By Nomad Advocates
Bwowe Ivan filed a legal appeal in Pre-Election Appeal No. 08 of 2025: Bwowe Ivan v. The Electoral Commission & Others, regarding the nomination of candidates for the Nakawa Division West Constituency in Uganda. The appeal was against the Electoral Commission’s decision to uphold the nomination of candidates for Nakawa Division West. The petitioner, Bwowe Ivan, claims the other candidates were nominated for a non-existent constituency, Nakawa West, instead of Nakawa Division West. The case was heard by Hon. Justice Collins Acellam, at the High Court of Uganda.
As background information, the petitioner and respondents were nominated on October 22-23, 2025, for the parliamentary position of Member of Parliament. The nomination papers of respondents incorrectly listed the constituency as Nakawa West instead of Nakawa Division West per the designations in the Uganda Gazette. The Returning Officer endorsed the nominations despite the discrepancies.
Bwowe Ivan first complained to the Electoral Commission, which dismissed the complaint as a mere misnomer and validated the nomination of the Respondents; hence, the appeal to the High Court of Uganda. The petitioner argued that the Electoral Commission lacked the authority to validate nominations for a non-existent constituency. The respondents contend that the error was a clerical misnomer and did not affect the validity of their nominations. The court considered whether the Electoral Commission acted within its powers to correct the nomination papers.
Court’s Findings
The High Court found that the Electoral Commission had the authority to correct clerical errors in nomination papers. It ruled that the names Nakawa West and Nakawa Division West were used interchangeably and did not cause confusion. The court emphasized the importance of allowing voters to choose their representatives rather than disqualifying candidates over minor errors.
The petition was therefore dismissed, and the Electoral Commission’s decision to uphold the nominations was upheld. Each party was ordered to bear their own costs. Case reported in https://ulii.org/en/akn/ug/judgment/ughccd/2026/5/eng@2026-01-08
For commentary about this decision, please send feedback to Nomad Advocates at info@nomadadvocates.com www.nomadadvocates.com