Masaka High Court is set to determine about 15 election petitions arising from contested general elections in Greater Masaka, raising political tension across the sub-region.
The petitions challenge several parliamentary victories in Masaka, Ssembabule, Bukomansimbi and other parts of Buddu, commonly known as Greater Masaka.
The cases come at a time when political debate in the region remains heated. During his Easter homily, Masaka Catholic Bishop Serverus Jjumba warned politicians against blocking the will of the people.
Without naming any politician, Bishop Jjumba said some leaders had forced their way into power without the mandate of voters.
Nameere Victory Faces Court Challenge
One of the closely watched petitions involves Ms Justine Nameere, the junior Local Government minister and Masaka City Woman Member of Parliament.
Her victory is being challenged by Ms Rose Nalubowa of the National Unity Platform (NUP).
Ms Nalubowa contests the manner in which Mr Albert Asiimwe, the Masaka Chief Magistrate, overturned her victory and declared Ms Nameere the winner.
During President Museveni’s campaign in the area late last year, Ms Nameere reportedly told him that attendance at his rallies was low because Opposition supporters had threatened government supporters.
Ms Nalubowa later filed a petition after gathering what she described as “certified documents and substantial evidence.”
Before the petition, she had filed a review application at the High Court in Masaka City. She asked the court to review Mr Asiimwe’s decision to declare Ms Nameere the winner.
Nalubowa Questions Judge Allocation
The review application exposed Ms Nalubowa’s concerns about the Judiciary.
After Principal Judge Jane Frances Abodo allocated the matter to acting Judge Simon Peter Kinobe, Ms Nalubowa’s legal team asked him to recuse himself.
They argued that Judge Kinobe had registered as an NRM member and had also participated in the ruling party’s primaries in 2020.
Judge Kinobe declined to step aside, saying he was independent.
Ms Nalubowa later withdrew the application and criticised the Judiciary for assigning a Kampala-based judge to hear a Masaka matter.
She argued that Masaka had its own judges and did not need a judge brought from the High Court’s Civil Division in Kampala.
It remains unclear which judge Ms Abodo will appoint to hear Ms Nalubowa’s main petition.
The stakes have also risen following claims by Ms Nameere and Mr Haruna Kasolo, the NRM vice chairperson for Buganda region, that President Museveni gave directives to Mr Asiimwe to declare Ms Nameere winner “by hook or crook.”
Namutaawe Ready to Defend Masaka District Win
In Masaka District, NUP’s Joan Namutaawe is also preparing for a legal battle.
Ms Namutaawe, who retained the Masaka District Woman Representative seat, faces a petition from NRM’s Joanita Nalule.
Ms Nalule claims the Electoral Commission twisted figures in favour of Ms Namutaawe.
She also argues that because the NRM swept Local Government elections in Masaka District, she should have won the parliamentary race.
The Local Government elections were largely boycotted by Opposition voters.
After the Electoral Commission declared Ms Namutaawe winner, some of Ms Nalule’s supporters asked President Museveni to intervene and have the result overturned.
Ms Namutaawe dismissed the claims and said she is ready to defend her victory in court.
“They are shameless because they tried to cheat me, and they failed. I will also defeat them in court,” Ms Namutaawe said.
Tumwebaze Challenges Sodo Victory in Mawogola North
Another major petition before Masaka High Court targets the victory of Mr Godfrey Aine Kaguta, also known as Sodo, in Mawogola North, Sembabule District.
The petition was filed by Mr John Jet Tumwebaze, a partner at Kampala Associated Advocates.
Mr Tumwebaze accuses Sodo, who is President Museveni’s half-brother, of lacking the required academic qualifications to serve as a Member of Parliament.
Under the Ugandan Constitution, a parliamentary candidate must have completed at least Advanced Level education, Senior Six, or its equivalent.
Before polling day, Mr Tumwebaze asked the Electoral Commission to provide certified copies of Sodo’s academic documents.
