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Lawyers want EC Boss Byabakama out over 2026 election mess

Uganda Law Society has demanded the resignation and prosecution of EC chair Justice Simon Byabakama over alleged irregularities, violence and BVVK failures in the 2026 elections.

Electoral Commission Chairperson, Justice Simon Byabakama Mugenyi (Photo/File)

Kampala, Uganda: The Uganda Law Society (ULS), an umbrella body for professional lawyers in Uganda, has demanded the resignation and prosecution of Simon Mugenyi Byabakama, accusing him of presiding over elections marred by violence, heavy militarisation and massive financial loss.

The scathing call was made by ULS leaders during the launch of the 2026 General Elections observation report, arguing that polls conducted under the current Electoral Commission of Uganda (EC) leadership have consistently fallen short of constitutional standards.

The lawyers cited violations of Articles 1 and 59 of the Constitution, which vest sovereignty in the people and guarantee citizens the right to vote.

According to ULS, irregularities in voter verification, alleged interference by security agencies, and administrative decisions undermined the credibility of the electoral process.

“Mr Byabakama and his entire commission must resign as they cannot deliver a credible election,” said Eddie Nangulu, the Eastern Uganda ULS Council representative.

He also faulted the EC’s handling of candidate nominations, particularly cases where candidates were de-nominated close to polling day. “Once you nominate someone, they campaign and spend money. It is not right that the EC de-nominates them weeks to the election without compensation or indemnity,” Nangulu said.

Presenting the report, Kira Municipality MP-elect, Mr George Musisi, who is also a lawyer, said ULS is challenging the EC’s powers to de-nominate candidates administratively instead of allowing such disputes to be resolved by the High Court.

“These should be resolved by the High Court rather than through administrative decisions by the EC. We also documented cases of prolonged detention, destruction of property and missing persons during and after the elections,” Musisi said.

BVVK Procurement Questioned

ULS also called for investigations into the procurement and deployment of Biometric Voter Verification Kits (BVVKs), which reportedly cost taxpayers more than Shs150 billion.

The kits were deployed at over 50,700 polling stations nationwide. However, during the January 15 polls, several areas reported malfunctions, delayed voting, manual verification and, in some cases, voters failing to cast ballots due to equipment failure.

“If it were possible, we would demand a refund of the money spent on biometric voter verification kits that intentionally did not work in the final voting hours,” Nangulu said.

He added that the legal fraternity has a duty to speak out. “People are asking: if the Bar cannot raise the voice of the public, then who will? Justice does not operate in silence, and the rule of law cannot survive where truth is suppressed.”

Speaking at the same function, ULS Vice President Anthony Asiimwe criticised what he described as the State’s growing reliance on national security to justify restrictions on fundamental rights.

“National security is legitimate, but it cannot be used as a blanket justification to suspend fundamental rights without constitutional transparency, proportionality and accountability,” Asiimwe said.

He argued that holding a different political view does not justify shootings, abductions or destruction of property.

Asiimwe also criticised the Judiciary, citing the denial of a speaking slot to ULS leadership during the 2026 New Law Year celebrations. “We expected the Judiciary to correct past missteps, but this pattern has persisted even under new leadership. The autonomy and voice of the Bar will not be silenced under our watch,” he said.

EC Responds

EC spokesperson Julius Mucunguzi, when contacted, said those dissatisfied with the electoral process should follow established legal procedures. “The EC did its part in organising a free and fair election as mandated by the law. We will continue to perform our mandate, including upcoming elections,” Mucunguzi said.

The demands by ULS come amid ongoing legal challenges against the Electoral Commission following the conclusion of the 2026 General Elections.

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