Lawyers have called on the judiciary to urgently review and overturn a decision by Masaka Chief Magistrate Albert Asiimwe that declared National Resistance Movement (NRM) candidate Justine Nameere the winner of the Masaka City Woman Member of Parliament seat, reversing an earlier declaration by the Electoral Commission in favour of National Unity Platform's Rose Nalubowa.
Members of the legal fraternity warn that the ruling could set a dangerous precedent in Uganda's electoral justice system if left unchallenged, arguing that courts have consistently held that a vote recount cannot proceed where ballot boxes have been tampered with.
They note that at least six High Court decisions have upheld this principle.
The ruling has sparked confusion and anger among residents of Masaka, many of whom woke up to a reversal of results that had already been officially announced by the Electoral Commission.
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The decision followed an election petition filed by Nameere challenging the outcome of the polls. After hearing the petition, Chief Magistrate Asiimwe ordered a recount and later declared Nameere the winner, despite acknowledged irregularities in several ballot boxes presented during the exercise.
Lawyers say the recount contravened clear provisions of the Parliamentary Elections Act, 2005. Section 55 of the Act requires that any application for a recount be made immediately after the declaration of results and that the recount be conducted within seven days.
Section 52 obliges electoral officers to keep ballot boxes securely sealed once removed from polling stations, meaning any recount must be conducted on ballot boxes found in their original condition.
In addition, Section 112 bars courts from conducting recounts or settling parliamentary election disputes on weekends or public holidays, requiring such proceedings to be deferred to the next working day.
According to legal experts, all these provisions were ignored in the Masaka recount.
Of the 314 ballot boxes presented before court, one was found with a broken seal, six were reportedly empty, and two contained votes exclusively for the NRM candidate, Justine Nameere.
Despite these irregularities, Magistrate Asiimwe ruled that the disputed ballot boxes should be set aside and the remaining boxes counted.
While delivering his ruling, Asiimwe said he could not deny the people of Masaka justice on the basis of what he described as outdated laws and earlier court decisions.
"I cannot deny the people of Masaka justice because of old laws and earlier court decisions," he said.
The recount was conducted over the weekend and stretched into Monday morning. At the conclusion of the exercise, Asiimwe declared Nameere the winner with 25,502 votes.
Nalubowa followed with 23,176 votes, while Democratic Front candidate Juliet Kakande came third with 6,136 votes.
The decision has drawn sharp criticism from members of the legal fraternity, who are questioning the basis on which the magistrate departed from existing laws and binding High Court precedent.
"This decision ignores clear provisions of the Parliamentary Elections Act and long-standing judicial guidance on recounts involving tampered ballot boxes," said lawyer Jude Byamukama.
Uganda Law Society Vice President Anthony Asiimwe warned that the ruling could be exploited by political actors if allowed to stand.
"If this decision is allowed to stand, it creates a loophole that can be abused to distort election outcomes," he said, calling for urgent intervention by the judiciary.
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Lawyers have also pointed to what they describe as inconsistency in the magistrate's approach, noting that Asiimwe had previously declined to order a recount in Kalungu over concerns of compromised ballot boxes, yet adopted a different approach in the Masaka case.
Responding to the growing criticism, Judiciary spokesperson Eremye Mawanda said the institution had not yet reviewed the Masaka ruling in detail.
"We have not yet analysed the decision as the judiciary," Mawanda said. "However, any party that is dissatisfied with the ruling is free to appeal to the High Court."
Political tensions continue to rise in Masaka, with politicians from different parties condemning the ruling. The National Unity Platform says it will announce its official response and next steps on Tuesday.
