TAKE AWAY YOUR RUBBISH!! Court Throws Out Lawyer Male Mabirizi’s Bid to Reopen Case Against Bobi Wine

The High Court in Kampala has dismissed lawyer Male Mabirizi’s attempt to reinstate a private prosecution case against National Unity Platform (NUP) leader Robert Kyagulanyi Ssentamu, popularly known as Bobi Wine.

Justice Emmanuel Baguma delivered the ruling on Wednesday, affirming that the Office of the Director of Public Prosecutions (ODPP) acted within its constitutional authority when it took over and later dropped the case. The matter was initially filed at the Law Development Centre (LDC) Magistrate’s Court in 2021.

Mabirizi had accused Bobi Wine of obtaining NUP’s registration under false pretenses and filed a private case in the LDC Court. The DPP quickly assumed control, reviewed the evidence, and decided to withdraw the charges, stating at the time that the case lacked merit and was not in the public interest.

Unhappy with the DPP’s decision, Mabirizi approached the High Court, claiming the magistrate improperly allowed the DPP to discontinue the case without complying with Article 120(5) of the Constitution, which requires court consent. He sought to have the case reinstated and assigned to another magistrate.

Justice Baguma rejected these claims, noting that the LDC magistrate had given proper consent for the case to be discontinued and that the accused was lawfully discharged. The judge emphasized that the Constitution grants the DPP full authority to take over and discontinue private prosecutions, provided the court agrees.

“The law does not prescribe a specific format for consent,” Justice Baguma said. “When the DPP applies to withdraw a case and the court permits it, that constitutes consent. It cannot be argued otherwise.”

Citing precedent from cases like Tinyefuza v Attorney General (1997) and Prof. Gilbert Bukenya v Attorney General (2011), the judge underscored that the DPP operates independently and that courts cannot compel it to pursue cases lacking sufficient evidence.

The ruling also highlighted that private prosecutions remain subordinate to public prosecutions. Once the DPP assumes control, it has full authority, including the discretion to discontinue the case under Article 120(3)(d) of the Constitution.

Mabirizi, who often represents himself in high-profile legal actions against politicians and government officials, had made the case against Bobi Wine one of his most notable efforts in politically charged litigation.

Ultimately, the High Court found Mabirizi’s application without merit, granting Bobi Wine another legal victory.