The High court in Kampala has thrown out Ivan Bwowe’s petition challenging the nomination of Leader of Opposition (LOP) in Parliament and Nakawa Division West incumbent MP Joel Ssenyonyi and six other aspirants for the Nakawa West seat.
Justice Collins Acellam in a ruling delivered on Thursday ruled that Ivan Bwowe’s petition was an audacious attempt by Bwowe to sneak to parliament to represent a group of people whose mandate he has not obtained.
“To allow the appeal this Court will be denying the voters of Nakawa Division West Constituency the opportunity of choosing their representative to parliament” he said.
Justice Acellam noted that allowing the petition to proceed for the reasons advanced by Bwowe would have the effect of imposing on the voters of Nakawa West, Ivan Bwowe as their representative.
“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” Justice Acellam said.
Justice Acellam further noted that he agreed with the defence counsel for the Respondents that the “Nakawa West” Constituency and “Nakawa Division West Constituency” are one and the same but often used interchangeably.
“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” he said.
Justice Acellam noted that Bwowe didn’t raise the said “anomaly” to the commission or to court since it would mean that he would also not be nominated for Nakawa Division West constituency as he alleged.
“This Petition has not succeeded for the reasons explained above. The only remedy is to have it dismissed. It is accordingly dismissed. The Electoral Commission’s decision is upheld” Justice Acellam ruled.
He further ordered each party to meet their own costs.
In celebration of the court’s ruling, the National Unity Platform (NUP) spokesperson Joel Ssenyonyi quoted the Bible in victory.
“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” Joel Ssenyonyi posted on his X account.
The ruling brings to a close a legal challenge that sought to nullify the nominations of several candidates contesting for the Nakawa Division West parliamentary seat.
Bwowe filed the petition against the Electoral Commission and seven other aspirants: Happy Nasasira, Herbert Anderson Burora, Felix Okuye, Vincent Okumu, Joel Ssenyonyi, Wilberforce Kyambadde and Apuuli Rwamiti.
