Mabirizi petitions court to block arrest of Alupo, Nabbanja over Iron sheets scandal

KAMPALA, UGANDA: City lawyer Hassan Male Mabirizi has petitioned the Anti-Corruption court to block any further prosecution of suspects implicated in the Karamoja iron sheets scandal.

Three ministers so far including junior Finance minister Amos Lugoloobi, Karamoja Affairs minister Mary Goretti Kitutu and her junior minister Agnes Nandutu have been arrested for allegedly diverting and irregularly benefiting from the iron sheets meant for the vulnerable people of Karamoja.

Other suspects include vice president Jessica Alupo, speaker Anita Among, prime minister Robinah Nabbanja among others. But according to Mabirizi, Alupo, Nabbanja, MPs and other Local Government officials are not holders of offices in the public service and hence cannot be held criminally liable.

In December 2021, parliament passed a supplementary budget worth Shs 39 billion to support various programs in Karamoja. Of these, Shs 22 billion was meant to purchase goats while Shs 5 billion were for the procurement of 100,000 iron sheets which are alleged to have been diverted.

President Yoweri Museveni on April 3 wrote to Nabbanja who is also implicated in the scandal, saying those who were involved in the iron sheets scandal made a political mistake and promised to make political action.

Now Mabirizi argues that under the law, it is only the permanent secretary Office of the Prime Minister (OPM) and his or her subordinates who are responsible for accountability and not the said official bearers.

The criminal investigations department (CID) last month stated that they were investigating 22 ministers, 31 MPs, and 13 chief administrative officers over the iron sheets scandal, the spokesperson of the Office of the Director of Public Prosecutions (DPP) Jacquelyn Okui stated that files of those implicated will be coming in piecemeal form as and when they are forwarded by the police which is investigating the matter.

According to Mabirizi the piecemeal investigations, arrests, detentions, and prosecutions derogate the right to a fair hearing.

Mabirizi argues that after carefully studying several articles in the Constitution, he now understands that the vice president, speaker, prime minister, and ministers can’t be charged for items in their offices.

Instead, he argues that it is the work of accounting officers who should be held accountable and that the recycling of one case of the 14,500 iron sheets into multiple files is designed by President Museveni to derogate the accused persons’ right to a fair hearing and deny them access to affordable legal services.

To support his case, Mabirizi has attached several decisions by the Constitutional Court and the Supreme Court including that of Godfrey Kazinda and another of Kizza Besigye all against the state where a similar decision was made.

Mabirizi’s application which was filed yesterday Monday has now been fixed for hearing before the Anti-Corruption Court judge Lawrence Gidudu on May 22, 2023. He contends that the investigations, arrests, and prosecutions infringe upon and derogate fundamental human rights guaranteed under the Constitution.

Mabirizi wants court to issue a permanent injunction restraining the police, DPP or any other state agency from further conducting investigations, arrests, detentions, and prosecutions against the vice president, speaker, prime minister, ministers, MPs and local government officials.

He has listed the attorney general and the DPP as the only respondents in this case and wants them to pay him general, exemplary, and aggravated damages jointly and severally as well as costs of the suit.