Lawyer Male Mabirizi wants Entebbe Chief Magistrate Juliet Nakitende to cancel Pastor Aloysius Bujjingo's Bail.
Mabirizi says Section 221 of the Magistrate's Courts Act provides for a "chief Magistrate to call for and examine the record of any proceedings before a Magistrate's Court for the purpose of satisfying himself or herself as to the correctness, legality or propriety of any finding decision or order recorded or passed and as to the regularity of any proceedings."
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He is thereby challenging the decision of Grade One Magistrate Stella Okwong Paculal to grant pastor Bujjingo bail.
The state accuses Bujjingo of committing bigamy and contracting marriage by customary law with Makula when already married to Teddy Naluswa under the Marriage Act.
Bujjingo and Naluswa got married on December 20, 2003. But the state however says that before the dissolution of their marriage, Bujjingo allegedly married Makula under customary law on December 7,2021 in Kawuku, Katabi Town Council in Wakiso district.
Meanwhile, Makula is accused of contracting a marriage with Bujjingo well aware that he is legally married to another woman.
The matter was first brought to court by lawyers Male Mabirizi and Robert Rutaro Muhairwe last month. Mabirizi and Rutaro instituted private prosecution proceedings against Bujjingo and Makula after their alleged traditional marriage.
However, the DPP took over the case last week amidst resistance from Mabirizi.
After, Bujjingo and Makula pleaded not guilty last Friday and they applied for bail.
Grade One Magistrate Paculal granted Bujjingo and Makula bail after State Attorney Timothy Amerit noted that the Director of Public Prosecutions-DPP does not object to their bail application.
However, Mabirizi says Paculal granted Bujjingo bail without first disposing of his application filed on January 20 stating this as the reasons why Bujjingo should be remanded to prison.
He adds that Amerit dismissed his reservations about Bujjingo getting bail such as interfering with investigations and threatening his life.
As a result, he now wants Chief Magistrate Nakitende to cancel Bujjingo's bail, "remand him to prison and his new bail application if any, be heard after you have heard and determined my criminal application No.3 of 2022 to strike out DPP's 12 January 2022 U-Turn letter."
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Chief Magistrate Juliet Nakitende is yet to respond to Mabirizi's plea.