Court quashes NRM tribunal ruling, reinstates Akamba as Busiki flagbearer

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With just days to parliamentary nominations, the High Court has overturned the National Resistance Movement (NRM) elections disputes tribunal ruling and reinstated incumbent MP Paul Akamba as the party’s official flagbearer for Busiki County in Namutumba district.

The decision, delivered by Justice Collins Acellam, nullified the tribunal’s August 19, 2025, ruling that had declared Joel Waiswa Azalwa as the NRM candidate.

In his ruling on October 17, 2025, the judge described the tribunal’s actions as “procedurally improper, illegal, irrational, and a breach of the principles of natural justice,” thereby restoring Akamba’s political lifeline.

According to the Electoral Commission, parliamentary nominations are scheduled for October 22-23, 2025.

The controversy began after the NRM primaries held on July 18, 2025. Initially, Akamba was declared the winner by the NRM registrar with 34,265 votes, defeating Azalwa, who had polled 32,315.

But in a surprising reversal the next day, the same registrar issued a new declaration showing Azalwa had instead won with 35,249 votes against Akamba’s 34,269.

This conflicting result sparked a legal challenge. The tribunal received petitions No. 406/2025, No. 425/2025, and No. 120/2025, filed by Ibrahim Basuuta and Julius Kigengy, respectively, all contesting the declaration of Azalwa as the Busiki Constituency flagbearer. The petitions were consolidated and heard together.

On August 19, 2025, the NRM tribunal dismissed Akamba’s petition and upheld Azalwa as the rightful flagbearer.

Akamba, however, rejected the ruling and filed a judicial review application in the High Court, accusing the tribunal and the party registrar of violating due process.

Central to his complaint was that he had been excluded from a crucial vote recounting exercise, a process he claimed was used to alter results in favour of Azalwa, including from non-existent polling stations such as Kangulumo A zone , Isegero, and Nakawunzo.

Justice Acellam found merit in Akamba’s arguments, noting that the registrar had no legal authority to rescind Akamba’s initial declaration, having already completed his administrative function and was therefore functus officio.

He stated that the procedure used for retallying and resolving Akamba’s petition without allowing him to witness the exercise was procedurally illegal, irregular, and irrational, particularly since the tribunal was aware that the controversy centred on the failure to properly tally results.

He further noted that the district registrar violated Akamba’s right to a fair hearing by declaring the second respondent without giving him an opportunity to know why his victory was cancelled.

“Even if the registrar had the power to re-tally, doing so without hearing from Akamba was procedurally improper,” he added.

The High Court not only quashed the tribunal’s ruling but also ordered the NRM to immediately reinstate Akamba as the party flagbearer.

It further directed the NRM and its officials to provide Akamba with the party flag and all necessary documentation to participate in the upcoming elections.

Following the court order, NRM electoral commission chairperson Dr Tanga Odoi officially communicated the change to the party’s secretary general, Richard Todwong.

“This is to inform you that following the directive of the High Court and the NRM Elections Disputes Tribunal, Mr Waiswa Joel Azalwa is no longer the NRM flagbearer for Member of Parliament, Busiki County. Instead, Paul Akamba is the duly elected flagbearer for the constituency,” read the notice, which was also copied to district and party officials in Namutumba.