Nalukoola Court Appeal has officially reached the Court of Appeal. Ousted Kawempe North MP Elias Lukwago Nalukoola is challenging the High Court decision that nullified his by-election victory. He filed the appeal on June 10, 2025, aiming to reverse Justice Bernard Namanya’s judgment delivered on May 26.
The High Court ruled that Nalukoola, a member of the National Unity Platform (NUP), violated electoral laws. He responded by lodging a formal notice indicating his intent to appeal the ruling.
“I, Elias Lukwago Nalukoola… being dissatisfied with the judgment of Hon. Justice Bernard Namanya… intend to appeal to the Court of Appeal against the whole of the said decision,” the document stated.
Nalukoola had secured the seat during a March 13 by-election, which followed the death of Muhammad Ssegirinya. However, Faridah Nambi of the National Resistance Movement (NRM) contested his win in court. The challenge led to the nullification of his victory.
Why the High Court Nullified the Election
Justice Namanya based the ruling on allegations that Nalukoola campaigned at polling stations on election day. According to Section 100 of the Parliamentary Elections Act, this behavior is unlawful. Witnesses placed him at Kazo Angola LCI and Mbogo Primary School between 11 a.m. and noon.
“The law does not permit the 1st respondent to deny generally,” Justice Namanya wrote. “When evidence is not challenged, it is deemed to be admitted.”
The judge also cited the Electoral Commission for failing to count votes from 14 polling stations. Violence disrupted the process, leaving over 16,000 voters—including the petitioner—disenfranchised. The judge ruled that the commission should have postponed counting or tallying instead of abandoning it.
Implications of the Nalukoola Court Appeal
The Nalukoola Court Appeal adds to the growing list of post-election legal battles involving the NUP. Since 2021, the party has faced multiple election petitions. Each case highlights concerns about electoral transparency and the fairness of Uganda’s judicial process.
Analysts believe this appeal could change how courts handle election-related offenses. A successful ruling might return Nalukoola to Parliament and strengthen voter confidence. A failed attempt, however, could reinforce the High Court’s interpretation of the election law.
The appeal isn’t just about Nalukoola. It reflects broader frustrations among voters and opposition supporters, many of whom feel the system favors incumbents.
Spotlight on the Electoral Commission
The Electoral Commission’s handling of the by-election has come under scrutiny. The court criticized it for not conducting a full vote tally. Justice Namanya said the commission had the legal option to delay counting, which it failed to do.
This failure raises questions about the commission’s independence and ability to handle electoral violence. Critics argue that such missteps erode public trust and discourage voter participation.
As this case proceeds, it also brings into focus the growing demand for electoral reforms. The Nalukoola Court Appeal underscores how flawed systems can deny representation to thousands.
What the Future Holds
The Court of Appeal will now review the evidence and determine whether to reinstate Nalukoola or uphold the nullification. The Electoral Commission has yet to set a date for a new by-election. That decision will depend on the outcome of the appeal.
This legal process may decide more than just a single seat. It could reshape expectations around campaign conduct, electoral accountability, and how courts protect or overturn democratic outcomes.
Throughout Uganda, political observers are watching closely. The Nalukoola Court Appeal could set a precedent for how far courts are willing to go in defending electoral integrity.
By integrating this appeal into Uganda’s broader political landscape, it becomes clear that this is not just a legal issue. It is a moment that tests the resilience of institutions, the meaning of voter choice, and the future of democratic participation in contested constituencies like Kawempe North.
In related developments, the Uganda Police land dispute in Lira City has sparked a legal clash as reported here, while Eron Kiiza has appealed to the High Court over a delayed passport as detailed here. Meanwhile, Kampala robbery suspects have been spotlighted in an ongoing investigation, covered here, and the Attorney General’s office has responded to concerns about MPs holding dual offices, explored here.
