FDC’s Birigwa is asking the court to dismiss the charges brought by the private prosecutor

Outlawed national chairman of the Forum for Democratic Party (FDC), Waswa Birigwa, has asked the Buganda Road Magistrates’ Court in Kampala to dismiss charges brought against him by a private prosecutor who claims he is posing as a party leader.
Birigwa belongs to a faction of the opposition party whose office is located on Katonga Road in Kampala.

Biriggwa was sued by private prosecutor Jamal Wante, FDC vice-chairman for Eastern Uganda, who accused the former ambassador of issuing a notice on February 7, 2024 inviting members of the party’s national council, which he claimed was illegal.

However, when the case came up for hearing on Wednesday, Mr. Birigwa, through his lawyer, asked the court to dismiss the case on the grounds that Mr. Wante had never appeared in court since filing the lawsuit.
“The applicant is absent and if he fails to appear due to the complaint, this court has the power to dismiss the case for lack of prosecution. We pray that the suit be dismissed and that he be ordered to pay the costs,” Mr. Birigwa’s lawyer, Moses Tugume, told the court.

However, presiding judge Caroline Kyoshabire adjourned the case to July 18 on the grounds that Wante needed a final adjournment due to incorrect dates.
Wante claims that Biriggwa was removed as the party’s national chairman and that “illegal documents” he authored have caused discomfort and confusion among party leaders.

He went on to list the probable charges against Mr. Biriggwa which included: making false documents, making false documents, forgery, aiding and abetting a crime, falsifying judicial or official documents, making documents without authority and conspiracy to commit a crime.
“That on February 20, 2024, I filed a complaint with the Kibuli Criminal Investigation Department seeking intervention, but everything was in vain. I submitted a complaint under oath to the magistrate responsible for the place where the crime was committed,” the court document reads in part.

However, in response to the criminal case pending against him, Mr. Biriggwa argued that by bringing his case, Mr. Wante was in breach of the principle of subjudice as the issues he raised were still pending before the Civil Division of the Supreme Court.
Biriggwa further insisted that he was the national chairman of the FDC as his term had been extended by the National Delegates Conference, the highest party body of the FDC.

“According to the constitution of the FDC party, I am authorized to issue notices inviting members of the FDC National Council and my responsibilities include the national chairman of the party, with the mandate to convene the National Council. I have always communicated lawfully and have never produced any false document,” Biriggwa stated.
Adding… “I have never been removed as party chairman. I am still the chairman of the National Party in the FDC.”