Trade Ministry Permanent Secretary Geraldine Ssali has been arrested and transferred to the Anti-Corruption Court.
She was charged with causing financial loss and conspiring with Members of Parliament to conspire to steal cooperatives’ cash.
Ssali appeared late before the Anti-Corruption Court in Kampala as the Prosecutors amended the charge sheet to make her the sixth accused person on the case file.
She was taken back to the CID headquarters to record an additional statement.
The others are Igara East MP, Michael Mawanda, Elgon County MP, Mudimi Wamakuyu, and their Busiki County counterpart, Paul Akamba.
The group is jointly charged with Leonard Kavundira, the Principal Cooperative Officer in the Ministry of Trade, and City lawyer, Julius Kirya Taitankoko.
There was a heated exchange in the Court presided over by Chief Magistrate Joan Aciro.
The exchange between the defense and the prosecution sides was on whether a charge sheet could be amended after the investigation was completed.
The matter had returned to court for further hearing of the bail application. The Prosecution was expected to make a response to the bail application.
However, the Chief State Attorneys Edward Muhumuza and Adrine Asiimwe informed the Court that inquiries were complete and that they had an amended charge sheet.
In their amended charge sheet, the Prosecution slapped all the MPs with an additional charge of receiving stolen property and the Lawyer Julius Kirya Taitankonko.
It added two counts including the charge of stealing by agent and money Laundering. Kavundira was added to the charge of abuse of the office.
However, dozens of defense lawyers who attended the proceedings objected to the amendment arguing that it was a classic example of an abuse of court process.
The lawyers comprised of Former Deputy Attorney General Mwesigwa Rukutana, Brian Rubaihayo, Edgar Ayebazibwe, Caleb Alaka, and Evans Ochieng said the accused persons applied for bail, and the state requested time to respond, and time was given to it.
Mwesigwa Rukutana said that the prosecution on June 21st, 2024 told the court that inquiries were complete. He then wondered why the State did not reveal the new facts.
Rukutana said that the introduction of this new charge was a premeditated action designed to deny the accused person their right to apply for bail as guaranteed by the constitution.
He said that it was an absurdity for the DPP not to exercise her powers properly in a way to prevent the accused person’s enjoyment of their fundamental rights guaranteed in the constitution.
As submissions were ongoing, Geraldine Ssali wearing a black skirt a top with a zebra-like print, top and a black coat chipped inside the courtroom.
She stepped to the dock to join her co-accused persons. The other co-accused appeared to be tired having stood in the dock for a long.
They listened to the proceedings while seated. Under normal circumstances, they were expected to be standing.
Geraldine Ssali was directed by the Police Officers of counter-terrorism to enter the dock and take a sit even though the Magistrate continued writing the submissions of the parties.
After a series of submissions, the Chief Magistrate, Joan Aciro ordered that Ssali be taken back to CID to enable her to take a plea on Friday afternoon as requested by the prosecution
The Amended Charges Sheet
The Court heard that Michael Mawanda, Wamakuyu Mudimi, Paul Akamba, Kirya, Kavundira, and Geraldine Ssali conspired to defraud 3.4 billion shillings that were meant for compensation of Buyaka Growers Cooperatives Society Limited based in Bulambuli District. The crimes were allegedly committed between 2019 and 2023.
The prosecution alleges that Michael Mawanda in October 2021, in Kampala diverted public funds amounting to 1,50,000,000 shillings for purposes unrelated to that for which the resources were intended.
Wamakuyu Mudimi and Paul Akamba allegedly diverted 2.3 Billion Shillings and 200 million shillings respectively for their benefit. Julius Kirya Taitankoko allegedly diverted 3.5 billion shillings.
The prosecution further alleges that Julius Kirya Taitankoko received the said money in the DFCU Bank account of Kirya and Company Advocates from the Ministry of Trade.
It is further alleged that Julius Kirya Taitankoko transferred money amounting to 911,825, 00 to Rajnish Jain on account number 3200370870 held at Centenary Bank knowing such money to be proceeds of crime.
He reportedly transferred the money to assist Wamakuyu Mudimi who was involved in the conspiracy to defraud 3.4 billion shillings, which generated the proceeds to evade legal consequences of his action.
The Prosecution states that Leonard Kavundira during the financial year 2021/2022 and 2022/2023, abused the authority of his office when he influenced and coerced the Chairperson of Buyaka Growers Cooperatives Society Limited to abandon their duly appointed Advocates of Angura and Company Advocates and Mungoma and Wakhakha and Company Advocates in favor of Kirya and Co Advocates.
The prosecution further alleges that during the financial year 2021/2022 while employed as the Permanent Secretary and assigned the role of Accounting Officer of the Ministry of Trade, Industry, and Cooperatives, Geraldine Ssali abused her authority by doing an arbitrary act prejudicial to her employer.
According to the State, that was done when she irregularly introduced Buyaka Growers Cooperatives Society Limited among the cooperatives to be compensated for the war loss by the government of Uganda.
It is alleged that Buyaka Growers Cooperatives Society was not listed on the request for the supplementary budget dated August 2021.
She is also accused of causing the financial loss of 3.8 billion shillings by making irregular payments to Kirya and Company Advocates meant for Buyaka Growers Cooperatives Society Limited.
Geraldine Ssali’s action was according to the prosecution, in contravention of the Treasure instructions of 2017 knowing or having reason to believe that such an act will cause financial loss to the government of Uganda.
Geraldine Ssali’s co-accused have been on remand for close to a month and were further remanded until then.
The adjournments are also meant to help the Magistrate write her ruling on whether a charge sheet can be amended when there is a pending bail application and when the investigations are complete.
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