The Office of the Director of Public Prosecution (DPP) has taken over the court case against the Kyabazinga of Busoga, His Royal Majesty, William Wilberforce Gabula Kadhumbula Nadiope IV and Queen Jovia Mutesi who over the weekend held a colourful royal wedding ceremony.
Over 2,000 illustrious guests graced the ceremony as Kyabazinga Nadiope exchanged vows with the radiant Inhebantu Mutesi.
Following the historic wedding, controversial lawyer Hassan Male Mabirizi decided to drag the Busoga King and his newlywed wife to court alongside others for engaging in what he called “an illegal marriage”.
The other sued persons include Archbishop Stephen Kaziimba Mugalu who presided over the marriage vows, and the Buganda queen Nnaabagereka Sylvia Nagginda who signed the marriage certificate of the couple as a witness.
“It has been agreed after looking at all the laws that the five charges with the first one being fictitious marriage which is picked from section 48 of the marriage act – this is specifically for King Nadiope who is much aware that he has a marriage contracted in London but at the end of the day he ends up claiming and lying to people that he has never had such a marriage and entering into a second marriage, ” Mabirizi affirmed.
“The second offence is bigamy. The Kyabazinga who is much aware that he has a marriage which is subsisting but he ends up contracting another marriage,” he adds.
However, in a letter dated 21 November, 2023, Caroline Marion Acio, who signed for the DPP, said under the provisions of A. 120 (3) (c) of the constitution of the Republic of Uganda, 1995 and section 43 (1)(a) of the Magistrates Court Act Cap 16, the Director of Public Prosecutions (DPP) may take over the conduct of the said criminal proceedings at any stage.
“This is therefore to notify you that the DPP has taken over the conduct of criminal proceedings in the said matter,” she said.
“By copy of this letter, Mr. Male H. Mabirizi K. Kiwanukais notified and requested to provide any information of evidential value , or any compiled evidence to D/ASP Anyango Evelyn the Police Division CID Officer , Kiira Central to facilitate the prosecution case file preparation.”
Busoga Kingdom speaks out:
Mr. Alex Luganda, the Busoga Kingdom Attorney General explained that the DPP had to take over the criminal case in order to critically examine and prove that it was indeed committed.
“Some private prosecutions tend to abuse court processes by scandalizing and harassing other people. In such circumstances the DPP can come in and take over the prosecution then the private prosecutor can become a witness of the state so that if they have any evidence supporting their claims, they can give it to the DPP,” Mr. Luganda said.
“In this particular incident, Male Mabirizi alleges that the Archbishop Kaziimba Mugalu presided over Kyabazinga’s marriage ceremony when he had an already existing marriage. However, he didn’t attach any evidence for the alleged marriage in the UK,” he added.
Mr. Luganda further revealed that following the allegations by one Alison Anna that she got married to the Kyabazinga in the UK, the Church of Uganda led by the Archbishop conducted an independent search in the UK Civil Marriage Registry, where it was established that such marriage never happened.
“The Busoga Kingdom also undertook a private search in the UK and it received the same results. Marriage banns were also conducted for three (3) weeks and no one came out to say that the marriage should not happen because of this or that reason. When this happened, the Church had to take a decision under the Canon Law for the wedding between the Kyabazinga and Inhebantu to happen,” the Kingdom Attorney General asserted.
“We also asked the lawyers (Mugerwa and Partners) of purported Alison to provide evidence for the marriage which their client claims happened but they failed. These people concentrated on social media stories and blackmailing. When we put them to task, nothing was produced. They even resorted to photoshopping the Kyabazinga with a Nigerian model claiming that she is Alison,” he added.
Mr. Luganda also disclosed that Mr. Mabirizi decided to “jump onto” the case to seek media attention.
“He wanted to enjoy some media attention for sometime,” he said.
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