Lawyer Hassan Male Mabirizi has vowed to seek a warrant of arrest for up to 10 people, whom he accuses of hiding important evidence in the case in which he sued Pastor Aloysius Bujjingo and his partner Suzan Makula Nantaba.
The couple is being accused of entering a traditional marriage arrangement when Mr Bujjingo is still legally married to his first wife Teddy under the Marriage Act.
Weeks ago, the Entebbe Magistrates Court confirmed three charges against the couple and set January 23 for the first hearing of the case.
Lawyer Mabirizi, who later received greenlight from the DPP to carry on with the case as a private prosecutor, is required to furnish court with all evidence regarding the offence, which carries up to 5 years’ imprisonment upon conviction.
However, the lawyer revealed today, Thursday that along the way, he has met resistance from some of the potential witnesses in the case, and wants these to be compelled to appear in court.
Mabirizi said he had written to a total of 17 people, most of whom attended and were part of the December 7th traditional marriage ceremony, which reportedly took place at the home of former Minister Nyombi Thembo.
Among those he wants court to issue a warrant of arrest for is Pastor Simeon Kayiwa, the founding Pastor of Namirembe Christian Fellowship and Chancellor of Kayiwa International University.
Mabirizi on Monday December 27th, wrote to Kayiwa as one of the invited guests at the ceremony to come to court and testify on “what you saw, did and perceived by your senses.”
Mabirizi however, said today that Mr Kayiwa declined to receive his letter at his office, and told one of his female employees to “close the reception.”
On Tuesday this week, in an interview however, Pastor Kayiwa confirmed that he attended the ceremony, adding however, that it was not a marriage event but “a get together.”
“I only went there to pray; anybody can be prayed for even if they are condemned,” Kayiwa said.
“Bujjingo is a student at my university and he is a pastor and a friend; how can he call me to an event like that and I don’t go?”
Meanwhile, other potential witnesses whom lawyer Mabizirizi wants arrested include Frank Gashumba, radio and TV host Isaac Daniel Katende aka Kasuku, Journalists John Sserwaniko and Susan Nawonga; former MP Kato Lubwama, James Ssenkubuge, and Salt TV Executives.
These he said, declined to receive his letters and pick his phone calls, while others issued threats to him.
“Frank Gashumba, whom I have worked with in the past told me that I called the wrong number,” Mabirizi said.
“I am not going to run after all these people to be beaten up by them. I merely extended a courtesy by writing to them first, so that court doesn’t summon them by force.” He said.
“But now they will be arrested in accordance with Section 94 of Magistrates Court Act which empowers court to summon any witness if they have evidence that is needed in court.”
“I will now ask for a warrant of arrest. They will have to appear in court by force and give evidence and get cross examined, because this is a public case. When you read the charge sheet, it says “Uganda Vs Pastor Aloysius Bijjingo…” Mabirizi added.
Among those he wrote to, Mabirizi says he only received positive response from Nyombi Thembo, Mrs Irene Ssewankambo, the head of UCC, the Kabaka of Buganda, Prof Mahmood Mamdani and Registrar General at URSB.
