The Supreme Court has dismissed an application seeking to halt all elections scheduled for 15 January 2026, including the presidential poll, ruling that it lacks the constitutional mandate to intervene in pre-election disputes.
The application, filed under Civil Application Nos. 23 and 24 of 2025, was brought by Mukisa Patrick against the Attorney General, the Electoral Commission, and President Yoweri Kaguta Museveni. It arose from earlier Supreme Court matters, including Presidential Election Petition No. 1 of 2016 and Civil Application No. 005 of 2019.
Mukisa sought a series of declarations based on past Supreme Court decisions related to the 2016 presidential election and asked the Court to restrain the Electoral Commission from proceeding with the forthcoming polls.
In effect, he requested pre-emptive judicial intervention to address alleged constitutional and electoral concerns, despite not being a presidential candidate or a person authorised under the Constitution to file a presidential election petition.
The matter was heard by a seven-member panel comprising Lady Justice Prof. Lillian Tibatemwa-Ekirikubinza, Justice Mike Chibita, Justice Stephen Musota, Justice Christopher Madrama Izama, Lady Justice Catherine Bamugemereire, Lady Justice Monica Mugenyi, and Justice Muzamiru Mutangula Kibeedi. The Justices considered both oral and written submissions, as well as the pleadings on record.
In its ruling, the Court found the application incompetent on several grounds. It held that the applicant lacked locus standi to invoke the Supreme Court’s original jurisdiction, emphasizing that Article 104 of the Constitution applies strictly to post-election presidential petitions filed by aggrieved candidates.
The Court further ruled that the dispute was pre-election in nature, a category over which the Supreme Court has no original jurisdiction. Under Article 132 of the Constitution, the Court’s mandate is primarily appellate.
Pre-election complaints, the Justices noted, fall within the jurisdiction of the Electoral Commission, with appeals lying to the High Court.
The Court also held that it has no authority to issue an injunction restraining the holding of presidential elections, stating that such an order would contradict the mandatory constitutional duty of the Electoral Commission under Article 61(2) to organize and conduct elections.
Additionally, the Justices found that the sitting President had been improperly sued, citing constitutional provisions on presidential immunity. Proceedings against the third respondent were accordingly struck out.
The application was dismissed with no order as to costs, clearing the way for the 15 January 2026 elections to proceed as scheduled.
