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The court will on July 1, 2025, determine the fate of Terego District Woman Member of Parliament (MP) Rose Obiga, who is accused of falsifying her birth documents.
Buganda Road Court senior principal magistrate grade 1 Winnie Jatiko Nankya will decide whether Obiga committed the alleged offences, warranting a private prosecution.
The magistrate will also assess whether the private prosecutor’s application is not frivolous or vexatious and if the offences fall within the court’s jurisdiction.
Additionally, the magistrate will determine whether to grant the private prosecutor’s prayer to sanction the charge sheet, allowing the case to proceed.
By doing so, the magistrate will evaluate the law governing private prosecution commencement and jurisdiction.
Obiga was on April 23, this year, dragged to Buganda Road Magistrates’ Court in Kampala by a concerned resident and voter in Terego district, Eric Alema.
Alema instituted criminal proceedings against Obiga for allegedly falsifying her birth records.
He claims that Obiga’s birth records indicate that she was born on September 9, 1979, after her immediate follower, Patrick Obiga, who was born on May 20, 1977.
Alema, who said he acted on behalf of the electorate in Terego district, and as a responsible citizen to demand accountability and knowledge of the truth from the elected leaders, wants Obiga to be penalised for alleged forgery and uttering false documents.
The offences attract a minimum punishment of seven years imprisonment each, on conviction.
Alema contends that Obiga shall be put to strict proof to adduce evidence that the joint admission board altered her date from September 9, 1974, to September 9, 1979. and place of birth to be Arua hospital instead of Uringua Village.
Rebuttal
In rebuttal, Obiga said filing such an application by Alema is an abuse of court process and is tainted with mala fide intentions.
Obiga said Alema lacks locus to prosecute the matter as it is well within the jurisdiction of the Office of the Director of Public Prosecutions if all there exist criminal charges against her.
She contends that while being registered and or filling the joint admission board, her birth year was recorded as September 9, 1979, as opposed to September 9, 1974.
“The reason for my termination was not falsification of birth year and that the error of her birth year is a minor typographical error occasioned by joint admission board, which cannot be visited on her".
“Once joint admission board made the said error on my birth year and my attention was drawn to it much later as I do not control record entry during its proceedings,” she said.
The legislator states that she swore a statutory declaration to confirm the birth year as being September 9, 1974, registered with the Uganda Registration Service Bureau.