The Director of Public Prosecutions (DPP) has taken over prosecution of a case in which city lawyer Male Mabirizi accuses National Unity Platform (NUP) President Robert Kyagulanyi Ssentamu alias Bobi Wine over obtaining false registration at Makerere University.
Law Development Centre Grade One Magistrate Augustine Alule Okayed the DPP to take over the matter from Mabirizi on Thursday.
This was after senior state attorney Hanifa Kasana told the magistrate that the DPP had instructed her to take over prosecution of the case.
Despite being served with the summons by the court process server, Kyagulanyi skipped court and he instead sent lawyers Geofrey Turyamusiima, Benjamin Katana and George Musisi to represent him.
Tasked by the magistrate to explain his absence, the lawyers said that Kyagulanyi learnt about the case via social media and he didn’t get sufficient time to prepare for court.
“Ordinarily, a criminal case cannot proceed without the accused’s consent but the presence of his advocates shows that he was served. I find nothing that bars the DPP from taking over this matter. I hope the DPP will prosecute the matter to its logical conclusion,” the magistrate ruled.
The magistrate has also directed Mabirizi to handover all the evidence in his possession in regard to the case to the DPP to assess it.
Under Article 120 of the Constitution, the DPP is empowered to takeover prosecution of any criminal matter at any given stage of the trial.
Mabirizi contends that the former presidential candidate was irregularly admitted at Makerere University where he obtained a diploma in music, dance and drama.
Mabirizi says that the act constitutes a criminal offence of obtaining false registration as per section 312 of the Penal Code Act and it elicits a maximum term of imprisonment of one-year on conviction.
Court documents indicate that Kyagulanyi enrolled at Makerere University in 2000 on mature entry arrangement.
Mabirizi however argues that Kyagulanyi was not eligible for admission on the programme since it was meant for people of 25-years and above.
“By the letter dated March 12, 2021, the academic registrar availed me the Makerere University prospectus 1999/2000-2000-2001, whose paragraph required a person to be admitted under mature age to be at least 25-years old and completed formal education at least five years previous to the year of admission and Kyagulanyi had none of the said qualifications,” Mabirizi contends.
Mabirizi argues that when he perused the documents which Kyagulanyi presented for admission at the University, he discovered that he was born on February 12, 1980 and, sat and passed mature entry examinations on March 3, 2000.
This, according to Mabirizi means that Kyagulanyi sat mature entry examinations at 20 years, contrary to the University policy.
