Lawyer Male Mabirizi has run to the East African Court of Justice to challenge the recent takeover by the DPP of a case in which he accuses National Unity Platform (NUP) president Robert Kyagulanyi Ssentamu also known as Bobi Wine of obtaining false registration and entry at Makerere University.
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.
Last week, Law Development Centre (LDC) court grade one magistrate Augustine Alule allowed the Director of Public Prosecutions to take over prosecution of the case.
However, in a case filed on Tuesday, the lawyer says he was not satisfied by the manner in which the LDC magistrates court handled his case and later allowed the DPP to take it over.
He says that whereas on September, 21,2021, summons were issued for Kyagulanyi to appear in court didn’t honour them and in a twist of events, the case was taken over by the DP.
“The accused(Kyagulanyi) did not honour the summons and did not write to court pleading guilty but the magistrate proceeded with the case in absence of the accused person, gave audience to advocates claiming to represent the accused and allowed the Resident State Attorney to take over the case in absence of the accused, without proof of instructions from Director Public Prosecutions and without advancing any reason for takeover,”Mabirizi said in his affidavit.
The lawyer says that in case of failure to turn up to plead for the charges, Kyagulanyi ought to have written to the court to inform it of having pleaded guilty, but says this was not done.
“The above processes and decisions were illegal, undermined the right to fair hearing, made private criminal prosecutions in Uganda meaningless, subjected the powers of the Courts in Uganda to that of the Director of Public Prosecutions, condoned irrational and unreasoned decisions by Director of Public Prosecutions, undermined the role of the occupier of the position of Director of Public Prosecutions, undermined the principle of accountability by those holding public offices and undermined the purpose and role of private prosecutions in promoting good governance and rule of law in a democratic system,” he says.
In the face of the alleged illegalities, Mabirizi wants the East African Court of Justice to declare the proceedings leading to the take over of the case by the DPP null and void.