Why Bobi Wine is unfit for presidency - Mabirizi

EDUCATION | ELECTIONS | POLITICS

The legal maxim doctrine states that he who comes into equity must come with clean hands.

This could be true for even politicians and presidential hopeful Robert Kyagulanyi Ssentamu aka Bobi Wine, who could become a victim of the doctrine which he is familiar with being a student of law at Cavendish University.

With few days remaining to the nomination of the presidential candidates, city lawyer Hassan Male Mabirizi has moved to block his nomination arguing that the pop-star-turned politician is a dishonest person.  

"I was availed with all documents presented by Bobi Wine to EC in 2017 Kyadondo East by-election and I discovered dishonesty on his side," says Mabirizi.

Mabirizi contends that the National Unity Platform (NUP) leader who also doubles as the Kyadondo East lawmaker lied about his age, which is a criminal offence under the law.  

"From the face of his academic papers availed to me by the Electoral Commission (EC), Bobi Wine was dishonest with his age.  He was not born in 1982 as he claims because his diploma transcript from Makerere University indicates that he was born on February 12, 1980," Mabirizi contends.  

Mabirizi argues that giving false information is a criminal offence under section 115 of the Penal Code Act and section 76(b) of the Registration of Person Act, 2015.

Mabirizi revealed that the process is underway to institute private prosecution against him over purported dishonesty.

Articles 102(2) (f) and 80(2) (f) of the Constitution states that a person is not qualified for election as president if he has been convicted by a competent court of an offence involving dishonesty or moral turpitude.

Mathematics  

Mabirizi argues that he doubts Bobi Wine's potential to lead the country having failed mathematics at ordinary level and general paper at advanced level.

Documents availed to Mabirizi indicate that Bobi Wine scored an f9 in mathematics at the ordinary level.

"What is required to block him from being nominated is arrangement of evidence necessary to convict him of any offence involving dishonesty before the Election Day and steps are underway to retrieve several documents signed by him at Makerere University , NIRA, passport office where he was dishonest with his age," Mabirizi disclosed.

Bobi Wine's profile on the parliament website however indicates that he sat his O-level at Kitante Hill School in 1996 and A-level at Kololo secondary school in 1998.    

He also has a diploma in music, dance and drama from Makerere University in 2003.    

"I know it is hard time to take the decision I am taking but that is the said pain we have to go through if we are to enjoy the real democracy envisaged by the framers of our constitution and block dishonest leaders from making their way to the ballot paper," Mabirizi noted.

Warning

Mabirizi also warned people threatening violence against him saying they are not above the law.

"Allowing violence threats to detract us will mean giving away our fight for democratic freedoms into the hands of rogues which we cannot allow.  It is ok for anyone to talk ill about me provided they do not defame my name and reputation as it will attract legal sanctions at their own cost," Mabirizi warned.

Asked what motivated him to investigate Bobi Wine's academic credentials yet there are over 56 people who have since expressed interest to run for presidency, Mabirizi said, "It is part of democracy."

Asked whether he won't be seen fighting his fellow Muganda, Mabirizi said, "Leadership is not about tribe but one's potential."  

Efforts to get a comment from Bobi Wine or National Unity Platform (NUP) spokesperson Joel Ssenyonyi were futile.

Commenting on the matter last week, Ssenyonyi described Mabirizi as a busy body suffering from what to do.  

"I think Mabirizi is a busy body and suffering from what to do and it is okay for him to keep engaging. There are going to be many Mabirizis but we choose not to be bothered by them and we major on the majors," Ssenyonyi said.  

The law

Under the law, whoever gives to any person employed in the public service any information which he or she knows or believes to be false commits an offence.

While section 76(b) of the Registration of Person Act, 2015 states that any person who gives false information or makes a false statement when providing information for an entry or obtaining the issue or re-use of a national identification card is liable to imprisonment for five years.

How the battle started  

On August 10, Mabirizi petitioned EC seeking to be availed with Bobi Wine's academic credential detail.

Mabirizi argued that he wanted to satisfy his doubts that he possesses the minimum requisite papers for the office.  

"Bobi Wine's academic details available at the parliament website indicate that he was born in 1982 and sat A-level in 1998. This means that if he was born in 1982, he sat A-level at 16-years, O-level at 13-years and PLE at 9-years and started his educational journey at 2-years only which is peculiar," Mabirizi argues.  

This, according to Mabirizi created doubt about his academic credentials and could only be satisfied by looking at the academic documents tendered to EC at nomination in the 2017 by-election which brought him to parliament.  

On August 14, EC directed Mabirizi to pay sh20, 000 to Uganda Revenue Authority (URA) in order to be availed with Bobi Wine's academic documents.

On August 18, Mabirizi paid the money and was consequently availed with the documents.

Who is Mabirizi?    

Mabirizi was born in 1987 to Mohammed Mutumba and the late Mastula Ndwaddewazibwa in Mukono district.    

He possesses a bachelor's degree in law from Makerere University. He sat his A-level from Kawempe Muslim secondary school and his topped his year.  

A Muganda from the Kkobe (yam) clan, Mabirizi became famous when he dragged his own King Ronald Muwenda Mutebi II to court for what he described as illegal collection of land fess known as Busulu.    
The matter is now pending decision at the Supreme Court, a highest court on the land.  

He was also among the team which challenged the amendment of the presidential Age limit clauses (102b) in the Constitution  

Article 102 (b) of the constitution prevented anyone above 75 years from standing for president.    

The matter is pending judgment at the East African Court of Justice based in Arusha -Tanzania.