High Court upholds Ongiertho election as Nebbi Municipality MP
In a judgment delivered electronically on November 3, 2026, Lady Justice Celia Nagawa ruled that Sulaiman had failed to prove that the alleged electoral irregularities substantially affected the outcome of the election, as required under the Parliamentary Elections Act.
The High Court in Arua has upheld the election of Emmanuel Ongiertho Jor as Member of Parliament for Nebbi Municipality. (Courtesy photo)
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The High Court in Arua has upheld the election of Emmanuel Ongiertho Jor as Member of Parliament for Nebbi Municipality, dismissing an election petition filed by his challenger, Hashim Sulaiman, over alleged irregularities during the January 15, 2026, parliamentary elections.
In a judgment delivered electronically on November 3, 2026, Lady Justice Celia Nagawa ruled that Sulaiman had failed to prove that the alleged electoral irregularities substantially affected the outcome of the election, as required under the Parliamentary Elections Act.
The court consequently confirmed Ongiertho's election, maintaining the results declared by the Electoral Commission, in which he secured 6,042 votes against Sulaiman's 5,168, giving him a winning margin of 874 votes.
The other candidates in the race were Ronald Alfred Olar, who obtained 387 votes, and Denis Donge Ruva, who received 82 votes.
Sulaiman had challenged the election on several grounds, including the alleged unlawful transfer of voters from Jonam County in Pakwach district to Nebbi municipality, disenfranchisement of legitimate voters, voter bribery, transportation and accommodation of voters, and intimidation and violence against his supporters.
Hashim Sulaiman, whose petition against the election of Emmanuel Ongiertho Jor was dismissed. (Courtesy photo)
He also questioned Ongiertho's eligibility to contest in Nebbi Municipality, arguing that his transfer of voter registration from Jonam County, where he had previously served as Member of Parliament, was unlawful.
However, Justice Nagawa found that the petitioner had not proved that Ongiertho's transfer of voter registration was unlawful or that his previous representation of Jonam County disqualified him from contesting in Nebbi Municipality.
The court observed that Ongiertho's previous constituency and subsequent nomination in Nebbi were matters of public knowledge that could have been challenged before polling through the Electoral Commission's statutory complaint mechanism.
On allegations of mass voter transfers, the court acknowledged evidence indicating substantial political mobilisation and the movement of people from Pakwach district to Nebbi municipality shortly before polling.
However, it ruled that the petitioner had failed to establish that the people transported were unlawfully registered, actually voted or cast their ballots in favour of Ongiertho.
The court also rejected Sulaiman's request to deduct 1,865 disputed votes from Ongiertho's total, observing that there was insufficient evidence to establish that all the identified individuals had voted illegally or supported the first respondent.
Justice Nagawa further noted that the petitioner had not established the number of legitimate voters who were unlawfully prevented from voting or demonstrated that the alleged irregularities affected the declared winning margin of 874 votes.
On allegations of intimidation and violence, the court observed that there were serious concerns that confrontations and assaults may have occurred during the campaign period.
However, it found that the evidence did not sufficiently establish that the alleged attackers acted on behalf of Ongiertho or with his knowledge, consent or approval, or that the incidents substantially affected the election outcome.
EC faulted over missing voter transfer records
Despite dismissing the petition, the court strongly criticised the Electoral Commission for failing to produce voter transfer records requested by the petitioner.
The judge observed that the Commission, as the statutory custodian of voter registration records, was best placed to provide the relevant documents, including transfer applications and supporting records.
The court noted that Sulaiman had made repeated written requests on February 5, March 9, and April 14, 2026, but the Commission had failed to provide the requested documents or offer a satisfactory explanation for their absence.
The court also expunged an affidavit sworn by Nebbi district returning officer Denis Obong after finding irregularities in its commissioning.
Obong had testified that he signed the affidavit at Wampewo Close in Kololo, although the document indicated that it had been sworn in Arua. The affidavit also failed to disclose the name and designation of the Commissioner for Oaths before whom it had been commissioned.
The court ruled that the affidavit did not comply with statutory requirements and could not form part of the evidence used to determine the petition.
Nevertheless, the judge emphasised that the Commission's failure to produce the records and the expunging of its returning officer's affidavit did not automatically prove the petitioner's allegations.
EC ordered to pay part of petitioner's legal costs
In a notable aspect of the judgment, the court ordered the Electoral Commission to pay 50 percent of the taxed costs incurred by Sulaiman in pursuing the petition.
Justice Nagawa said the Commission's failure to produce relevant voter transfer records and its failure to ensure that the returning officer's affidavit complied with legal requirements contributed to the uncertainty surrounding the case and unnecessary litigation costs.
The court awarded a certificate of costs for two lawyers representing the petitioner, citing the national importance and complexity of the case.
Ongiertho, however, was not awarded any costs.
In its final orders, the High Court dismissed the petition, confirmed Ongiertho's election as Member of Parliament for Nebbi Municipality and declined requests to annul the election, declare the parliamentary seat vacant or order a fresh election.