The Applicant filed Election Petition No. 25 of 2006 in the High Court of Uganda against Hon. Sam K. Njuba and Electoral Commission of Uganda and lost. The Applicants appeal to the Court of Appeal was dismissed with costs and thereafter, his second appeal to the Supreme Court of Uganda was also dismissed with costs to the respondents in 2009. Being dissatisfied with the decision of the Supreme Court of Uganda, the Applicant approached the EACJ to register his desire to file a further appeal to the EACJ as an Appellate Court claiming he still had a right of appeal to the EACJ under Articles 6, 7(2), 8(1)(c), 23, 27(1) and 30 of the Treaty. The Applicant sought and interpretation of Articles 5, 6(d), 7(2) and 8(1)(c) of the Treaty so as to determine whether the delay in vesting the EACJ with appellate jurisdiction contravened the doctrines and principles of good governance, adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally acceptable standards of human rights” enshrined in the Treaty.
The Respondents opposed the Reference claiming inter alia that Applicant’s insistence on breaches of Article 6 did not disclose any cause of action and that a right of appeal was presumptuous as the Council had not yet determined the extent of extended jurisdiction of the EACJ.