the functions of the office of President until a new President is elected and assumes office.

(8)For the purposes of this Article, Article 98(4) of this Constitution shall not apply.

(9)Parliament shall make such laws as may be necessary for the purposes of this Article, including laws for grounds of annulment and rules of procedure.

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