The Electoral Commission (EC) has reserved its ruling on Petition No. 22, in which Soroti City Mayoral aspirant Edmond Elasu challenges the validity of Forum for Democratic Change (FDC) candidate Paul Omer’s nomination, citing alleged non-compliance with the nomination guidelines and statutory provisions under the Local Government Act.
The case, which has attracted significant public and political interest across Teso sub-region, was heard by a panel of Electoral Commission members chaired by Justice Simon Mugenyi Byabakama, sitting at Electoral Commission on Friday afternoon.
While opening his submissions, Counsel Edmond Elasu, who is also a petitioner and duly nominated candidate for Soroti City Mayor, argued that the core of his petition rests on what he described as “gross non-compliance with the legal and procedural framework governing nominations.”
Elasu contended that the respondent, Mr. Paul Omer, failed to present a valid Certificate of Equivalency from the National Council for Higher Education (NCHE) within the prescribed timelines, thereby violating Section 123(3)(a–d) and Section 123(4)(a) of the Local Government Act.
He told the Commission that the EC had earlier issued clear nomination guidelines setting 3rd July 2025 as the final deadline for submission of the required academic credentials for all mayoral aspirants.
“My Lord, the certificate of equivalency that the respondent presented was issued on 16th July 2025, nearly two weeks to the deadline,” Elasu stated.
He further emphasized that under Section 123(4)(a) of the Act, such a certificate must be provided “at least two months before the date of nomination.”
“Our nominations took place between 3rd and 5th September 2025. When we count backwards, it becomes evident that the certificate was processed prematurely and was not compliant with the two-month requirement prescribed by law,” he added.
The petitioner, therefore, prayed that the Electoral Commission reviews Omer’s nomination and, if found irregular and non-compliant, recalls or annuls it to safeguard the integrity of the upcoming Soroti City mayoral election.
In his response, Mr. Paul Omer, the FDC Soroti City Mayoral Flag bearer and the Current Mayor of Soroti City East Division, dismissed the allegations as baseless and motivated by political rivalry.
Omer explained that he submitted his documents to NCHE on 24th June 2025, well before the deadline, and that the delay in issuance of the certificate was beyond his control.
“I had no authority over NCHE’s internal processes. I filed my documents in time, but due to the high volume of applications they were handling, the certificate was only ready by 16th July 2025,” Omer told the Commission.
He further clarified that the Soroti City EC office received his certificate on 21st July 2025, since the staff responsible for nominations had been in Kampala for an official commission meeting.
Represented by Counsel Julius Galisonga, a renowned FDC legal practitioner, Omer’s defense team argued that the respondent met all minimum requirements as provided for under Section 123 of the Local Government Act, since his academic credentials were equated to the Ugandan Advanced Level (Senior Six) standard.
“My Lord, the law does not solely apply to candidates with equated qualifications. Even those holding direct Senior Six certificates are required to verify their documents within two months, yet many get nominated without clearance,” Counsel Galisonga submitted.
He emphasized that Omer acted diligently, initiating the process within time, and that any delay was purely administrative.
“It would be unjust to punish the respondent for the institutional delays of NCHE. He acted in good faith and within the legal framework,” Galisonga said, citing Miscellaneous Application No. 12 of 2001, where the Justice then held that “where a body charged with a statutory duty fails to perform its function, an innocent party should not be penalized for such failure.”
The defense counsel further argued that Section 13 of the Parliamentary Elections Act, which outlines the grounds for invalidation of nomination, does not list delay in filing academic equivalency certificates as one of them.
He added that unless the Electoral Commission can prove deliberate intent to mislead or non-compliance in substance, Omer’s nomination should stand.
“The respondent submitted all documents and met the academic threshold. Any delay in obtaining the equivalency certificate cannot render the nomination null, as it does not form part of the disqualification grounds under section 13,” Galisonga said.
He concluded by urging the Commission to dismiss the petition with costs and uphold the nomination of the respondent as valid.
In his brief rejoinder, Elasu insisted that Omer’s submission of documents to NCHE on 24th June, only seven days before the 3rd July deadline, was not a demonstration of diligence but rather a calculated risk.
“If the respondent was truly serious, he would have applied for the certificate much earlier, knowing well that NCHE was handling hundreds of applications. Submitting documents just a week before the deadline was unreasonable,” Elasu argued.
He maintained that the law’s intent under Section 123(3) was to ensure that all academic verifications are completed in time to enable transparency and allow EC to vet candidates fairly.
After hearing both submissions, EC Chairperson Justice Simon Byabakama offered guidance on several legal interpretations that emerged during the hearing.
He observed that in interpreting statutes, the use of the word “shall” does not always denote a mandatory directive, it may, in certain contexts, be construed as directory, depending on the legislative intent and the broader purpose of the law.
“There have been occasions where courts have ruled that the word ‘shall’ does not necessarily mean ‘must’. Its interpretation depends on whether the legislature intended to make the provision mandatory or discretionary,” Byabakama noted.
The EC Chairperson also addressed the phrase “at least two months” found in Section 123 of the Local Government Act, noting that the wording is flexible and should not be read as an absolute bar.
“When compared to Article 61 of the Constitution, which mandates the Commission to hold elections within a period ranging from 30 to 122 days, the use of the phrase ‘at least’ provides some degree of flexibility. It is not a fixed or rigid prescription,” he explained.
He cautioned both parties against rigid interpretations that might hinder the democratic process and stressed that the Commission’s final decision will seek to balance legal precision with fairness to all candidates.
Justice Byabakama informed both the petitioner and respondent that the Electoral Commission will deliver its ruling within the prescribed statutory period to allow adequate time for printing campaign materials and finalizing the list of duly nominated candidates for the Soroti City mayoral race.
“The Commission will study the submissions, review the documents, and deliver a reasoned ruling in due course. We shall ensure the decision aligns with both the letter and the spirit of the law,” the EC Chairperson concluded.
The ruling, expected within a shortest time, will determine whether Paul Omer, the long-serving Soroti City political figure, remains on the ballot or faces disqualification ahead of the 2026 elections.
Soroti City political analyst Andrew Opio says the outcome could set a precedent for how the Commission handles future disputes concerning academic equivalency and nomination timelines, especially given the growing number of aspirants using foreign or non-traditional qualifications.
About Author
