Judge Faults Electoral Commission Over Ssenyonyi Nomination Error

Justice Allan Nshimye has issued a strong warning to the Electoral Commission regarding errors found in statutory nomination documents issued during the Nakawa West parliamentary race.

While delivering a ruling on an election petition filed by Ivan Bwowe, the judge pointed out that the electoral body had mistakenly written “Nakawa West Constituency” instead of the official “Nakawa Division West Constituency” on the declaration of nominated candidates forms.

Justice Nshimye noted that this administrative oversight directly contributed to the legal challenge brought forward by Bwowe. However, the court concluded that the petitioner failed to present sufficient evidence demonstrating that these mistakes amounted to actionable non-compliance with the electoral laws.

Addressing the broader implications of such blunders, the judge cautioned that unchecked paperwork errors could potentially open doors to abuse within the electoral process. He highlighted a hypothetical scenario where mismatched constituency names on nomination papers could wrongly permit a candidate to contest in a different area entirely.

Consequently, the court emphasized the absolute necessity for the Electoral Commission to exercise greater diligence in ensuring statutory forms are accurately filled out by officials.

Despite faulting the electoral body, Justice Nshimye dismissed Bwowe’s petition, thereby upholding the election victory of Nakawa West MP Joel Ssenyonyi. On the matter of legal expenses, the court ordered the Electoral Commission to cover a quarter of the costs incurred by both the petitioner and the respondent.

More details can be found in the original report on Nile Post.