The Chief Magistrate’s Court in Masaka has handed the private prosecution case against Lwengo District Chief Administrative Officer (CAO), Mr. Nathan Lujumwa, to the Director of Public Prosecutions (DPP), but with a stern caution: justice must prevail.
In his ruling dated 24th April 2025, court allowed the DPP to take over the conduct of the case under Article 120 of the Constitution but emphasized that “it is proper for the DPP to take over the conduct of this case until its logical conclusion.”
Volunteer Uganda Extra Limited, the civil society organization behind the prosecution, welcomed the ruling but voiced serious concerns. Speaking to this news website, their lawyers insisted that the DPP must not be used as a tool to frustrate the wheels of justice.
“This is a matter of public interest. The accused must take plea, and the case must be allowed to proceed without interference. The DPP should not discontinue the matter but ensure accountability is achieved as the Magistrate guided,” one of the lawyers emphasized.
The organization, represented by two lawyers in the case, explained that the matter was filed directly in court — not through the police — because the Access to Information Act, 2005, under which the charges are brought, does not provide for police investigations.
They explained that the Act mandates that any criminal proceedings must be initiated in the Chief Magistrate’s Court by way of private prosecution, with all evidence attached to an affidavit on oath.
The lawyers noted that the police appear nowhere in the Act, and they also cited previous frustrations where the police had delayed or derailed criminal cases, hence their decision to avoid that route in this case.
The lawyers further stated that the court has already formally charged the accused (CAO) and issued criminal summons requiring him to appear and take his plea, emphasizing that “he is not above the law.”
According to the charge sheet dated 31st March 2025, Mr. Lujumwa is accused of concealment of a public record under Section 45(b) of the Access to Information Act, Cap. 95.
The particulars of offence allege that on 27th January 2025, at Lwengo District Headquarters, he acted with the intent to deny Volunteer Uganda Extra Limited access to critical information relating to certified certificates of approval and permits, minutes of sittings, payment receipts, attendance lists, and renewal records of listed Non-Governmental Organisations operating in Lwengo District.
They also stressed that while the DPP has the constitutional authority to take over criminal prosecutions, this power should not be used to frustrate justice.
“The DPP is the head of public prosecutions and the protector of the rule of law. So, we don’t expect the DPP to take over the matter only to frustrate or discontinue it,” one of the lawyers said
“Whereas the DPP took over the case, we have never received any formal document communicating the takeover. However, we accepted with their Attorney that the DPP should take over the matter to continue the prosecution to its logical conclusion,” one of the lawyers explained.
The court ruling also cited important precedents supporting the right to private prosecution while recognizing the DPP’s constitutional mandate to oversee criminal proceedings. However, it warned against misuse of this power, reminding that private prosecutions exist as “a safeguard against the reluctance or partiality on the part of the State when it comes to pursuing justice against the affluent and prominent people in society.”
Observers say the case will be a major test of Uganda’s commitment to transparency and the fight against corruption.
Volunteer Uganda Extra Limited operates with a clear mandate of fighting corruption, protecting human rights, promoting transparency and accountability of public funds, legal protection, and the rule of law.
In recognition of its work, the organization was recently awarded a certificate of appreciation by the Lwengo District Local Government for its outstanding efforts in promoting good governance, the rule of law, and the fight against corruption.
The certificate was signed by Mr. Ibrahim Kitatta Almalik, the Lwengo District Chairperson, and Hon. Ssenozi Peregrino, the District Speaker.
Mr. Lujumwa now faces a third criminal summons ordering him to appear in court on May 22, 2025, at 9:00 AM to answer to the charges.
