More than a year after former Ministry of Trade, Industry and Cooperatives Permanent Secretary Geraldine Ssali Busuulwa and five others were arraigned before the Anti Corruption Court, this corruption case remains unheard, even as the Office of the Director of Public Prosecutions (DPP) has repeatedly indicated that it is ready to proceed with the prosecution.
The case, which generated investigations into the controversial compensation of cooperative unions involved allegations of irregular payment of government funds intended for war affected cooperatives.
Ssali is jointly charged with Igara East MP Michael Mawanda, Busiki County MP Paul Akamba, Elgon County MP Ignatius Mudimi Wamakuyu, Principal Cooperative Officer Leonard Kavundira and city lawyer Julius Kirya.
The accused face several charges, including abuse of office, causing financial loss, conspiracy to defraud, diversion of public resources, money laundering and receiving stolen property. All six have denied the charges.
According to the charge sheet, prosecutors allege that while serving as Permanent Secretary and Accounting Officer, Ssali authorised the release of about Shs3.8 billion to Kirya and Company Advocates on behalf of Buyaka Growers Cooperative Society Limited, despite the cooperative allegedly not appearing on the list approved for compensation.
The prosecution contends that the payments were processed contrary to established government financial procedures and Treasury Instructions, resulting in financial loss to the government.
Court documents further allege that the accused participated in a scheme to fraudulently obtain billions of shillings earmarked for compensation under the government’s programme to compensate cooperative unions that suffered losses during previous conflicts.
Prosecutors also accuse lawyer Julius Kirya of receiving and handling the disputed funds through his law firm, while Kavundira is alleged to have participated in processing the compensation claims. The three Members of Parliament are accused of participating in the conspiracy surrounding the compensation payments.
The criminal proceedings followed extensive investigations by Parliament’s Committee on Commissions, Statutory Authorities and State Enterprises (COSASE), which uncovered widespread irregularities in the management of government compensation funds.
The parliamentary inquiry examined compensation payments involving several cooperative unions, including Buyaka Growers Cooperative Society Limited, Bwavumpologoma Growers Cooperative Union Limited, South Bukedi Cooperative Union, Masaaba Cooperative Union, Busoga Growers Cooperative Union, Lambuli Central Pulpery Cooperative Society, Banyankole Kweterana Cooperative Union, Teso Cooperative Union, Lango Cooperative Union, West Mengo Growers Cooperative Union and East Mengo Growers Cooperative Union, among others.
The committee found that some cooperatives were allegedly compensated without proper verification, others received duplicate payments, while some verified beneficiaries were left uncompensated. It recommended criminal investigations into officials and other individuals linked to the management of the compensation programme.
Those recommendations triggered investigations by the State House Anti Corruption Unit, the Criminal Investigations Directorate, the Inspectorate of Government and ultimately the Office of the Director of Public Prosecutions, which sanctioned criminal charges against the six accused.
Although the prosecution was expected to commence presenting its witnesses, proceedings were delayed after co accused Paul Akamba challenged aspects of the criminal proceedings before the Constitutional Court.
Following the Constitutional Court’s ruling, the matter returned to the Anti Corruption Court, where the prosecution informed the court that investigations had been completed and it was ready to proceed with the trial.
“The prosecution is ready to proceed,” state attorneys have told the court during previous appearances as they sought hearing dates.
Prosecutors will rely on documentary evidence, government payment records, Treasury documents, ministry correspondence, bank records and witness testimony to support the charges against the accused.
The Anti Corruption Court will fix hearing dates for the prosecution to begin presenting its evidence.
Under Uganda’s Constitution, all the accused remain presumed innocent unless and until they are found guilty by a competent court.
