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.
The Court also held that Mufumbiro and his legal team did not adduce sufficient evidence to prove that the alleged irregularities, if any, affected the final result in a substantial manner as required by the Parliamentary Elections Act.
The Court ruled that Section 11(2) of the Human Rights (Enforcement) Act, 2019 is unconstitutional. The provision had required the automatic nullification of proceedings and acquittal where an accused person’s non-derogable rights, particularly the right to freedom from torture, are violated.