Nalubowa to Appeal High Court Ruling Upholding Nameere’s Election Victory

Lawyers representing former National Unity Platform (NUP) candidate for Masaka City Woman MP Rose Nalubowa have resolved to appeal a High Court ruling that upheld State Minister for Local Government Justine Nameere’s victory in the January 15 parliamentary election.

Samuel Mulindwa Muyizi and Alexander Lule say they have received instructions from Nalubowa to challenge the judgment delivered by Justice Bernard Namanya, arguing that it raises concerns about the administration of electoral justice. Speaking to journalists after receiving the judgment on Wednesday, Lule questioned the decision to uphold Nameere’s victory despite the court’s finding that the vote recount did not fully comply with electoral laws.

Nalubowa had challenged the Masaka Chief Magistrate’s decision to order a recount outside the statutory 14-day period following the declaration of election results. She also faulted the magistrate for proceeding with the recount despite findings that several ballot boxes had been tampered with while in the Electoral Commission’s custody.

In his judgment, Justice Namanya agreed that the recount had not fully complied with electoral laws but emphasised that irregularities alone are insufficient to overturn an election unless they substantially affect the outcome. The judge noted that the Chief Magistrate had presented a certified record of the recount proceedings showing that results from nine affected polling stations were excluded after election materials were found to have been tampered with.

However, Lule argues that upholding the results despite the irregularities sets an undesirable legal precedent that could undermine the integrity of future elections.

Muyizi said the appeal would provide an opportunity to challenge what the lawyers consider a troubling interpretation of electoral law. He also said they intend to raise concerns about alleged bullying and threats they encountered while representing Nalubowa, urging the judiciary to address what he described as unacceptable conduct by external forces against lawyers handling election petitions.

However, Sam Ssekyewa, one of the lawyers who represented Nameere, said Nalubowa was entitled to appeal the decision and that their team was prepared to defend the minister’s victory before the Court of Appeal. Ssekyewa said they had studied the judgment and appreciated the legal principles outlined by the High Court judge, adding that they believed overturning the decision would be difficult.