By KAMPALA; The High Court of Uganda sitting in Kampala has dismissed a pre-election petition challenging the nomination of candidates for the Nakawa Division West Constituency, ruling that the dispute arose from a minor clerical error that did not prejudice any party or the electorate.
In a judgment delivered by Hon. Justice Collins Acellam, the court upheld the decision of the Electoral Commission to maintain the nominations of all candidates, including those challenged by the petitioner, Bwowe Ivan.
The petition stemmed from nominations conducted on 22nd and 23rd October 2025, where the petitioner and the 2nd to 8th respondents were nominated to contest for the position of Member of Parliament for Nakawa Division West. The petitioner objected to the nomination of the other candidates on grounds that their nomination papers indicated the constituency as “Nakawa West” instead of the official “Nakawa Division West”, which he argued rendered their nominations invalid since “Nakawa West” allegedly does not exist.
Following the complaint, the Electoral Commission rejected the objection, describing the discrepancy as a clerical error that was corrected in line with its statutory powers. Dissatisfied, Bwowe Ivan appealed to the High Court.
In his ruling, Justice Acellam agreed with the Electoral Commission and the respondents, holding that the error in the naming of the constituency amounted to a minor irregularity or misnomer that could lawfully be cured under Section 15 of the Electoral Commission Act and Section 29(2) of the Parliamentary Elections Act.
The judge emphasized that courts must prioritize substantive justice over procedural technicalities, especially in electoral matters. He warned that allowing the petition would unfairly deny voters of Nakawa Division West the right to choose their representative through the ballot.
“To allow the appeal would be denying the voters of Nakawa Division West Constituency the opportunity of choosing their representative to Parliament,” Justice Acellam ruled, adding that democracy requires candidates to subject themselves to the will of the electorate rather than seek office through technical exclusions.
The court further noted that the petitioner himself had been declared nominated under documents referring to “Nakawa West”, yet he did not raise any objection to his own nomination on that basis. This, the judge observed, weakened his argument that the constituency name was fatal to the nomination process.
Justice Acellam also agreed with the respondents’ position that “Nakawa West” and “Nakawa Division West” are commonly used interchangeably and refer to the same constituency. He found that the control forms and other official records clearly indicated the correct constituency name, and that the clerical error caused no confusion or prejudice.
Relying on the Supreme Court decision in Kasangaki Diana v Fulgensia Tumwesigye (Civil Application No. 21 of 2023 [2025] UGSC 27), the court reaffirmed that clerical errors should not override substantive justice where they can be explained or corrected.
In conclusion, the High Court dismissed the petition in its entirety, upheld the Electoral Commission’s decision, and ordered that each party bears its own costs.
