The contribution of Supreme Court rulings to conflict management in Uganda: a case of 2001 and 2006 presidential elections

Abstract

The Study is about the Contribution of the 2001 and 2006 Supreme Court rulings on Presidential elections’ results to Conflict management in Uganda.

The General objective of the study is to establish the extent to which the 2001 and 2006 Supreme Court rulings on Presidential elections’ results have contributed to Conflict management in Uganda.

The Statement of the Problem of the study is that whereas Court rulings are expected to resolve disputes, the 2001 and 2006 Supreme Court rulings have not fully resolved disputes over Presidential elections’ results in Uganda.

The justification of the study is to make recommendations which when implemented by Key players in democratic governance would enable subsequent Supreme Court rulings fully resolve disputes over Presidential elections’ results in Uganda.

The study employs a Case study research design and a Qualitative approach to research. It is carried out in Kampala District using Purposive sampling-with the Sample units as: The Supreme Court, Parliament, NRM, FDC, UPDF and UPF.

Both Primary and Secondary data is collected. And the data collected is analyzed thematically according to the objectives of the study.

According to its general objective, the study establishes that the 2001 and 2006 Supreme Court rulings on Presidential elections’ results have to a smaller extent contributed to conflict management in Uganda.

The study goes on to show that Supreme Court rulings would have fully resolved disputes over the 2001 and 2006 Presidential elections’ results had the following happened: (a) Had the Supreme Court exercised its powers and ruled independently as according to Art. 128 (1) of the 1995 Uganda Constitution (infra). And; (b) If like NRM, FDC believed the Supreme Court ruled independently. Or; (c) Had FDC accepted defeat in the 2001 and 2006 Presidential elections out of respect for the rule of law.

The Supreme Court’s failure to annul the results of the 2001 and 2006 Presidential elections because it did not rule independently on the disputes over these results does the following: (a) Makes the Supreme Court a failed institution in guaranteeing the right of Ugandans to have a President who is a product of a free and fair election which is enshrined in Art.1(4) of the 1995 Uganda Constitution (infra). (b) Justifies FDC’s disagreement with the 2001 and 2006 Supreme Court rulings on Presidential elections’ results. (d) Makes the Supreme Court a failed institution in promoting Sustainable Peace in Uganda. And; (c) Makes the Supreme Court an institution that missed the opportunity to build Peace in Uganda.

As such the study makes recommendations which although meant to enable subsequent Supreme Court rulings fully resolve disputes over Presidential elections’ results for Peace-building in Uganda also serve to make these rulings guarantee the right of Ugandans to have a President who is a product of a Free and Fair election. And this would cater for Sustainable Peace in Uganda.