Court clears Bobi Wine in illegal admission to Makerere University case
The Law Development Centre magistrate’s court in Kampala has allowed the Director of Public Prosecutions to withdraw the illegal admission to Makerere University case against Robert Kyagulanyi also Bobi Wine.
Lawyer Male Mabirizi ran to court and filed a case against Kyagulanyi who graduated from the university over 20 years ago with a Diploma in Music, Dance and Drama-MDD that he lawyer says obtained fraudulently since the singer cum politician was not eligible for admission to the university.
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Mabirizi alleged that Kyagulanyi who was then 20 years old was on October 21, 2000, registered as a student of MDD on a mature age entry scheme contrary to Makerere University Prospectus of 1999/2000-2000/2001 in which it was stated that for one to be admitted for the mature age entry at the time, the candidate had to at least be 25 years old or one who had completed formal education at least five years before the year of admission to the university.
However, the DPP took over prosecution of the case and later asked court to be allowed to withdraw the case.
Mabirizi dragged his feet over the matter.
On Monday, the trial magistrate Augustine Alule ruled that the DPP is given powers to prosecute criminal matters and that the same has a right to discontinue charges.
“The role of the court is only to consent in the event that the DPP wants to take over the private prosecution or discontinue proceedings from another person or authority,”Alule said.
She said the DDPP is under no obligation to give reasons for the move.
“Having found that the DPP acted within her powers and authority and having found no disregard by the DPP to the public interest or interest of administration and all legal process, I find no reason to withhold the consent of this court to discontinue this case.”
Mabirizi drags feet
However, following the development, lawyer Male Mabirizi said he will file a new case related to the same.
“All the LDC court proceedings, rulings and purported discharge by the DPP of Robert Kyagulanyi over academic fraud are at Makerere University are null and void for want of jurisdiction. We will file at Nabweru because Makerere is in Kawempe division and not Central division,”Mabirizi said.
