Lwemiyaga County Member of Parliament Theodore Ssekikubo has accused the Electoral Commission (EC) and the Judiciary of frustrating justice in his case challenging the nomination of Brigadier General Emmanuel Rwashande. The remarks follow the deferral of a ruling by the Civil Division of the High Court in Kampala on a preliminary application related to the matter.
On Monday, presided over by Lady Justice Joyce Kavuma, the court informed the parties that the ruling, which was expected the same day, was not yet ready because submissions had been filed late. The judge said the decision would be delivered on Tuesday via email and the Electronic Court Case Management Information System (ECCMIS), and parties were advised not to appear physically in court.
The matter before court on Monday was a miscellaneous application in which Ssekikubo seeks validation of the timeframe within which he filed his election petition appeal against the EC’s decision to uphold Rwashande’s nomination. The substantive appeal itself has not yet been heard. In his affidavit, Ssekikubo explained that EC decisions must be appealed within five days.
However, he only became aware of the Commission’s ruling on December 8, 2025, after it circulated on social media, despite being signed on December 3 and delivered without formal communication. He filed his appeal on December 11, prompting the current application to validate the timeframe. Ssekikubo argued that the delay was not of his making, that his appeal raises serious electoral issues, and that the respondents would not suffer prejudice if the appeal is allowed to proceed.
The substantive appeal challenges Rwashande’s nomination for Lwemiyaga Constituency, with Ssekikubo contending that the EC erred in law and fact by approving a candidate who did not meet the minimum academic qualifications. Ugandan law requires parliamentary candidates to hold at least the Uganda Advanced Certificate of Education (UACE) or its equivalent. While Rwashande recently graduated with a First-Class Degree in International Relations and Diplomacy from Nkumba University, this occurred three days after nomination.
Ssekikubo further alleges that Rwashande lacks even Primary Seven and O-Level papers, and that the EC improperly relied on an equivalency certificate issued by the National Council for Higher Education based on military training. Ssekikubo’s appeal also raises allegations of forgery and irregularities in Rwashande’s nomination supporters’ list. He claims that although the law requires a minimum of ten valid supporters, Rwashande initially submitted only seven genuine signatures. The EC allegedly allowed an “additional list” of supporters, some added after the initial submission, which Ssekikubo says were forged and irregularly approved by the Returning Officer, Gracious Aryaija, to validate the nomination.
Addressing journalists outside court, Ssekikubo criticised the transfer of his case from Masaka High Court to Kampala’s Civil Division, describing it as “poisonous.” He argued that while the transfer appeared intended to expedite pre-election cases, it delayed his matter during a critical campaign period and prevented him from campaigning while his opponents continued. Accompanied by supporters, he accused the EC of selectively scrutinising candidates’ academic documents and alleged collusion with the Judiciary to frustrate his case—claims both institutions have previously denied.
In court, Ssekikubo was represented by lawyers Yohana Barire and Humphrey Tumwesigye, who requested the right to cross-examine Rwashande if the application succeeds. His lead counsel, Caleb Alaka, was absent. Brigadier General Rwashande was represented by Nice Gachire, while the EC was represented by Patrick Wetaka, Hamid Lugoloobi, and Eric Sabiiti, In-charge of Litigation. The court was informed that Rwashande was ill and unable to attend proceedings.
The judge clarified that the main appeal has not yet been heard and that current proceedings are limited to determining whether the appeal was filed within the required time. The ruling on the application for validation of time is expected tomorrow, after which the court will decide whether the substantive appeal can proceed. This case is among several pre-election disputes ahead of the January 15, 2026 General Elections.
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