The High Court has dismissed a petition challenging the nomination of candidates for Nakawa Division West Constituency, clearing the way for all aspirants to remain on the ballot ahead of the 2026 general elections.
In a ruling delivered in Kampala, Justice Collins Acellam upheld the decision of the Electoral Commission to maintain the nomination of eight candidates whose papers had indicated “Nakawa West” instead of the official “Nakawa Division West” constituency.
The petitioner, Bwowe Ivan, had argued that the candidates were nominated for a non-existent constituency and sought their disqualification, as well as a declaration that he be elected unopposed. He contended that the Electoral Commission and its Returning Officer lacked powers to correct the alleged error after nomination.
However, the court rejected the argument, agreeing with the Electoral Commission that the issue was a clerical error which was corrected during the nomination process.
Justice Acellam noted that all candidates, including the petitioner, signed a control form bearing the correct name “Nakawa Division West” and submitted harmonised campaign programmes for the same geographical area.
The court also observed that the name “Nakawa West” is commonly used interchangeably with “Nakawa Division West” and that the petitioner himself had used the same wording on campaign posters.
“The omission of the word ‘Division’ was a minor misnomer and clerical error capable of being cured by the Commission,” the judge ruled.
Justice Acellam further cautioned against using technicalities to block voters from exercising their democratic right.
“To allow this appeal would be to deny voters of Nakawa Division West the opportunity to choose their representative. Elective democracy requires candidates to seek a mandate through the ballot, not through court shortcuts,” he stated.
The judge described the petition as an attempt to “sneak into Parliament” without a popular mandate and stressed that substantive justice must take precedence over minor procedural mistakes.
As a result, the court dismissed the petition in its entirety, upheld the Electoral Commission’s decision and ordered each party to meet its own costs.
The ruling means that all candidates originally nominated for Nakawa Division West Constituency will remain in the race as the country heads into the 2026 elections.
