Friday 14 October 2011

Ministers appear in court over Chogm

Three Ministers who voluntarily stepped out of office on Wednesday were yesterday granted bail, after being charged in connection with misappropriation of funds meant for the preparation of the Commonwealth Heads of Governments Meetings (CHOGM) in 2007.

The trio; Sam Kutesa (Foreign Affairs), Eng. John Nasasira (Government Chief Whip) and Mwesigwa Rukutana (State Minister Labour) appeared before Anti- Corruption Court Chief Magistrate Irene Akankwasa, where they denied the charges. They were later released on bail upon presenting 15 sureties who were also ordered to deposit their passports.

Driven to court individually in government vehicles, the accused were charged with abuse of office and causing financial loss of Shs14 billion Chogm 2007 funds. Ms Akankwasa ordered each of them (Kutesa, Nasasira and Rukutana) to pay cash bail of Shs40 million and deposit their passports in court. Court also ordered their sureties to deposit their passports and bonded at Shs1 billion each not cash.

A plea by Mr Rukutana to have his passport returned to enable him travel to Tanzania for a business trip was denied. “The request for the order stopping the accused persons from accessing their offices is not necessary. They will honour their own commitment earlier communicated but the accused persons and their sureties will deposit their passports,” ruled Ms Akankwasa. The trio appeared calm and relaxed amidst heavy security deployment both in plain clothes and in uniform. The court registry was closed for close to four hours as the formalities of the case were done.

“We reiterate our innocence and we have full confidence in the Judiciary, we are sure that our innocence will be established,” the trio later said in a joint statement.
Prosecution led by the Head of legal Affairs at the Inspectorate of Government, Mr Sydney Asubo, alleges that on December 17, 2005, at Speke Resort Munyonyo, Mr Kutesa, Eng. Nasasira and Mr Rukutana while performing their duties as ministers abused the authority of their offices an arbitrary act prejudicial to the interest of government.

It is alleged that the trio irregularly convened a consultative cabinet sub-committee meeting on behalf of the cabinet sub-committee on Chogm and decided government would fully fund the construction of drive ways, parking areas and marina at Munyonyo Speke Resort Hotel which decision they did not have the mandate to make.
The IGG said the ministers, purporting to act on behalf of the Chogm sub-committee, irregularly committed government to fund the constructions that cost Shs14,008,138,092 well knowing or having reason to believe that such commitment would cause and did cause financial loss.
Story by ekasozi@ug.nationmedia.com & rwanambwa@ug.nationmedia.com published in the Daily Monitor Newspaper http://www.monitor.co.ug/News/National/-/688334/1255146/-/bi19n0z/-/index.html.

11 comments:

  1. Dear class,

    You are expected to comment on all stories that are posted on this blog. So feel free to share your thoughts.

    Course instructor.

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  2. Taking a Bull by the Horns and a Goat by…the B***s

    Uganda’s 9th Parliament is surely cut in a different cloth from that of the 8th. This clearly showed when 190 MPs, from both Opposition and NRM , in a bipartisan stance ‘forced’ Speaker Kadaga to recall them from recess.

    Then the sparks became airborne.

    The saying; taking a bull by the horns (and as my grand-father would add…and the goat by the balls) is what has so-far defined the 9th Parliament’s discussion of corruption in the oil sector.

    The IGG is also staggering on towards the positive…by hurling (alleged?) minister-swindlers of CHOGM cash to court.

    So, could this be the political end (and never financial end, I suppose) of these repeatedly accused (of corruption) super persons who are so close to Uganda’s other super person, the Fountain of Honour?

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  3. Thanks Thembo for your comment. But what do you think? What does this newfound bravery and confidence mean for our political landscape?

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  4. Interestingly, these same ministers were cleared by Parliament after a lengthy and costly investigation. At the end of March this year, Vice President Gilbert Bukenya along with Ministers Sam Kutesa (Foreign Affairs), John Nasasira (Works) and Attorney General Khiddu Makubuya were cleared of any wrongdoing as the House passed a motion to “forgive them on charges of abuse of office and causing financial loss over Chogm. This prompted angry opposition MPs to stage a walk out in protest. Earlier, other ministers including Amama Mbabazi had been cleared of any wrongdoing. Even President Museveni is on record saying Bukenya is innocent. So, if the Ministers were forgiven by Parliament and declared innocent by the President, what hope is there that they will be convicted by the Court? Personally, I think their prosecution is just a formality to hoodwink donors and the public that the government is doing something to fight corruption.

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  5. The current political landscape in Uganda is relatively tolerant on exercising Half Democracy as long as one is threading between caution and care.

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  6. People who swindle public funds should not only go to jail but should pay back the money they stole. Committing a person to six months in a civil prison after stealing five hundred million is not enough and it goes against the principle of indemnity. Who would not choose to persevere for six months after which return and enjoy such wealth? The money should be refunded and put back into the consolidated fund. There is something puzzling about Uganda’s laws.
    Fred Jenga

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  7. In Uganda, we Stealth where we Worketh…then we posture!

