Lwengo District Woman MP, Cissy Namujju and Bunyole East County MP Yusuf Mutembuli, have been denied bail for lack of substantial sureties. Meanwhile, court released their counterpart, Busiki County MP Paul Akamba.

The three were nabbed on Monday after they had been summoned to record statements about corruption-related allegations. The group was quizzed and later detained at Kira Police Divisional Headquarters, where they spent two nights. 

They were later arraigned before the Anti-Corruption Court Chief Magistrate Joan Aciro and charged with corruption and influence peddling.

The prosecution alleges that while at Hotel African on May 13, 2024, the three solicited a bribe from Chairperson of Uganda Human Rights Commission, Mariam Wangadya, to enhance the commission’s 2024/25 budget. The group would take 20% of the enhanced budget.

 The trio has pleaded not guilty and subsequently remanded until June 14, 2024. Through their lawyers, led by Bugiri Municipality MP Asuman Basalirwa, the three applied for bail.

Appearing before court earlier today, Namujju and Mutembuli were denied bail, while Akamba was granted Shs13 million cash bail and his sureties were bonded for Shs200 million in non-cash bail each. The two were further remanded to Luzira prison until June 17, 2024.

 Their arrest followed President Yoweri Museveni’s remarks revealing that there is a racket of people in the ministry of finance and parliament taking bribes to approve the budgets of various government agencies.

 “I have been getting good information about corrupt actors not only among public servants but also among political actors. With some evidence, we shall crush these traitors.” Museveni said.

“I have been hearing, but now I have proof. I have been hearing from the Ministry of Finance; they arrange for accounting officers of ministries to come to parliament. Working with some people there to provide certain funds, provided you take a share, I didn’t believe it, but now I have proof,” Museveni said.

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City businessman and Company Director at Taifa Partners Limited, Emmanuel Asiimwe who is accused of forging and uttering false documents left many people in a fully parked court shocked by admitting to have committed the offences.

This happened last week after the Chief Magistrate – Buganda Road Court, His Worship Ronald Kayizzi guided the businessman to reveal the truth so as to give a leeway to the out of court settlement. Just like a drowning man who looked for support from a serpent, Asiimwe let the cat of the bag when he put it on court record that the complainant was a beneficiary of the fraudulent bank resolution and Powers of Attorney that were ‘signed’ by the Company Secretary Charles Okello. By saying this, he incriminated himself that he forged the signature of his Company Secretary who is a top witness in the same court matter. Ironically the person Asiimwe claims was a beneficiary is the main complainant against his fraudulent activities.

Asiimwe who was not coached properly by one of his many lawyers, Junior Kanyamuyenga mixed up the criminal matters with a commercial dispute. Despite the guidance by the Chief Magistrate, he continued to confuse court by failing to explain whether it was the commercial dispute that lured him into committing a crime of forgery.

On the inquiry by the Chief Magistrate, the complainant revealed that he has nothing personal against the accused. He said that the charges against the businessman are purely criminal in nature and nothing commercial in them. The accused forged the documents and it gives him a criminal liability.

STATUS OF THE FILE

In order to delay Justice, Asiimwe who earlier kept dodging court, changing lawyers and feigning sickness (acute diarrhea) managed to pull out the file from Buganda Road Court back to DPP’s office for perusal. This is not the first time, he is lodging a baseless complaint. The complaint, similar in nature and presentation was earlier quashed by the DPP. In her letter to the Resident State Attorney at Buganda Road court in November, the DPP guided that the trial should proceed.   

However, through his lawyers M & K Advocates, Asiimwe lodged another complaint on May 1, 2024 to DPP whose contents are similar to the earlier complaint that was quashed.

The letter which this Publication has seen titled “Complaint regarding prosecution of Case Vide Crim No. CRB 386/2023 Uganda Versus Asiimwe Emmanuel goes on to indicate that on August 23, 2023, Asiimwe was arrested and detained at CPS and was later arraigned before the Chief Magistrates Court of Buganda and charged with ten counts. 3 counts of forgery contrary to section 342, 345 (d) (i) and 347 of the penal code and 5 counts of uttering false documents contrary to sections 351 and 347 of the Penal Code Act.

