Former FDC candidate James Owebeyi says he will challenge a ruling that dismissed his petition against MP Eddie Kwizera Wagahungu after the High Court found he had not established his citizenship and legal standing.
Former Forum for Democratic Change (FDC) parliamentary candidate James Owebeyi has said he will appeal a High Court decision dismissing his petition challenging the election of Bukimbiri County MP Eddie Kwizera Wagahungu.
Kabale High Court Judge Justice Farouq Lubega dismissed the petition on October 19, ruling that Owebeyi had failed to establish his Ugandan citizenship and valid nomination, leaving him without the legal standing required to challenge the election.
Speaking to Nile Post on Tuesday, Owebeyi described the judgment as erroneous and vague, saying he was confident the Court of Appeal would overturn it.
“I plan to file a notice of appeal within seven days and a memorandum of appeal within 14 days,” Owebeyi said.
He also questioned the timing and mode of delivery of the judgment, saying it had initially been scheduled for November 2 but was instead delivered by email on October 19.
“No explanation was given for the change in date and mode of delivery,” he said.
In his ruling, Justice Lubega found that Owebeyi had not sufficiently established his citizenship. The judge also rejected key documents submitted in support of his nomination, including his nomination papers and a copy of the Uganda Gazette, because they were uncertified public documents.
Owebeyi argued that the ruling failed to distinguish between the responsibilities of government agencies handling citizenship and national identification matters.
He said the National Identification and Registration Authority (NIRA) is responsible for issuing national identification numbers, while citizenship matters fall under the Directorate of Citizenship and Immigration Control.
“Candidates should not suffer injustice over identification numbers they do not control. Many Ugandans share national identification numbers,” Owebeyi said.
The Electoral Commission had challenged his citizenship status, citing verification from NIRA that classified him as a presumed citizen rather than a confirmed Ugandan citizen.
Owebeyi questioned why the commission had nominated him to contest in the January 2026 parliamentary election if his eligibility was in doubt. He argued that such concerns should have been addressed during the nomination process rather than on polling day.
His petition arose from allegations that the Electoral Commission unlawfully removed his name from the voters' register on polling day, preventing him from voting at Nyabaremura Polling Station in Rubuguri Town Council, Kisoro District.
However, Justice Lubega did not determine whether the alleged removal was lawful or whether it affected the election outcome, as the petition was dismissed on the preliminary issue of legal standing. The court ordered each party to bear its own costs.
Owebeyi said he was prepared to pursue the appeal despite the risk of incurring further legal costs if unsuccessful.
He drew confidence from his experience in an earlier Bukimbiri County election petition filed in 2021. In that case, Kabale High Court Judge Justice Phillip Odoki dismissed his petition on November 1, 2021, but the Court of Appeal overturned the decision on June 6, 2022, and nullified Kwizera's election.
The appeal was heard by Justices Frederick Egonda-Ntende, Eva Luswata and Christopher Madrama Izama. Justices Egonda-Ntende and Luswata formed the majority that allowed the appeal, while Justice Madrama Izama dissented.
The ruling led to a by-election in May 2022, which Kwizera won to reclaim the seat.
Owebeyi said the earlier case demonstrated that High Court decisions could be overturned on appeal. He expressed hope that the Court of Appeal would similarly consider his current case, which he described as strong and involving constitutional interpretation.