Justice Allan Nshimye has faulted the Electoral Commission over errors in nomination documents issued to candidates in the Nakawa West parliamentary election, warning that such mistakes could create opportunities for abuse of the electoral process. 
The judge made the observation while dismissing an election petition filed by Ivan Bwowe challenging the nomination of Nakawa West MP Joel Ssenyonyi. 
In his judgment, Justice Nshimye noted that the Commission had incorrectly indicated “Nakawa West Constituency” instead of “Nakawa Division West Constituency” on the declaration of nominated candidates forms issued to contestants. 
He said the error contributed to the dispute raised by Bwowe, but the petitioner had failed to present sufficient evidence to establish that the Commission’s actions amounted to non-compliance with electoral laws. 
The judge warned that mistakes of this nature could have more serious implications if left unchecked. He observed that officials could, for instance, issue a candidate nomination documents bearing the wrong constituency and later allow that candidate to contest in a different electoral area. 
Justice Nshimye emphasised the need for the Commission to ensure that its officials accurately complete statutory nomination forms to prevent similar disputes and possible abuse. 
Despite the criticism, the judge held that Bwowe had not established sufficient grounds to set aside Ssenyonyi’s election. He consequently dismissed the petition and upheld Ssenyonyi’s victory.
“The Electoral commission made a mistake, that has resulted into litigation.” The judge observed. He added that the petition had raised a “pertinent question that is necessary to avoid abuse in the future.” 
On costs, the court ordered the Electoral Commission to pay a quarter of the costs incurred by both Bwowe and Ssenyonyi.