KAMPALA, Uganda — The High Court in Kampala has dismissed a high-profile legal challenge to the parliamentary nominations for the Nakawa Division West seat, rejecting a petition by lawyer and aspirant Ivan Bwowe that sought to annul the nominations of Leader of the Opposition (LOP) Joel Ssenyonyi and six other candidates.
Delivering the ruling on Thursday, Justice Collins Acellam described Bwowe’s petition as an “audacious attempt” to circumvent the democratic process and install himself as the constituency’s representative without securing a mandate from the electorate.
“To allow the appeal this Court will be denying the voters of Nakawa Division West Constituency the opportunity of choosing their representative to parliament,” Justice Acellam said, underscoring the constitutional principle that elected office must be conferred by the ballot, not by judicial fiat.
The core of Bwowe’s argument was that several contenders, including Ssenyonyi, had been improperly nominated under a constituency name he said did not legally exist. Justice Acellam rejected this, agreeing with defence submissions that the terms “Nakawa West” and “Nakawa Division West” have been used interchangeably in electoral practice and documentation.
“It is also my observation that on page 27 of the Electronic file of the Petition, Form ND/UO, the Petitioner just like all candidates was also declared as a nominated directly elected member of parliament candidate to represent ‘Nakawa West’ constituency, a constituency he claims does not exist,” the judge said.
The ruling emphasised that, although legal precision is important, such terminological overlap did not prejudice the nomination process or warrant nullification. Justice Acellam also noted that Bwowe had not raised the issue prior to filing the petition, which would have undermined his own nomination.
“Elective democracy requires that anyone seeking political office subjects himself/herself to the will of the electorate. A proper mandate is through the ballot box. This ensures that the people express their will, and this court cannot be seen to subvert the will of the people,” he added.
On the basis of these findings, the court upheld the decision of the Electoral Commission and dismissed the petition with each party ordered to bear its own costs.
Reactions and aftermath
In response to the ruling, National Unity Platform (NUP) spokesperson and Nakawa Division West incumbent Joel Ssenyonyi took to social media to express gratitude and frame the outcome in spiritual terms. Posting on X (formerly Twitter), Ssenyonyi quoted scripture:
“Jeremiah 1:19; They will fight against you, but they shall not prevail against you, for I am with you, declares the Lord, to deliver you.”
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The decision concludes a protracted legal battle that had drawn national attention not only for its implications for the Nakawa contest but also for broader debates about nomination procedures and constituency nomenclature ahead of the January 15, 2026 general election.
Background of the petition
Bwowe’s petition named the Electoral Commission (EC) and seven aspirants; Happy Nasasira, Herbert Anderson Burora, Felix Okuye, Vincent Okumu, Joel Ssenyonyi, Wilberforce Kyambadde and Apuuli Rwamiti — as respondents. He challenged the validity of their nomination, arguing that discrepancies in the constituency designation rendered the exercise irregular and legally infirm.
Legal experts said the case shed light on the evolving jurisprudence around electoral nominations and documentation, noting that courts have tended to defer to the clear intention of electoral bodies where technical errors do not affect substantive representation rights.
Observers also point out that the prompt resolution of the matter may help clear the way for electoral campaigning in Nakawa West, allowing candidates to focus on voter engagement ahead of the tight national polls.
