The Chief Magistrate of Masaka has handed over the private prosecution case against Lwengo District Chief Administrative Officer (CAO), Mr. Nathan Lujumwa, to the Director of Public Prosecutions (DPP) — but with a firm warning that justice must not be derailed.
In a ruling delivered on April 24, 2025, permitted the DPP to take over the case under Article 120 of the Constitution but emphasized that the case must be carried through “until its logical conclusion.”
The case was initiated by Volunteer Uganda Extra Limited, a civil society organization operating in Lwengo, which accuses Mr. Lujumwa of concealment of a public record in contravention of Section 45(b) of the Access to Information Act, 2005.
The organization, represented by two lawyers, welcomed the court’s ruling but expressed cautious optimism.
“This is a matter of public interest,” one of the lawyers told this news website. “The accused must take plea, and the case must be allowed to proceed without any interference. The DPP should not discontinue the matter but ensure that justice and accountability are achieved, as the Magistrate guided.”
Why Police Was Sidestepped
The lawyers explained why the matter was filed directly before court instead of going through police channels.
They noted that the Access to Information Act, 2005 — under which the charges arise — does not recognize or require police investigations.
“All evidence must be attached to an affidavit sworn on oath,” one lawyer said. “The police appear nowhere in the law. Besides, police have frustrated many criminal cases in the past, and we wanted to avoid that.”
They emphasized that Mr. Lujumwa had already been charged by court, and a criminal summons had been issued against him to appear and take plea.
“He is not above the law,” the lawyers said. “He must appear and answer the charges like any other citizen.”
The Charges
According to the charge sheet dated March 31, 2025, Mr. Lujumwa is accused of deliberately withholding information from Volunteer Uganda Extra Limited, including certified certificates of approval and permits, minutes of district meetings, payment receipts, attendance lists, and records relating to the renewal of Non-Governmental Organizations operating in Lwengo District.
The offense allegedly took place on January 27, 2025, at Lwengo District Headquarters.
The lawyers further pointed out that it was ironic that the same district officials had previously awarded Volunteer Uganda Extra Limited a certificate of good conduct for its operations — a sharp contrast to the current accusations of concealment.
Caution Against Misuse of DPP Powers
While they acknowledged the DPP’s constitutional right to take over private prosecutions, the lawyers warned against any move to frustrate the pursuit of justice.
“The DPP is the head of the rule of law. We accepted that the DPP should take over the case, not to frustrate or discontinue it. We have not yet received any official communication from the DPP about the takeover, but we agreed with their attorney in court that they proceed to continue the matter,” one lawyer emphasized.
Chief Magistrate in his ruling, also stressed the importance of private prosecutions, describing them as a vital safeguard for situations where state agencies may hesitate to act against influential individuals.
Private prosecutions, he said, exist to ensure that even the affluent and powerful are held accountable when public interest demands it.
Volunteer Uganda Extra’s Mandate
Volunteer Uganda Extra Limited is an organization with a clear mandate to fight corruption, promote transparency, protect human rights, and uphold the rule of law.
Its efforts were recently recognized when Lwengo District Local Government awarded it a certificate of appreciation for outstanding service in promoting good governance and fighting corruption.
The certificate was signed by District Chairperson Mr. Ibrahim Kitatta Almalik and District Speaker Hon. Ssenozi Peregrino.
As the legal battle unfolds, Mr. Lujumwa has been summoned to appear before the Chief Magistrate’s Court on May 22, 2025, at 9:00 AM to answer the charges.
The case is seen by many as a critical test of Uganda’s commitment to transparency, public accountability, and the fight against corruption.
