Former Forum for Democratic Change (FDC) parliamentary candidate James Owebeyi has announced plans to appeal against a High Court decision dismissing his petition challenging the election of Bukimbiri County MP Eddie Kwizera Wagahungu.
Kabale High Court Judge Justice Dr Farouq Lubega dismissed the petition on Monday, October 19, ruling that Owebeyi had failed to establish his Ugandan citizenship and valid nomination, leaving him without the legal standing required to challenge the election.
Speaking to our reporter on Tuesday, Owebeyi described the judgment as erroneous and vague, expressing confidence that the Court of Appeal would overturn the decision and grant him justice.
He said he intends to file a notice of appeal within seven days and a memorandum of appeal within 14 days.
Owebeyi also questioned the circumstances surrounding the delivery of the judgment, particularly the change in the scheduled date and the decision to communicate the ruling electronically.
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Owebeyi questioned why the judgment, which he said had initially been scheduled for November 2, was delivered on October 19. He also challenged the decision to communicate the ruling by email instead of delivering it in open court, saying he had not been given an explanation for the changes.
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In his ruling, Justice Lubega found that Owebeyi had not sufficiently established his citizenship and valid nomination. The judge also rejected key documents submitted to support his nomination, including his nomination papers and a copy of the Uganda Gazette, on grounds that they were uncertified public documents.
Owebeyi argued that the judgment had not adequately considered the distinct responsibilities of government institutions in matters concerning national identification and citizenship.
He said the National Identification and Registration Authority (NIRA) is responsible for assigning national identification numbers, while citizenship and immigration matters fall under the Directorate of Citizenship and Immigration Control.
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Owebeyi argued that candidates should not be subjected to injustice over national identification numbers they do not control. He added that many Ugandans have national identification numbers beginning with the same letters as his, PF.
The Electoral Commission challenged his citizenship status, citing verification with NIRA. According to the Commission’s submissions, the records classified Owebeyi as a presumed citizen rather than a confirmed Ugandan citizen.
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Owebeyi also questioned why the Electoral Commission had nominated him to contest in the January 2026 parliamentary election if his eligibility was in doubt.
He maintained that any concerns about a candidate’s citizenship and eligibility should be resolved during the nomination process rather than raised on polling day.
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His petition arose from allegations that the Electoral Commission unlawfully removed his name from the voters’ register on polling day, preventing him from voting at Nyabaremura Polling Station in Rubuguri Town Council, Kisoro District.
However, Justice Lubega did not determine whether the alleged removal was lawful or whether it affected the election results. Instead, the petition was dismissed on the preliminary issue of legal standing, without a determination of the substantive allegations.
The court ordered each party to bear its own costs.
Owebeyi said he was prepared to pursue the appeal despite the possibility of incurring additional legal expenses if he loses.
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He said his confidence in the appeal was partly informed by his experience in the 2021 Bukimbiri County parliamentary election petition, which he filed over alleged irregularities involving ballot papers.
Owebeyi had complained that some ballot papers reportedly carried the names of candidates contesting in Ruhinda South County in Mitooma District, despite displaying the correct photographs and party symbols.
Kabale High Court Judge Justice Phillip Odoki dismissed that petition on November 1, 2021. Owebeyi subsequently appealed, and on June 6, 2022, the Court of Appeal overturned the decision and nullified Kwizera’s election.
The appeal was heard by Justices Frederick Egonda-Ntende, Eva Luswata and Christopher Madrama Izama. Justices Egonda-Ntende and Luswata formed the majority that allowed the appeal, while Justice Madrama Izama dissented.
The ruling led to a by-election in May 2022, which Kwizera won to reclaim the seat.
Owebeyi said the previous case demonstrated that a High Court decision could be overturned on appeal. He expressed hope that the Court of Appeal would similarly consider his current case, which he described as strong and requiring constitutional interpretation.
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