Masaka, Uganda – Legal tensions have escalated in the ongoing criminal case against Lwengo District Chief Administrative Officer (CAO), Mr. Nathan Lujumwa, as the legal team representing Volunteer Uganda Extra Limited raised serious procedural concerns over the latest developments in court.
The case, centred on charges of concealment of a public record contrary to Section 45(b) of the Access to Information Act, Cap. 95, has been under public scrutiny since its inception as a private prosecution, initiated by the civil society organisation.
Following the April 24, 2025, ruling, the Chief Magistrate’s Court in Masaka confirmed that the Director of Public Prosecutions (DPP) had lawfully taken over the case, not to frustrate it, but to continue its prosecution to a “logical conclusion.”
This news site learnt that the DPP’s initial takeover was facilitated a state attorney identified as Caroline, whose handling of the case was acknowledged by the complainant’s legal team as professional and compliant with due process.
However, according to a statement issued by Volunteer Uganda’s lawyers, the proceedings on May 22 took a concerning turn when a different state attorney, from the office of the Chief Resident State Attorney, appeared in court unannounced and attempted to reassert control over the matter.
Adding to the confusion, the session was presided over by a Grade One Magistrate in the absence of the Chief Magistrate, who had handled the matter since its inception.
“The case had already been taken over by the DPP through State Attorney Caroline. Another Attorney’s abrupt intervention, without engaging the complainant or acknowledging the existing record, raised serious procedural red flags,” the lawyers stated.
According to the legal team, the Grade One Magistrate lacked the authority to record or handle the case due to the nature of the proceedings, which involve private prosecution under the Access to Information Act and require a Chief Magistrate.
“This substitution was both procedurally irregular and legally questionable. The Grade One Magistrate’s role was limited to adjourning the case, not progressing it,” the statement continued.
The complainant’s lawyers further claim that the accused, Mr. Lujumwa, has failed to appear in court for the fourth consecutive time, despite multiple summons. They noted with concern that the court had not yet issued fresh criminal summons ahead of the next scheduled appearance on June 26, 2025.
Of equal concern to the complainants is the suggestion that the accused is attempting to reframe the case as a civil matter, despite formal criminal charges already laid.
“There is a deliberate effort to delay and derail this case, and we must caution against any moves to water down criminal accountability,” the lawyers warned.
Volunteer Uganda’s legal team maintains that the DPP’s power to take over private prosecutions granted under Article 120 of the Constitution must be exercised in good faith and with a commitment to impartial justice.
“The DPP is the custodian of public prosecutions, and must not be seen as a tool to protect public officers from accountability,” they stated, citing concerns about internal miscoordination within the State Attorney’s office. “This case cannot be lawfully taken over more than once. It must continue based on the established court record.”
The court has so far issued three sets of criminal summons for Mr. Lujumwa and complainants insist that the case should proceed without delay, especially given its public interest implications.
Observers note that the case, which involves alleged refusal to disclose public documents related to NGO activities in Lwengo District, is fast becoming a litmus test for the enforcement of Uganda’s Access to Information Act and the integrity of the DPP’s oversight role.
Volunteer Uganda Extra Limited, the civil society organisation behind the case, has a recognised track record of fighting corruption, advocating for human rights, and promoting good governance.
It was recently honoured with a certificate of appreciation by the Lwengo District Local Government, signed by District Chairperson Mr. Ibrahim Kitatta Almalik and Speaker Hon. Ssenozi Peregrino.
As the next court date approaches, the complainants say they remain committed to pursuing justice and hope that the judiciary and the DPP’s office will ensure the case is neither derailed nor diluted.
