The Director of Public Prosecutions has been granted permission to withdraw the case against Robert Kyagulanyi, commonly known as Bobi Wine, from the Law Development Centre magistrate’s court in Kampala.
Male Mabirizi, a lawyer, rushed to court and filed a complaint against Kyagulanyi, who graduated from the university over 20 years ago with a Diploma in Music, Dance, and Drama-MDD, which he claims was earned fraudulently because the singer/politician was not eligible for entrance.
Mabirizi claimed that Kyagulanyi, who was 20 at the time, was registered as a student of MDD on a mature age entry scheme on October 21, 2000, in violation of the Makerere University Prospectus of 1999/2000-2000/2001, which stated that to be admitted for the mature age entry at the time, a candidate had to be at least 25 years old or have completed formal education at least five years prior to the year of admission to the university.
The DPP, on the other hand, took over prosecution of the case and later petitioned the court to allow him to withdraw it.
Mabirizi shuffled his feet as he pondered the situation.
The trial magistrate Augustine Alule ruled on Monday that the DPP has the authority to prosecute criminal cases and has the authority to drop charges.
“In the event that the DPP wants to take over the private prosecution or cease proceedings from another person or authority,” Alule explained, “the court’s function is just to consent.”
She stated that the DDPP is not obligated to provide reasons for the decision.
“Having determined that the DPP operated within her powers and authority, and that the DPP showed no contempt for the public interest, administration, or legal process, I see no reason to refuse this court’s approval to dismiss this case.”
Mabirizi shuffles his feet.
However, as a result of the change, lawyer Male Mabirizi has stated that he will launch a fresh case in the matter.
“For lack of jurisdiction, all LDC court actions, judgements, and claimed discharge by the DPP of Robert Kyagulanyi for academic fraud at Makerere University are null and void.” Because Makerere is in Kawempe division and not Central division, we will file at Nabweru,” Mabirizi explained.