The High Court in Kampala has dismissed an attempt by lawyer Male Mabirizi to reopen a private prosecution case against National Unity Platform (NUP) leader Robert Kyagulanyi Ssentamu, popularly known as Bobi Wine. Mabirizi had accused Bobi Wine of registering NUP through false claims and initially filed the case in 2021 at the Law Development Centre (LDC) Magistrate’s Court. However, the Director of Public Prosecutions (DPP) quickly took over the matter, reviewed the evidence, and decided to withdraw the charges, stating that the case lacked merit and was not in the public interest.

Unhappy with the withdrawal, Mabirizi went to the High Court, claiming that the trial magistrate had wrongly allowed the DPP to discontinue the case without following Article 120(5) of the Constitution, which requires court consent. He requested that the High Court reinstate the case and assign it to a new magistrate. However, Justice Emmanuel Baguma rejected his arguments, noting that the LDC magistrate had indeed given consent for the case to be discontinued and that Bobi Wine was properly discharged. The judge explained that the Constitution gives the DPP full authority to take over private cases and even discontinue them, as long as the court agrees.

“The law does not prescribe a specific format for consent,” Justice Baguma said. “When the DPP applies to withdraw a case and the court allows it, that counts as consent. It cannot be argued that consent was not given.” The judge also referenced past rulings, including Tinyefuza v Attorney General (1997) and Prof. Gilbert Bukenya v Attorney General (2011), to highlight that the DPP operates independently and that courts cannot force the office to continue cases lacking evidence.

Justice Baguma further emphasized that private prosecutions are always secondary to public prosecutions. Once the DPP takes over a case, it falls entirely under their control, including the power to discontinue it under Article 120(3)(d) of the Constitution. Male Mabirizi, who often represents himself, has gained a reputation for filing multiple private cases against politicians and government officials. His attempt to reopen the case against Bobi Wine was among his most high-profile legal efforts.

In the end, the High Court found Mabirizi’s application had no merit, giving Bobi Wine yet another legal win. The ruling reaffirms the DPP’s authority and clarifies the limits of private prosecutions in Uganda, reinforcing the principle that the courts respect the independence of public prosecutions.

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