The Forum for Democratic Change (FDC) has accused the Judiciary of inconsistency in handling parliamentary election petitions, warning that contradictory rulings could undermine public confidence in the courts and the credibility of electoral processes. In a media briefing held on November 02, 2026, FDC Vice Chairperson Centenary Robert Franco criticised rulings involving parliamentary election disputes in Masaka and Bukimbiri. The party cited cases in which courts allegedly applied different standards when handling election recount applications and challenges to parliamentary election outcomes.
The FDC cited three recount disputes handled by Masaka Magistrate’s Court, presided over by Magistrate Herbert Asiimwe, as evidence of what it described as inconsistent judicial decisions. In Kalungu East, an application by NRM flag bearer Vincent Bamulangaki Ssempijja for a recount against NUP’s Yusuf Nkeretanyi was granted on grounds that seals on some ballot boxes had been tampered with. However, when broken seals were discovered, the magistrate reportedly declined to proceed with the recount.
The party questioned why the same magistrate allowed a recount in the Masaka City Woman MP election petition involving Justine Nsubuga Nameere and Rose Nalubowa, despite the discovery of nine ballot boxes with broken or tampered seals. According to the FDC, the magistrate ordered the affected ballot boxes to be set aside and the recount to proceed using the remaining boxes, eventually declaring Nameere the winner. The decision was subsequently challenged in the High Court in Masaka.
The FDC also criticised an October 19, 2026 ruling by Justice Farouq Lubega of the High Court in Kabale in an election petition filed by its Bukimbiri candidate, James Owebeyi Mugyemano, against incumbent Eddie Kwizera Wa-Gahungu and the Electoral Commission. The court ruled that Owebeyi lacked the legal standing to pursue the petition because of questions surrounding his citizenship and the certification of his nomination documents.
The FDC argues that Owebeyi had previously been cleared and nominated by the Electoral Commission, had been issued a national identity card and appeared on the National Voters Register. Franco said the candidate had contested for the Bukimbiri parliamentary seat three times, with the Electoral Commission clearing him on each occasion, and that citizenship concerns only arose after he challenged the alleged deletion of his name from the voters’ register.
The party accused Electoral Commission returning officers of negligence in the tallying of parliamentary election results, saying the omission of polling stations from final tallies can create grounds for election petitions and subsequent court challenges. It cited the 2016 Kyadondo County East parliamentary election and the 2026 Gomba East parliamentary election dispute as examples.
The FDC called on Parliament to enact electoral reforms that would hold returning officers personally liable for proven negligence or misconduct in the declaration of election results. The party also expressed solidarity with its leaders facing election petitions, including Kitgum Municipality MP Denis Amere Onekalit, who is defending his victory against NRM Minister Beatrice Atim Anywar.
Key points
- The FDC party accuses the Ugandan Judiciary of inconsistent handling of parliamentary election petitions.
- The party cites different approaches taken in three cases in Masaka, raising questions about the consistent application of electoral laws.
- The FDC calls for electoral reforms to hold returning officers personally liable for negligence or misconduct in declaring election results.