“Our client pleaded not guilty to the charges and was subsequently released on bail on August 25, 2023 pending trial to before the Chief Magistrates Court of Buganda Road by His Worship Ronald Kayizzi. On the October 10, 2023, our client lodged a complaint to the office of the Director of Public Prosecution. Our client has never been informed out the outcome of the investigations until on April 30, 2024. Our client is not satisfied with the outcome of the investigation.

Since the complaint was lodged, our client has found out more information and concerns that he would bring to the attention of your office for further review and guidance,” the letter to the DPP partly reads.

WAY FOWARD

This above complaint however is not different from the one that was lodged by Asiimwe’s lawyers on October 2nd, 2023.  It should be noted the lawyers erred saying their client has never been informed of the outcome when actually, they are in possession of the DPP’s visible reply.

On November 3^rd, the Regional DPP Kampala Catherine Namakoye wrote to the Resident State Attorney, Buganda Road on the matter registered vide CRB 386/2023 of Uganda versus Asiimwe Emmanuel. “Reference is made to the above matter and a complaint addressed to this office from M & K Advocates on behalf of the accused seeking for review of the case file. We have carefully perused and analysed the evidence in the file in light of the complaint lodged and find no merit in the complaint.

There is sufficient evidence on record to show that the contested documents were forged. There is a forensic report to that effect on record. Since the matter is already in court and under hearing, the prosecution of the case should proceed to the logical conclusion. Let the court be given an opportunity to decide on the matter. The file is hereby returned for your further handling….,” the DPP’s letter partly reads.

VERDICT

According to the legal experts, the accused is wasting Court’s time. He has tried all means to frustrate the hearing of the case by changing lawyers all the time and feigning sickness. All the issues raised in his complaint are triable and he has a right to challenge or deny them during trial. “It is very unfortunate that the accused keeps forwarding baseless complaints to the office of the DPP yet a proper investigation was carried out by the same office.

The accused’ numerous complaints are another tool to delay further the trial at Buganda Road Court. This is very unfair to the complainant and the witnesses who travel long distances every time the court is in session. The main witness tendered his evidence in court in November last year but the accused’s lawyers deliberately refused to cross examine him. Justice delayed is justice denied. The Accused’ complaint is a waste of Court’s time and it should be ignored,” the legal experts weigh in.

FACTS OF THE CASE

The facts are that Okello Charles’ (former Company Secretary) signatures were forged by the accused person for the purposes of revoking the Powers of Attorney previously granted by the Company (Taifa Partners Ltd) to Assa Tumwesigye to be their authorized representative for the contract reference UPN/WRKS/2020 – 21/00490 under Uganda Prisons Service.

Contrary to Asiimwe’s claims, the above matter was handled under Company Petition No. 21783 of 2023 by URSB and the forged documents (Company resolution and powers of Attorney) were all expunged from the URSB registry.

Assa Tumwesigye holds valid Powers of Attorney of the Company as per the URSB ruling and order. Okello Charles though he ceased to be a member of the Company is a competent witness in this criminal case and there is no law that requires a witness to be a member of the Company especially when it is his signature that was severally forged by the Accused.

It should be noted that the forgeries were all committed before another shareholder Davanti Union Ltd came on board as a shareholder and member of the Company. To shy away from the truth, the accused is trying to use Davanti Union Ltd as a scapegoat for his crimes.

The accused has the liberty of getting his own handwriting expert report which can be used in his defense and this cannot be the work of the DPP to procure an expert report when it already has a report from the prosecution /police.  

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Parliament has pledged to stand with the three incarcerated legislators following their arrest and subsequent remand to Luzira Prison.

