The High Court in Kampala has nullified a decision by the National Resistance Movement (NRM) Election Disputes Tribunal that had declared Waiswa Joel Azalwa as the party’s flagbearer for Busiki Constituency ahead of the 2026 parliamentary elections.
In a ruling delivered via email, Justice Collins Acellam described the tribunal’s decision as “null and void”, citing procedural impropriety, illegality, irregularity, irrationality, and a breach of natural justice.
The ruling followed a judicial review application by the incumbent MP Paul Akamba, who said he had initially been declared the winner of the NRM primaries held on July 18, 2025. According to court documents, Akamba garnered 34,265 votes, defeating Azalwa, who had 32,315 votes.
However, a day later, the NRM District Registrar issued a new Declaration of Results Form showing Azalwa with 35,249 votes and Akamba with 34,269, effectively overturning the earlier results. Akamba challenged the reversal before the NRM Election Disputes Tribunal, but the Tribunal dismissed his petition and upheld Azalwa’s candidacy.
Dissatisfied, Akamba turned to the High Court, arguing that the re-tallying process was illegal and biased because he was not given a chance to witness it. He also alleged that votes were falsified in Azalwa’s favour, including results from non-existent polling stations such as Kangulumo Zone A, Isegero, and Nakawunzo.
Akamba further accused the NRM of denying him a fair hearing and acting beyond its powers by rescinding his declared victory. The NRM, through its Director of Legal Services Enoch Barata, opposed the application, saying the Tribunal acted within its mandate and that all parties had been given a fair hearing.
Azalwa also opposed the case, describing it as a disguised election appeal rather than a judicial review. In his judgment, Justice Acellam clarified that judicial review focuses not on the merits of a decision but on how the decision was made. He found that the Tribunal and the NRM Registrar violated Akamba’s right to a fair hearing by conducting the retally without involving him.
“The decision to rescind the Applicant’s victory affects his rights and those of his supporters to choose a leader of their choice,” Justice Acellam ruled. “The District Registrar violated the Applicant’s right to a fair hearing by declaring the second respondent without giving him a chance to know why his victory was cancelled.”
The judge added that even if the Registrar had the power to re-tally, doing so without hearing from Akamba was procedurally improper.
The court therefore quashed the decisions of both the NRM District Registrar and the Election Disputes Tribunal dated August 19, 2025, and reinstated Akamba as the duly elected NRM flagbearer for Busiki Constituency.
The NRM was ordered to issue him the party flag to enable him to contest in the upcoming elections. Interestingly, the NRM Tribunal itself had just reversed its earlier decision and reinstated Akamba on October 14, 2025, a day before the court ruling.
NRM Legal Director Barata told URN that the two outcomes were a coincidence, explaining that Akamba’s lawyers had written to the Tribunal requesting a review of its earlier decision, prompting it to set aside its previous ruling in his favour.
The two decisions come just days before the Electoral Commission, led by Justice Simon Byabakama, conducts nominations for parliamentary candidates on October 22–23, 2025.
