Court at Law Development Centre (LDC) in Kampala has allowed the Director of Public Prosecutions (DPP) Lady Judge Jane Frances Abodo to withdraw charges against National Unity Platform President Robert Kyagulanyi Ssentamu aka Bob Wine.
Bobi Wine was dragged to Court by Mr Male Mabirizi in September, 2021 accusing him of having been admitted at Makerere University to pursue a Diploma in Dance and Drama on mature-age entry when he reportedly did not meet the criteria for such an admission.
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 on October 7 took over the case from Mr Mabirizi citing Article 120 of the Constitution that empowers the DPP to take over prosecution of any criminal matter at any given stage of the trial.
To Lawyer Mabirizi’s dismay, In January,2022, the state attorney Ms Joy Apolot tendered in a withdrawal letter dated December 16, 2021, withdrawing charges against Mr Kyagulanyi.
“This is to inform the court that the Director of Public Prosecutions has decided to discontinue proceedings against Kyagulanyi Ssentamu Robert charged with obtaining registration by false pretense C/S 312 of the penal code Act CAP 120,” the letter read in part.
On Monday, February 14, 2022, 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 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.