- The case, which was initially dismissed by a lower court magistrate in February 2024, accused Ebilu of acquiring and using UGX 100 million, allegedly knowing that it was a proceed of crime linked to corruption.
Image: courtesy photo
The High Court's Anti-Corruption Division has ordered a retrial in the case where activist and lawyer Male H. Mabirizi sought to privately prosecute former Uganda National Bureau of Standards (UNBS) Executive Director, David Livingstone Ebilu, for money laundering.
This comes after a judgment delivered by Justice Lawrence Gidudu, partially upheld Mabirizi's appeal against an earlier dismissal of the case.
The case, which was initially dismissed by a lower court magistrate in February 2024, accused Ebilu of acquiring and using UGX 100 million, allegedly knowing that it was a proceed of crime linked to corruption.
The transaction reportedly took place at Naguru Panamera Bar in Kampala in July 2023. Mabirizi's prosecution was based on Ebilu's testimony before a parliamentary committee, which he intended to use as evidence of wrongdoing.
In his appeal, Mabirizi raised five key grounds, chief among them the magistrate’s decision to alter the case from a criminal prosecution to a miscellaneous application and dismiss it for lack of a prima facie case.
The magistrate had also ruled that Mabirizi’s failure to produce Hansard records (parliamentary proceedings) was fatal to his case.
However, Justice Gidudu ruled that the magistrate had erred by demanding evidence of a prima facie case at the complaint stage, which is not a requirement under Ugandan law. Instead, the court is supposed to initiate investigations upon receiving a complaint from a private prosecutor.
The judge also clarified that the magistrate had no legal justification to convert the case into a miscellaneous application.
“The complaint, which is one way of instituting a criminal case, retains its number and proceeds as such. No preliminary applications are contemplated in Section 42 of the Magistrates Court Act,” Gidudu said in his judgment.
The High Court ordered that the case be sent back to the magistrate for a retrial, directing that it be processed within three months.
Justice Gidudu emphasized that the trial court must follow proper procedure by consulting local authorities or directing police investigations, as required by law, to determine whether the complaint is frivolous or discloses an offense.
While Mabirizi won on most grounds, the court dismissed his argument that the magistrate should have immediately summoned Ebilu for corruption based on the facts presented.
Justice Gidudu ruled that no summons could be issued until the appropriate inquiries and investigations were completed.
This ruling marks another chapter in Mabirizi’s continued efforts to hold public officials accountable through private prosecutions.
Known for his relentless legal activism, Mabirizi has taken on high-profile figures in Uganda’s political and judicial circles, often filing cases related to corruption and misuse of power.
With the court now ordering a fresh look into his complaint, Mabirizi’s pursuit of justice against the former UNBS boss is far from over.
The retrial of this case highlights the importance of adhering to proper legal procedures in handling private prosecutions.
It also demonstrates Mabirizi’s determination to ensure accountability among Uganda’s public officials, as the case now returns to the trial magistrate for further proceedings.
Justice Gidudu’s ruling serves as a reminder of the judiciary’s role in ensuring that due process is followed, even in cases initiated by private citizens.