Jailed lawyer Male Mabirizi has instituted criminal proceedings against the Minister of Justice and Constitutional Affairs, Nobert Mao, for signing a cooperation agreement with the National Resistance Movement (NRM) party when his term of office had expired.

The Democratic Party (DP) president signed the memorandum of understanding with President Yoweri Kaguta Museveni, the NRM chairman, recently.

In an application filed before the Chief Magistrates Court at Entebbe on August 3, 2022, Mabirizi commenced private prosecution against Mao and Gerald Siranda Blacks, the DP’s Secretary General on charges of common nuisance, disobedience of statutory duty and conspiracy to defraud.

He instituted the criminal proceedings under Section 160 (1) and 116 of the Penal Code Act. The offences attract a maximum sentence of two-year-imprisonment on conviction.

In regard to the offence of common nuisance, Mabirizi says the duo and others still at large between July 20 and 27 or soon before or after those dates at State House Entebbe, Wakiso district, well aware that their office 5-year term expired in 2020, signed a memorandum of understanding with Museveni, an act not authorized by law, thereby causing annoyance or inconvenience to the public.

Mabirizi further contends that Mao on July 27, 2022 took oath of the justice minister while at the same time continuing to hold out the president DP, an opposition political part.

“Withstanding the busy schedule of his new office, the oath of Minister estops Mao from holding the office of the president of DP. It is imperative that Mao concentrates on being a Minister,” Mabirizi said.

In regard to the offence of disobedience of statutory duty, Mabirizi states that Mao and Siranda having willfully refused to vacate their respective offices after expiry of their term, intentionally signed a memorandum of understanding with Museveni, an act forbidden by written law and concerns the public.

Mabirizi also accuses Mao and Siranda for signing the agreement in exchange for selfish positions such as justice minister and member of East African Legislative Assembly, respectively.  

In the MoU, the parties, among others, agreed to foster constitutionalism and respect of human rights.

The parties further agreed to work together in supporting the overall governance agenda and supporting parliamentary votes on matters of confidence and supply for the full term of the 11^th Parliament.