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FDC’s Birigwa asks court to dismiss charges by private prosecutor
Forum for Democratic Party (FDC)’s Waswa Birigwa. PHOTO/ FILE
What you need to know:
- Mr Biriggwa was sued by a private prosecutor, Mr Jamal Wante, the vice chairperson of FDC for Eastern Uganda who accused the former ambassador of issuing a notice inviting the party’s national council members on February 7, 2024 which he says was illegal.
The estranged Forum for Democratic Party (FDC) national party chairman Waswa Birigwa has asked Buganda Road Chief Magistrate’s Court in Kampala to dismiss charges brought against him by a private prosecutor who claims he’s masquerading as party leader.
Mr Birigwa belongs to the opposition party’s breakaway group whose offices are at Katonga road, Kampala.
Mr Biriggwa was sued by a private prosecutor, Mr Jamal Wante, the vice chairperson of FDC for Eastern Uganda who accused the former ambassador of issuing a notice inviting the party’s national council members on February 7, 2024 which he says was illegal.
However when the case came up for hearing on Wednesday, Mr Birigwa, through his lawyer asked court to dismiss it on grounds that Mr Wante has never showed up in court ever since he filed his case.
“The applicant is absent and in the event of nonappearance by the complaint, this court has powers to dismiss the case for want of prosecution. We pray that it is dismissed with costs,” Mr Birigwa’s attorney, Mr Moses Tugume told the court.
But the presiding magistrate, Ms Caroline Kyoshabire deferred the case to July 18 reasoning that Mr Wante needs the last adjournment since there was miscommunication of dates.
Mr Wante states that Mr Biriggwa was dropped as the party national chairman and that the “illegal documents” he authored have caused discomfort and confusion among the leaders of the party.
He then listed probable charges against Mr Biriggwa which included; making of false documents, uttering false documents, forgery, aiding and abetting crime, forgery of judicial or official documents, making documents without authority and conspiracy to commit a felony.
“That I filed my complaint to the Criminal Investigation Department at Kibuli on February 20, 2024 for intervention but all was in vain. I made a complaint on oath to a magistrate in the locality where the offence occurred,” reads in part the court document.
However, in response to the criminal case against him, Mr Biriggwa stated that by bringing up his case, Mr Wante is contravening the rule of sub judice as the issues he raises are still pending in the Civil Division of the High Court.
Biriggwa further insisted that he is the national chairman of FDC, his term of office having been extended by the National Delegates Conference, the highest party organ of FDC.
“I am mandated under the party constitution of FDC to issue notices inviting members of the National Council of FDC and it is my office of the party national chairman with the mandate to convene a National council. I have always made lawful communications and have never uttered any false document,” Mr Biriggwa stated.
Adding…“I have never been dropped as party chairman. I am still the National party chairman of FDC.”
