Kampala, Uganda: The Shs3.8 billion fraud case involving embattled former Ministry of Trade Permanent Secretary Geraldine Ssali suffered another delay on Thursday after the Anti-Corruption Court failed to proceed in the absence of the Assistant Registrar.
The matter, which had come up for mention, has now been adjourned to April 15, with bail for all accused persons extended.
Presiding Principal Grade One Magistrate Paul Mujuni informed the court that proceedings could not continue because the Assistant Registrar was away on official duties at the High Court to attend activities marking the opening of the New Law Year.
“The Assistant Registrar is on official duties at the High Court. We are going to adjourn the matter,” Magistrate Mujuni said.
Defence lawyer Musimeta, appearing for Michael Mawanda and holding brief for counsel representing the other accused persons, confirmed that the matter had been fixed for mention and noted that the prosecution was not present in court.
“I appear for Accused One and also hold brief for Accused Two, Three, Four, Five and Six. This matter is coming up for mention. For the record, the state is not present,” Musimeta told court.
She applied for an adjournment on grounds that the court was indisposed and requested that bail be extended for all the accused persons. “In view of the court being indisposed, we pray that the matter be adjourned and bail extended,” she said.
Magistrate Mujuni granted the application, adjourned the matter to April 15, and extended bail for all accused persons.
The criminal proceedings remain temporarily stayed, pending the hearing and determination of a constitutional application alleging violation of human rights against the Attorney General, which must first be resolved by the Constitutional Court before the trial can resume.
Background
Ssali is jointly charged with Members of Parliament Ignatius Mudimi Wamakuyu and Paul Akamba, alongside lawyer Julius Taitankoko Kirya and principal cooperative officer Leonard Kavundira.
They face charges of abuse of office, conspiracy to defraud, money laundering and causing financial loss in relation to the payment of Shs3.8 billion to Buyaka Growers Co-operative Society.
The prosecution alleges that during the 2021/2022 and 2022/2023 financial years, Ssali irregularly added the cooperative to the list of entities eligible for war-loss compensation, despite it not appearing in the approved supplementary budget.
It is further alleged that she authorised payments totaling Shs3.8 billion to Kirya and Company Advocates, a law firm owned by co-accused Taitankoko, in contravention of the 2017 Treasury Instructions, thereby causing financial loss to the government.
In October, the Anti-Corruption Court halted trial proceedings after ruling that it must first determine a constitutional application filed by MP Akamba, who claims his rights were violated during arrest and prosecution.
The case now awaits direction from the Constitutional Court before substantive hearings can resume.
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