Proceedings in the Ugx. 3.8Bn fraud case involving former Trade Ministry Permanent Secretary Geraldine Ssali were adjourned on Thursday after the Anti-Corruption Court said it could not proceed in the absence of the Assistant Registrar.
The case, which had been listed for mention, was rescheduled for April 15, with bail for all accused persons extended.
Presiding Principal Grade One Magistrate Paul Mujuni explained that the Assistant Registrar was away on official duties at the High Court for 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,” he said.
Musimeta, Defence lawyer representing Michael Mawanda and holding brief for the other accused, confirmed that the case was set for mention but 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,” Ms Musimeta told the court.
She prayed that the proceedings be deferred due to the court’s unavailability to proceed and requested that bail be extended for all 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 request, adjourning the case to April 15 and extending bail for all accused persons.
The case is temporarily on hold pending the hearing and determination of an application of violation of human rights against the Attorney General which must be first determined by the Constitutional Court before the case goes on.
Background
Ms Ssali is jointly charged with Members of Parliament Michael Mawanda, 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 Shs3.8 billion paid as compensation to Buyaka Growers Co-operative Society.
Prosecution alleges that during the 2021/2022 and 2022/2023 financial years, Ms 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 Mr Taitankoko, in violation of the 2017 Treasury Instructions, causing financial loss to the government.
In October, trial proceedings were halted after the court ruled that it must first determine a constitutional application filed by MP Akamba, in which he claims his rights were violated during arrest and prosecution.
The case remains pending guidance from the Constitutional Court.