    You might think there are renewed efforts to fight corruption in Uganda. You might think the big fish is being tackled. You might even be tempted to think the implicated big fish’s necks are on the political chopping block.
    During these times, you are keen not to miss the next news bulletin so you don’t let pass the latest development on big shots in court. You mention their names (including their traditional ones last officially used in 1980 or there-about). You quote the figures of money they have hauled to ‘Numbered’ Swiss Bank Accounts. You praise the newly found courage of the hither-to weak-willed anti-corruption agencies.

    But dear friend, you could be mistaken.

    Does it mean anything to you that when top politicians are taken to court over corruption, the president calls a press conference and announces the accused are innocent? Does it matter that the president declares in public that evidence to be brought against these accused VIPs is fake?

    To me, it matters.

    Lawyers have complained that the Chogm money-swindling minister suspects were charged with the ‘wrong’ offence where the likelihood to find them guilty is less. And it could be intentional. The charge should have been about their illegal procurement of the Chogm cars, the lawyers opine. Of-course many other would-be suspects in Chogm are walking free.

    Now I hear the Chogm suspects have appealed to a superior court. Their concern is: Why should one’s ‘dear’ bail be cancelled just because he/she has been committed to the (higher) Anti-Corruption Court for trial? Gilbert Bukenya raised the same argument. The Magistrate ‘ignored’ him. The same Magistrate has agreed now that it is a serious concern which the constitutional court should first determine!

    You surely have heard of ‘delaying tactics.’ This could be it. From there, they will appeal to another court which has no Coram of judges. The appointing authority (of judges) will look on, knowing what it means.

    On Uganda’s yet-to-be produced oil, corruption is already intense. Parliament (which might be posturing) passed resolutions. Now Uganda’s higher Parliament, the NRM caucus, has directed that those resolutions made by the lower House have been overturned.

    Again, does this matter to you? Does it? That if you keep opposing the president he will leave State House and go to the bush? This is what he allegedly said at Kyankwanzi NRM retreat!

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  8. Well, I believe this is just part of the game; send them to court and hoodwink the public into thinking that something will happen, when in actual sense nothing will. Unless the Executive puts its money where its mouth is and prosecutes the corrupt, corruption will continue to be acceptable in society and the perpetrators held in high esteem. Little wonder that the court was full of high profile citizens, standing with their “accused” colleagues and probably business partners? Isn’t it about time that we abhorred corruption so much that any suspects are treated like lepers, the age-old social stigma until proven innocent?
    It’s also quite disturbing that these cases keep appearing and disappearing; the same individuals and other high ranking officials were earlier cleared of any wrongdoing and “forgiven”. Unfortunately, luck run out for one them, former VP Gilbert Bukenya who spent some days in the coolers and awaits the final judgement over the same funds.
    Whether the trio will at any one time during the proceedings receive the “fair” treatment that was accorded the good old doctor, remains to be seen. But considering the way things are going, it’s very unlikely. Just yesterday, the same court and magistrate that sent Bukenya to Luzira, stayed the trios’ case, awaiting intervention of the Constitutional Court over some legal issues raised by the trios’ lawyers. Interestingly, Bukenya’s lawyers raised the same issues on behalf of their client, but received a different ruling from the same magistrate. Is it a case of selective justice?
    Whatever happened to the good old idiom, “what is good for the goose is good for the gander”?

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  9. It appears, at least to me, that there's a clique of untouchables (read mafioso) that has grown so big and seem to hold the president at ransom. Either they are his errand boys who do the dirty work and then share the loot with 'Ali Baba', or they simply know too much insider info that they have become indispensable. Such a pain in the a**se that Tibuhaburwa would not dare touch them lest they strip him bare and expose all his dirty linen in public.

    As for now, all we can hope for is some prostate cancer attack (It has killed many a dictator!). Otherwise, what we need now is a fundamental change at the top. (Ooops, did I just say fundamental change? Pun unintended!)

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  10. Ok. So we now see Africa has more than a fair share of dictators...no shortage of Gaddafi-type rulers. Museveni is there.

    Corruption is their tool to buy loyalty.

    I propose that all who feel the despot's dirty grip should go beyond the "we wish, we wish" sentiments.

    Translate sentiment into redemptive action! Participate in stopping the cruelty of the dark-hearted!

    Let us do civic education (in our own small ways
    like with village family members, wives and children, friends...and any where, any time, including church).

    Let the media fully take pro-people sides (There is nothing to balance when everything is wrong!.

    Act knowing neo-colonialism has a hand in Museveni's dirty leadership(What was an IMF senior representative doing in the NRM Kyankwanzi meeting? Or, what has Obama so-far done to any African dictator as he threatened?)

    Never say you hate politics and that you will keep away from it! Bad politics will send us to hell!

    Our action will be awarding Museveni a trophy of errors.

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