Yesterday, the Anti-Corruption Court remanded Lwengo District Woman MP Cissy Namujju; Busiki County MP Paul Akamba and Bunyole East County MP Yusuf Mutembuli over corruption.

The prosecution alleges that while at Hotel African on May 13, 2024, the three solicited for a bribe from the executive Chairman of Uganda Human Rights Commission, Mariam Wangadya, to enhance the commission’s 2024/25 budget. The group would take 20% of the enhanced budget.

 While officiating the handover ceremony of the new leadership of the Uganda Parliamentary Forum on Youth Affairs (UPFYA) at Parliament, Deputy Speaker Thomas Tayebwa urged MPs not to hide from attending the reading of the 2024/25 budget due to fear of arrest.

“Parliament will stand by the three MPs arrested over corruption until they are pronounced guilty, and this decision shouldn’t be viewed as Parliament condoning corruption,” he said.

He assured MPs that President Museveni is happy about the performance of the 11th Parliament, and that reports about rackets of corruption have been swirling around since the 9^th and 10^th Parliaments, and he urged all MPs to support the cleansing exercise.

He noted that Museveni is narrowing down and they must support efforts aimed at cleaning the institution, and the only way they can support the efforts is by checking their behaviour, behaving in a more transparent manner and avoiding small things.

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Officials from Northern Uganda have accused Uganda National Roads Authority (UNRA) and security personnel currently managing Karuma bridge, of bribery and extortion, claiming that truck drivers are being ordered to pay Shs300, 000, while buses Shs200, 000 per route to use the bridge at night, saying such greedy and selfish acts are endangering lives of people using a bridge that was closed off after developing cracks.

The MPs included; Gilbert Olanya (Kilak South), alongside Judith Peace Achan (Nwoya DWR), Boniface Okot (Youth Northern), Linda Auma (Lira DWR) & Denis Oneka (Kitgum Municipality) raised the concern during a press briefing at Parliament, where they decried the high cost of living in their region following the closure of the bridge, due to disruptions in trade.

“The trucks and buses come during day time, and park near Karuma bridge. At night hours, the truck owners pay Shs300, 000 and are allowed to cross the bridge which was closed. The buses are paying Shs 200, 000 to cross Karuma. Now we are looking as if UNRA must be conniving with security personnel that are blocking the bridge to extort money from the truck owners and buses that are moving to Northern Uganda. As if at night hours, the bridge becomes stronger and during day time, the bridge is weak,” said Gilbert Olanya (Kilak South).

Judith Peace Achan (Nwoya DWR) noted that there has been a high increment in transport fares and inflation in commodities for the men and women who do business in Northern Uganda just because of that diversion.

“We got disturbing information that the traders are being charged and from the time they do business, they don’t meet the deadline. Sometimes, the good get rotten on the way because they have to wait for the time that they can bribe the security men at the bridge,” noted

Linda Auma (Lira DWR) stated that this is putting the users of these means of transport at risk because they are aware that UNRA temporarily closed the usage of this bridge especially for heavy trucks because of its status at the moment that is not safe for human usage.

She stated, “The security team that is manning this bridge is using it for its financial advantage, by putting the lives and businesses that are being transported at risk due to their selfish interests of getting money at night.”

Boniface Okot (Youth Central) said that Northern Uganda is part of Uganda and Northern Uganda has 8million citizens and all these are people who pay taxes they always have to organize press conferences in order for these people to access a public good. There was a commitment from UNRA that it will take them only three months to have a re-construction of Karuma but until now when you go to the bridge, there is hardly any progress; there is no equipment on site. Adding, “We are wondering what kind of calendar UNRA uses. Do they use the Gregorian calendar or the Hebrew calendar to make these commitments?”

Okot added, “Northern Uganda is bleeding because we need urgent and affirmative action on infrastructure projects and bridges. UNRA needs to inform the region if they derive pleasure when the poorest region in the country with a very high poverty rate is being charged very high prices of commodities on account of their failure to properly manage the reconstruction of this bridge, their extortions, their delays and their diversions.”

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