Bugingo is accused of breaching Section 50 of the Marriage Act and committing bigamy contrary to Section 153 of the Penal Code Act. Makula is charged with contracting marriage with a married person contrary to Section 42 of the Marriage Act.
The Director of Public Prosecutions-DPP is not interested in prosecuting Pastor Aloysius Bugingo over his new marriage to Susan Makula Nantaba, according to the Chief State Attorney of Entebbe.
Bugingo who is the House of Prayer Ministries International lead pastor allegedly married Makula under customary law on December 7 in
Kawuku, Katabi Town Council in Wakiso district.
However, Ramlah
Damba, the Senior State Attorney of Entebbe says the DPP is not interested in prosecuting Pastor Aloysius
Bujjingo over his marriage to Susan Makula Nantaba.
She
made the statement after Entebbe Magistrate Grade One Stella Okwong
Paculal asked whether or not the state wants to take over the case from
private prosecutors Male Mabirizi and Robert Rutaro Muhairwe.
Article
120 of the 1995 Uganda Constitution provides powers to the DPP to take
over proceedings initiated by individuals or other authorities at any
stage.
However,
Damba says the private prosecutors can proceed to make their case
because Janat Kitimbo, the Chief State Attorney for Entebbe says the DPP
is not taking over both cases.
Thereafter,
magistrate Okwong charged Pastor Aloysius Bugingo on two counts and
Suzan Makula Nantaba on one count for allegedly getting married contrary
to sections of the Marriage Act, 1904 and Penal Code Act,1950.
Okwong
signed formal charges against the duo after merging private prosecution
applications and complaints filed by Robert Rutaro Muhairwe and Male
Mabirizi. Mabirizi and Rutaru accuse Bujjingo and Makula of contracting
an illegal marriage.
According
to Section 42 Magistrates Court Act, in private prosecution
proceedings, the judicial officer shall sign a formal charge or charges
against the accused person or persons after ascertaining, by also consulting local
leaders, that the alleged offence took place within his or her
jurisdiction.
In
this case, Magistrate Okwong relied on information from Joseph Emuit,
the village chairman of Bwerenga Cell, Katabi Town Council.
In his
letter dated December 16, Emuit confirmed to court that Bujjingo and
Makula got married at a ceremony held in his area. He says that though he did not attend it, the ceremony was held on December 7, at the home of former minister Nyombi Thembo.
As
a result, Okwong says that though Mabirizi and Rutaro had proposed
charges in their complaints, she has come up with her own charges
against the duo.
Bujjingo
is accused of contracting marriage by customary law when already
married under the Marriage Act contrary to Section 50 of the Marriage
Act. He particularly contracted a marriage by customary law having
contracted a marriage under the Marriage Act with Teddy Naluswa Bujjingo
ans during the continuance of that marriage, he contracted another
marriage under customary law with Makula.
Bujjingo and Naluswa got married on December 20, 2003 certificate number 376 at Victory Church Centre.
As
a result, Bujjingo is accused of breaching Section 50 of the Marriage
Act and committing bigamy contrary to Section 153 of the Penal Code Act.
Makula
is charged with contracting marriage with a person previously married
contrary to Section 42 of the Marriage Act. Being unmarried, She is
accused of going through the ceremony of marriage with Bujjingo whom she
knows to be married to Naluswa. On conviction, she is liable to serve a
maximum jail term of five years.
Bujjingo on conviction may be sentened to serve a maximum of five years in jail for each offence committed.
Okwong adjourned the case for January 21, 2022 and ordered the accused to appear on that day to take plea.
Meanwhile, their lawyer, Ronald Rulinda, says they are law abiding citizens and they will appear in court to take plea.
Mabirizi is happy that the DPP will not prosecute the duo.
He says the DPP sometimes takes over cases for political reasons and does not prosecute them.
He is thereby confident that he and Rutaro will secure convictions against Bujjingo and Makula.
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Rutaro says Bujjingo and Makula must be held accountable for disrespecting the marriage law.
