In a recent decision by the Makindye Chief Magistrates Court, charges against Abbey Musigunzi, known as Abitex, were dismissed. Abitex had been accused of negligence leading to the deaths of eleven people during the 2023 New Year Celebrations at Freedom City in Namasuba.
Grade One Magistrate Igga Adiru dismissed the 13 charges, citing the failure of the Director of Public Prosecutions to present any witnesses in the case against Abitex and his co-accused, Elvis Francis Juuko, the Master of Ceremonies (MC).
The prosecution alleged that Abitex, Jjuuko, and others had been careless that day, closing most exits and leaving only one small gate, which could not safely accommodate the more than 20,000 attendees. During the ensuing scuffle as people attempted to enter the hall after a fireworks display, eleven people, including children, lost their lives, and two others were badly injured.
The deceased included Margaret Nakatumba, Hadija Nakakande, Mary Namyalo, Ibrahim Kizito, Hakimati Hazama, Shafiq Mwanje, Viola Nakanwagi, and siblings Daniel Kibuuka and Kibuuka Daniella.
Abitex and Jjuuko had been arrested, remanded to Luzira Prison, and later granted bail, consistently maintaining their innocence. However, the prosecution failed to produce witnesses for the case.
Magistrate Iga dismissed the charges and advised that the Director of Public Prosecutions could reinstate the case if ready with witnesses.
The dismissal came following a request from the lawyer representing the accused, Musa Matovu from Lukwago and Company Advocates, who criticized the prosecution for its delay in producing evidence. Matovu argued that Abitex had lost the public’s trust and suggested holding the District Police Commander, the building owner, and the private security company accountable rather than the event organizers.
Matovu stated that he awaits instructions from his clients regarding the possibility of instituting a civil case seeking compensation.
Preliminary police findings revealed that more than 500 attendees were at the ‘party after party’ concert organized by Abitex promotions. A stampede occurred when the Master of Ceremony instructed the crowd to move out to witness a fireworks display in the parking yard. The crowd, unable to use other locked exits, forced their way through a narrow passage, resulting in the tragic incident.
