The Leader of Opposition in Parliament (LOP), Joel Ssenyonyi, has secured his victory as the Member of Parliament representing the Nakawa Division Constituency after the High Court in Kampala dismissed the petition challenging his nomination, clearing the way for him to retain his seat on the ballot.
The petition was filed by Ivan Bwowe, the People’s Front for Freedom (PFF) flag bearer, who had challenged the nomination of Ssenyonyi and six other candidates. Bwowe argued that the rival candidates were invalidly nominated after they indicated “Nakawa West” instead of the gazetted “Nakawa Division West Constituency” on their nomination papers.
In the petition, Bwowe had contended that Nakawa West is a non-existent constituency and asked the court to cancel the nominations of Ssenyonyi, Happy Nasasira, Herbert Anderson Burora, Ephraim Okuye, Vincent Norbert Okumu, Wilberforce Kyambadde and Rwamiti Apuuli, and declare him the only validly nominated candidate to be elected unopposed.
In a judgment delivered by Justice Collins Acellam, and in a subsequent ruling by Justice Allan Nshimye, the Court upheld the Electoral Commission’s decision to maintain the nominations.
“The omission of the word “Division” was a minor irregularity or misnomer that could lawfully be cured by the Commission under Section 15 of the Electoral Commission Act,” Nshimye said.
Court noted that while the contestants had written Nakawa West on their nomination forms, a Control Form specifically designated for the Nakawa Division West was filled and signed by all the candidates and the Returning Officer, confirming the nomination.
“The control form of the parties and all preceding documents in respect to the nomination indicate the constituency as Nakawa Division West. Thus, the clerical error was corrected and cannot be held to confuse,” Nshimye ruled
According to Justice Acellam, to allow the appeal, the court will be denying the voters of Nakawa Division West Constituency the opportunity of choosing their representative to Parliament.
The court observed that even the petitioner himself had been declared nominated under the same “Nakawa West” description he was challenging. The petition was dismissed in its entirety, with each party ordered to bear its own costs.
