Presiding Judge Collins Acellam held that references to “Nakawa West” instead of “Nakawa Division West” during the nomination process amounted to a minor clerical error that was lawfully corrected by the Electoral Commission.
The judge found that the anomaly did not warrant nullification of the nominations, noting that the Commission acted within its powers under the relevant electoral laws.
The court emphasized that substantive justice must prevail over procedural technicalities, warning that cancelling the nominations would deny voters the right to choose their representative.
It further observed that both names are commonly used interchangeably and refer to the same constituency, and that all official control forms and nomination documents ultimately reflected “Nakawa Division West.”
The petitioner, Ivan Bwowe of the Patriotic Front for Freedom, had argued that “Nakawa West” is not a legally gazetted constituency and sought cancellation of the nominations of Leader of the Opposition Joel Ssenyonyi and seven others, with a request to be declared elected unopposed.
However, the court noted that Bwowe himself was nominated under the same description and raised no objection at the time.
Citing Supreme Court precedent, the judge ruled that the petition lacked merit, dismissed it in its entirety, and ordered each party to bear its own costs.
Report by: Betty Zziwa
