The High Court has dismissed a pre-election petition filed by Ivan Bwowe challenging the nomination of Joel Ssenyonyi and seven other candidates in the Nakawa West parliamentary race, ruling that the case was based on a mere clerical error and not a substantive electoral violation.
In his ruling, Justice Collins Acellam said the court was guided by the principle that substantive justice must prevail over procedural technicalities. He warned that allowing the petition would deny voters of Nakawa Division West the right to choose their Member of Parliament.
Bwowe had argued that the candidates were improperly nominated after their nomination forms referred to the constituency as “Nakawa West” instead of “Nakawa Division West,” which he claimed is the official name. He insisted this meant the candidates were nominated for a non-existent constituency.
However, the judge agreed with the Electoral Commission and the respondents that “Nakawa West” and “Nakawa Division West” refer to the same constituency and are often used interchangeably. The court further observed that Bwowe himself was declared a nominated candidate for “Nakawa West” on official EC forms, yet he did not challenge his own nomination.
Justice Acellam described the petition as an attempt to bypass the electorate and enter Parliament through the courts rather than the ballot. He emphasized that electoral democracy requires candidates to seek a mandate from voters, not judicial shortcuts.
The court also relied on a Supreme Court precedent which held that clerical errors that can be explained or corrected should not be used to disqualify candidates. Justice Acellam ruled that the Electoral Commission had corrected the error and that no candidate was prejudiced.
As a result, the petition was dismissed, the Electoral Commission’s decision was upheld, and each party was ordered to bear its own costs.
The ruling clears the way for Joel Ssenyonyi and the other candidates to remain on the ballot in the Nakawa West MP race.