Male Mabirizi
KAMPALA - Maverick lawyer Hassan Male Mabirizi has threatened to take prosecution of Kyadondo East lawmaker Robert Kyagulanyi Ssentamu a.k.a Bobi Wine in regard to his age to East African Court of Justice.
Mabirizi, who has since appealed to the High Court against the decision of Wakiso Grade One Magistrate Esther Nyadoi for allowing the Director of Public Prosecutions (DPP) to take over prosecution of Bobi Wine, argues that if the High Court declines to overturn her ruling, he is going to take the matter to the East African Court of Justice.
"I cannot allow DPP to take over my case. DPP was sleeping on her job because the offence I am alleging was committed in 2017 and they cannot wait until I institute private prosecution and come to court and request to take it over. I am not a common man but a lawyer and I cannot fail to prosecute my case. I am considering taking the matter to the East African Court of Justice because I cannot allow DPP to play around on my case," Mabirizi said.
Last month, Mabirizi opened charges of giving false information, obtaining registration by false pretence and uttering false documents against Bobi Wine.
He accused him of lying to Wakiso district Electoral Commission (EC) returning officer about his age and academic credentials during the 2017 Kyadondo East parliamentary by-election.
In his application lodged at Wakiso Court on August 25, 2020, Mabirizi contends that Bobi Wine gave false information to the Wakiso district Electoral Commission (EC) returning officer about his age and academic credentials during the 2017 Kyadondo East parliamentary by-election, in which he emerged the winner.
Mabirizi alleges that on May 31, 2017, at Wakiso district Electoral Commission, Bobi Wine submitted academic documents to the returning officer indicating that he had completed A-level, whereas not.
He also accuses Bobi Wine of uttering two false Uganda National Examination Board letters of verification of his results no. V0006678 and no.0006677.
Mabirizi argues that Bobi Wine's UCE certificate is written in the names of Kyagulanyi Ssentamu R, which is different from Kyagulanyi Robert Ssentamu on his UACE certificate.
Mabirizi further argues that although Bobi Wine's UCE certificate indicates that he sat ‘O' level in 1996, he could not have sat ‘A' level in March 1998, noting that it is practically impossible because it is a space of less than two years.
"This is not practically possible because after sitting the exams at the end of 1996, he had to wait for results early 1997 and presentation of A-level results for March 1998 means he spent only one year in advanced level instead of the required two years which is not possible," Mabirizi contends.
What Bobi Wine says
Bobi Wine, however, insists that he was born on February 12, 1982, at Nkozi hospital but his father altered his birth dates so that he could sit Primary Seven while in primary six.
The legislator contends that he has since deponed an affidavit rectifying the anomaly.
"I was born on February 12, 1982, in Nkozi and my elder brother Julius Walakila on October 23, 1979. There is no way I would be born on February 12, 1980, only four months after the birth of my elder brother," he said.
Mabirizi was prompted to probe Bobi Wine's academic documents and age after his profile on the parliament website indicated that he sat his O-level at Kitante Hill School in 1996 and A-level at Kololo secondary school in 1998 which according to Mabirizi is peculiar in Uganda's education system.
The National Unity Platform (NUP) leader is facing the charges under Section 115, 312, 315 and 347 of the Penal Code Act. The offences attract a maximum sentence of 5-years-imprisonment, on conviction
Section 42(3) (6) of the Magistrates Court Act allows any person who believes that an offence has been committed to lodge a complaint to the Magistrate with supportive evidence in order to be allowed to commence private prosecution against the said person.
