The Anti-Corruption Court in Kampala has issued criminal summons against Busiki County Member of Parliament Paul Akamba after he failed to show up in the case in which he is jointly charged with six others for defrauding Buyaka Growers Cooperative Society Limited of 3.4 billion shillings.
The summons was issued on Monday by Patrick Talisuna, the Acting Assistant Registrar for the High Court Anti-Corruption Division, who sat in for the trial Judge Jane Okuo Kajuga when the matter came in for mention.
State Attorney Raymond Mugisa informed the Court that the case is for mention, but it is waiting for the constitutional court ruling on the application that was filed by Akamba, in which he seeks to enforce his human rights after alleging torture while in state custody.
However, Akamba himself wasn’t present while his co-accused attended the Court session.
In the circumstances, the Prosecution prayed for a criminal summons and an adjournment for the case.
The lawyers for the accused persons, led by Former Deputy Attorney General Mwesigwa Rukutana, said they are not aware when the Constitutional Court will decide on Akamba’s matter.
In response, Talisuna told the parties that he was instructed to give them June 6, 2025, as the next date. The matter was accordingly adjourned until then, and a criminal summons was issued for Akamba.
Akamba is jointly charged with five others, including Geraldine Ssali the former Permanent Secretary in the Ministry of Trade and Cooperatives.
The others are Igara East MP, Michael Mawanda, Elgon County MP, Mudimi Wamakuyu, and their Busiki County counterpart, Akamb, who is the applicant in this matter.
The group is jointly charged with Leonard Kavundira, the Principal Cooperative Officer in the Ministry of Trade, and City lawyer, Julius Kirya Taitankoko.
It is alleged that Michael Mawanda, Wamakuyu Mudimi, Paul Akamba, Kirya, Kavundira, and Geraldine Ssali conspired to defraud 3.4 billion shillings that were meant for the compensation of Buyaka Growers Cooperatives Society Limited based in Bulambuli District. The crimes were allegedly committed between 2019 and 2023.
Akamba faces two separate corruption cases in the Anti-Corruption Court, which have all since stalled because of his human rights application in the Constitutional Court, which he wants to declare the trial a nullity based on torture.
On October 1st 2024, the head of the Anti-Corruption Court, Justice Lawrence Gidudu, halted the trial in which MP Akamba was jointly charged with two other legislators for corruption.
Gidudu halted the trial and referred Akamba’s application seeking to dismiss corruption charges against him over alleged human rights violations to the Constitutional Court for determination.
The Judge declined to set Akamba free from corruption charges and instead sent his matters to the Constitutional Court for it to determine two legal questions.
Whether the provisions of some sections (7,8 and 11(2)) of the Human Rights Enforcement Act mandate the trial court to nullify a trial and acquit an accused without taking evidence in a trial violate the right to a fair hearing; and whether a victim of crime has a right to a fair hearing in article 28 of the Constitution.
In the first case, where Akamba’s trial was halted, he is jointly charged with Lwengo District Woman MP Cissy Namujju Dionizia, Bunyole East MP Yusuf Mutembuli, for soliciting a 20 percent bribe from the Uganda Human Rights Commission to influence the passing of its budget.
In his application, he asked the court to drop charges against him on the basis that Akamba alleges that his human rights were violated during and after his re-arrest more than two months ago and that he was also tortured.
Through his lawyer Jude Byamukama, he told the Court that he was rearrested on June 14th 2024, shortly after securing bail in the lower court, he was detained in an ungazetted facility for seven days before he was produced in Court on other charges.
Akamba was rearrested by security personnel outside the Court premises after securing bail at 13 million shillings. He was later charged with six others, including MPs Michael Mawanda, Mudimi Wamakuyu, Trade Permanent Secretary Geraldine Ssali Busuulwa, Ministry of Trade official Leonard Kavundira and Lawyer Julius Kirya Taitankonko, who are all out on bail on bail.
Akamba in total paid 98 million shillings to secure temporary freedom in September 2024 from the three Judicial officers he appeared before in more than 60 days he was in prison.
In his decision, Justice Gidudu also declined to stop another separate trial against Akamba in which he is accused of theft of more than 3.4billion together with the former Permanent Secretary in the Ministry of Trade, Industry and Co-operatives Geraldine Ssali Busulwa and four others in another court saying that he has no powers to order another Judge on how a case should be handled.
Following that decision, the lawyers went and filed another similar application before Justice Kajuga to have charges against Akamba dismissed for having been tortured, hence a violation of his rights. But following the dismissal, the lawyers also filed a similar matter in the Constitutional Court, which hasn’t yet decided on their prayers.
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