Last week, the Director of Public Prosecutions-DPP made a U-Turn and declared interest in prosecuting Bujjingo and Makula.
City lawyer Hassan Mabirizi-Kiwanuka addressing journalists at Twed Towers in Kampala. Photo Dominic
The High Court in Kampala has set Friday 28 January 2022 as
the date to hear lawyer Hassan Male Mabirizi-Kiwanuka’s application seeking to
block the Director of Public Prosecution – DPP’s decision to take over the trial
of Pastor Aloysius Bujjingo.
Bujjingo is
accused of committing bigamy and contracting marriage by customary law with
Susan Makula when already married to Teddy Naluswa under the Marriage Act. On
the other hand, Makula is charged with contracting marriage with Bujjingo well
aware that he is legally married to another woman.
Bujjingo and Naluswa got married on December 20, 2003 certificate number 376 at
Victory Christian Centre. However, without a formal dissolution of their
marriage, he allegedly married Makula under customary law on December 7, 2021,
in Kawuku, Katabi town council in Wakiso district.
Last week, the
Director of Public Prosecutions-DPP made a U-Turn and declared interest in
prosecuting Bujjingo and Makula.
On Monday, Mabirizi
filed a case at the Court challenging DPP’s decision to take over the criminal
case against Bujjingo at the Entebbe Magistrates Court.
Mabirizi and
Rutaro now argue that DPP’s decision is null and void and that it contravenes
the Magistrates’ Courts Act, as well as sections of the 1995 Constitution. Speaking
to Journalists at the High Court in Kampala on Monday, Mabirizi accused the DPP
of being ‘unserious’ and only interested in taking over and ‘killing’ his
cases. He now wants a judicial review from the High Court to quash the DPP's
decision.
He cited previous cases where he is challenging Robert Kyagulanyi Ssentamu, the
former Presidential candidate at Wakiso, Buganda Road, LDC, and Nakawa Courts
over academic qualifications and age discrepancies which the DPP took over but
meddled the proceedings.
The House
of Prayer Ministries Pastor entered into a marriage contract with Naluswa
on December 20, 2003, at Victory Christian Centre, and without its formal
dissolution, he allegedly married Makula under customary law on December 7,
2021, in Kawuku, Wakiso district.
It is against this background that Mabirizi and
Robert Rutaro Muhairwe instituted private prosecution proceedings against
Bujjingo and Makula in court after their alleged traditional marriage ceremony.
In December 2021, Entebbe Grade One Magistrate Stella Okwong Paculal
consolidated the two private prosecution cases and charged Bujjingo on two
counts, and Makula on one count.
Journalist
Ochola's journalism career begun from Radio King 90.2 FM in Gulu around 2009, and Radio Rupiny 95.7 Fm under Vision Group in 2012. He also reported for Mighty Fire 91.5 Fm, Kitgum in 2015 before joining Wizarts Foundation in 2017.
He has been reporting for Uganda Radio Network (URN) since 2017 before being posted as Bureau Chief Kitgum, and latr Gulu between 2018 - 2021. Currently, he reports from Parliament.