“I would like to satisfy that the said Mr Aine [Sodo] is qualified to be a Member of Parliament in accordance with Article 80 (1) (c) of the Constitution of the Republic of Uganda and sections 4 1 (c) and 30 (c) of the Parliamentary Elections Act Cap 77,” Mr Tumwebaze wrote.
He added: “In accordance with Article 41 of the Constitution of the Republic of Uganda and Sections 4, 5 and 10 of the Access to Information Act Cap 95 revised laws, I hereby request certified copies of all academic documents submitted by the said Mr Aine to the EC upon which he was nominated.”
Mr Tumwebaze also alleges that voting in Ssembabule was marred by military interference.
He claims UPDF soldiers stormed polling centres and stuffed ballot boxes with pre-ticked ballot papers.
“At most polling stations, there were more votes cast than registered voters. In Ssembabule, the ballot papers were available in the black market, and someone from the EC dared to reach out and give me an offer for buying them on the eve of election day,” Mr Tumwebaze said after the elections.
Ssembabule Woman MP Race Draws Two Petitions
Masaka High Court will also handle two petitions challenging the victory of NRM’s Florence Nambaziira as Ssembabule District Woman Representative.
The first petition was filed by Ms Mary Begumisa, who ran as an Independent after losing to Ms Nambaziira in the NRM primaries.
Ms Begumisa claims Ms Nambaziira lacks the minimum academic qualifications required for Parliament.
She also alleges that the army tilted the election in Ms Nambaziira’s favour.
In her petition, Ms Begumisa lists the Electoral Commission as the second respondent. She accuses the commission of failing to conduct the January 15 election in accordance with the law.
She argues that the outcome did not reflect the true will of voters because of alleged electoral malpractices.
Official results showed Ms Nambaziira winning with 61,638 votes, representing 56.16 percent of votes cast.
Ms Begumisa came second with 24,495 votes, or 22.32 percent. Musician-turned-politician Nina Kakunda, also known as Nina Roz, received 15,345 votes. Esther Kyinkuhaire polled 8,281 votes.
Ms Begumisa says Ms Nambaziira does not possess the Uganda Advanced Certificate of Education or its equivalent.
In her affidavit, she says Ms Nambaziira’s nomination documents did not show evidence of formal primary or secondary education.
Instead, she claims Ms Nambaziira relied on Basic Vocational Education and Training certificates in hairdressing issued by the Directorate of Industrial Training.
Ms Begumisa argues that those qualifications do not meet the equivalence standard of A-Level education.
She also says the training hours cannot match the six years of formal secondary education required for eligibility to Parliament.
NUP’s Nina Roz has also filed a petition challenging Ms Nambaziira’s victory. She claims “the army did the voting, not the common man.”
More NUP Petitions Head to Court
Still in Ssembabule, NUP’s Gorreth Namugga has challenged the victory of NRM’s Oswald Dez Byuma in Mawogola South.
Ms Namugga also alleges that the army, not the voters, determined the result.
NUP’s Geoffrey Lutaaya, who represented Kakuuto County for one term, has also petitioned Masaka High Court.
He is challenging the victory of NRM’s Ismail Lubega Kaka.
Mr Lutaaya, a musician and politician, accuses the Electoral Commission and the NRM of using state machinery to alter results in Mr Lubega’s favour.
He also claims that 909 votes from three polling stations were disregarded.
In Bukomansimbi, NUP’s Veronica Nanyondo has challenged NRM’s Ruth Katushabe’s victory in the District Woman Representative race.
Ms Katushabe won by 206 votes.
Ms Nanyondo, who was seeking a fourth term, insists that the victory was fraudulent.
After the election, the Masaka Chief Magistrate dismissed Ms Nanyondo’s application seeking a vote recount.
The High Court petitions are now expected to test several disputed victories across Greater Masaka and determine whether the declared results will stand.