Court nullifies Nankwanga’s election, declares Aminah Mutesi Bugweri Woman MP

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The High Court in Iganga has nullified the election of Stella Maris Nankwanga as Bugweri District Woman Member of Parliament and declared her first runner-up, Aminah Mutesi Nalugoda, the duly elected MP.

Justice Simon Peter Kinobe ruled that Nankwanga did not present the required academic documents to the Electoral Commission at the time of her nomination for the January 15, 2026, parliamentary elections.

In his judgment delivered on November 13, 2026, Kinobe found that the academic documents Nankwanga presented, including a Post Basic Diploma in Public Health, did not establish that she met the minimum education requirement for election to Parliament.

The judge consequently declared that Nankwanga was not qualified for election and that her election was invalid.

He directed the Electoral Commission to declare Mutesi, who came second with 13,683 votes, the duly elected Woman MP for Bugweri district.

Nankwanga had won the election with 15,151 votes, while another candidate, Mercy Walukamba, polled 10,767 votes.

The court also ordered Nankwanga and the Electoral Commission, the first and second respondents respectively, to share the costs of the petition equally.

Mutesi had petitioned the court on March 5, 2026, challenging Nankwanga’s academic qualifications. She argued that Nankwanga did not possess the minimum academic qualification of Advanced Level standard or its equivalent, as required by the Constitution and the Parliamentary Elections Act.

Mutesi contended that the Post Basic Diploma in Public Health certificate presented by Nankwanga at nomination was not recognised by the National Council for Higher Education (NCHE) as equivalent to Advanced Level.

She also challenged Nankwanga’s Certificate in Mental Health Nursing, arguing that she had not presented an NCHE certificate of equivalence to the Electoral Commission at the time of nomination.

Nankwanga opposed the petition, arguing that she possessed the required academic qualifications, including an Ordinary Level certificate, a certificate and transcript in Mental Health Nursing from Butabika School of Psychiatric Nursing, and a Diploma in Public Health from Medicare Health Professionals College.

She maintained that her nursing qualifications were recognised under the 2015 legal notice on academic qualifications equivalent to Advanced Level and did not require a separate certificate of equivalence.

Regarding the Public Health qualification, Nankwanga argued that the initial certificate and transcript had been incorrectly described as a Post Basic Diploma, but the college later corrected the documents to reflect a Diploma in Public Health.

The Electoral Commission also opposed the petition, arguing that the complaint about Nankwanga’s academic qualifications was a pre-election matter that had been brought to its attention and handled.

In determining the petition, Justice Kinobe first considered whether the court had jurisdiction to hear the matter, given the respondents’ argument that the dispute over Nankwanga’s academic qualifications should have been resolved before polling.

The respondents argued that Mutesi’s agent, Majidu Byakuno, had lodged a complaint with the Electoral Commission challenging Nankwanga’s nomination but failed to attend the hearing convened to consider it.

The Commission said it had invited the complainant and Nankwanga to a hearing scheduled for January 12, 2026, but the complaint was not pursued.

However, the judge found that although the complaint had been lodged and a hearing scheduled, the Electoral Commission did not make a decision on its merits.

He held that the Commission had a legal duty to examine and determine the complaint, notwithstanding the complainant’s failure to attend the hearing.

Justice Kinobe noted that a person could appeal to the High Court against a decision of the Electoral Commission, but Mutesi could not appeal against a decision that had never been made.

He relied on previous Court of Appeal decisions, including Omara Yuventine versus Ariko Johnny De West, in which the court held that the Electoral Commission must make a decision on complaints concerning the electoral process.

The judge consequently dismissed the respondents’ preliminary objection and proceeded to determine whether Nankwanga had the required academic qualifications.

On the Certificate in Mental Health Nursing, the court considered the 2015 legal notice recognising certain nursing and midwifery qualifications as equivalent to Advanced Level.

However, Justice Kinobe held that a candidate relying on such qualifications was required to obtain a certificate of equivalence from the NCHE and present it to the Electoral Commission at nomination.

The court also examined Nankwanga’s Diploma in Public Health qualification from Medicare Health Professionals College.

Evidence before the court showed that Nankwanga had requested the college to correct errors in her certificate and transcript on December 3, 2025, after the parliamentary nominations held on October 22 and 23, 2025.

The college responded on January 5, 2026, confirming that she had obtained a Diploma in Public Health and would issue corrected academic documents.

However, the judge found that the corrected certificate and transcript were issued after the nomination exercise, while the document presented at nomination described the award as a Post Basic Diploma in Public Health.

The court considered correspondence from the NCHE confirming that the Post Basic Diploma in Public Health was not among the programmes accredited by the council.

Justice Kinobe held that a candidate was required to possess and present the relevant academic qualifications at the time of nomination, and that documents obtained or corrected later could not retrospectively cure a failure to meet the requirements.

He relied on previous court decisions, including Haji Abdul Naduli versus Electoral Commission, which established that the required academic qualifications and evidence of them must be available on the date of nomination.

The judge concluded that Nankwanga had not presented the required academic documents at nomination and was therefore not qualified for election as Bugweri District Woman MP.

In determining the appropriate remedy, the court considered Section 82(6) of the Parliamentary Elections Act, which empowers the High Court to declare another candidate duly elected where the person declared winner was not duly elected.

The court examined the election results and found that Nankwanga had polled 15,151 votes, Mutesi 13,683 votes and Walukamba 10,767 votes.

Justice Kinobe noted that after excluding Nankwanga from the contest, Mutesi had obtained the highest number of votes among the remaining candidates.

He relied on the Court of Appeal decision in Wakayima Musoke Nsereko and Another versus Kasule Robert Sebunya, which addressed the court’s power to declare another candidate duly elected after finding that the declared winner was not qualified.

The judge also referred to Hon. Ogwari Polycarp versus Ochwa David, in which the Court of Appeal held that the High Court should determine who was entitled to the parliamentary seat instead of automatically ordering a fresh election.

The court therefore set aside Nankwanga’s election and declared Mutesi the duly elected Woman Member of Parliament for Bugweri District.