By Sadique Bamwita
The former Busiro South Legislator, Charles Matovu, has lost the first round of his legal battle after High Court in Entebbe Presided over by Hon. Justice Jamson Karemani, dismissed his application against the Electoral Commission in which he sought discovery of election materials that the commission used to declare NRM’s Kenan Opio, who won the election in a magical way that left voters wondering till to-date.
Desperate Matovu filed a petition seeking the commission to produce the official report book, original declaration of result forms, accountability of ballot paper forms, presidential elections declaration of Results forms for the Electoral Area of Busiro County South, printout of scanner report, certified DR forms of 102 polling stations in Nkumba Ward, Kisubi Ward and Kitala ward and certified DR forms of 58 polling stations.
Matovu reasoned that the inspection of the documents would assist the court to come to a proper determination of his original petition against the current MP Opio, and the Electoral commission in which he alleges that there was non-compliance with the electoral laws, which affected the election and prayed that the said election to be set aside.
However, the commission in an affidavit Sworn- in by the Wakiso district returning officer Tolbert Musinguzi , opposed the application stating that it was incompetent, a fishing expedition, frivolous and vexatious.
Justice Karemani while dismissing the application on Friday September 25,2026, outlined several grounds noting that Matovu didn’t specify whether the documents requested for belonged to the whole constituency or for certain parishes or certain polling station which qualified it to be a fishing expedition.
Justice Karemani said the request for certified Declaration of Results forms of 102 polling stations in Nkumba Ward, Kisubi Ward and Kitala ward were also not specific.
Justice Keremani further dismissed the request for Certified Declaration of Results Forms of 58 polling stations be availed, since the commissions lawyers in their submission revealed that the commission had availed the forms to Matovu, who in his own application acknowledged receipt of the certified DR forms which he attached on his application.
Justice Karemani noted that asking for different information at different times on the same matter showed lack of certainty of what a party wants and may amount to a fishing expedition..
Justice Jamson Karemani informed court that Matovu’s application is devoid of merits and stands dismissed with costs.
Following the dismissal of the preliminary application, Justice Karemani ordered both the state and Matovu’s defence team to file joint scheduling memo’s by October 2nd and set the hearing of the original petition against Kenan on October 16,2026.
After court session , miserable Matovu told the press he is confident of winning the election petition against Opio.
Matovu said in order for his petition to succeed in court, they need to ask for impartiality of the courts, so that the judges don’t take sides and they pass judgement truthfully.
” This will give us hope that in case you’re faced with an injustice, you can run to the courts of law to get justice, but if we don’t get justice before the courts of law that we run to, that would mean the country is grovelling on it’s own, ” Matovu said expressed concern.
In similar news, after the dismissal of Matovu’s application, his political rival MP Opio expressed ecstacy at the dismissal of the discovery petition, and is hopeful to win the main case.
“I want to assure our people that we are very much prepared and we are going to defend this victory to the core” he said.
He added, “I as a person, I don’t have a personal vendetta with anybody, we are only against the political establishment of NUP in Busiro and that’s what we came for, that’s what we took out and defeated opposition”.
