Two former employees of the Ibanda district local government, accused of illegally exchanging a portion of the Ibanda Forest Reserve for land owned by the Rukokoma Mixed Farmers’ Cooperative Society, have a case to answer.
Matsiko Mutungwire, the former district chief administrative officer (CAO) and natural resources officer Tom Nuwagira are facing charges of abuse of office contrary to section u(t) of the Anti-Corruption Act 2009 as amended.
The offence of abuse of office attracts seven years in jail or a fine not exceeding sh3.3m, or both.
It is alleged that in 2009, Mutungwire, Nuwagira and others still at large, at Bwatota Bashonga and Company Advocates chambers in Mbarara district, irregularly entered into a memorandum of understanding with Rulcokoma Mixed Farmers’ Cooperative Society and exchanged part of Ibanda Forest Reserve without following established procedures.
The Nakasero-based Anti-Corruption Court presided over by Justice Jane Kajuga Okuo, ruled that based on witness testimonies, there is sufficient evidence requiring the accused to defend themselves.
“From the above evidence, it is clear that whereas the forest is still there, the illegalities done by the accused persons were prejudicial to the local government, hence it suffered loss. This ingredient has also been satisfied to the required standard that warrants the accused persons to make an explanation,” she said.
On July 23, Okuo stated that the accused must explain to the court whether the proper procedure was followed in disposing of the forest reserve.
9 have looked at the evidence concerning the discussion of the district council, which are the minutes of the district council meeting of February 28, 2002, and found that whereas it was true that the decision to dispose of the forest reserve was resolved, the question still remains; did the parties follow the right procedure?
Defence lawyer Evans Tusiime had asked the court to declare that the accused persons do not have a case to answer, arguing that the district did not incur any loss and that the forest was not degazetted.
However, the prosecution led by Chief State Attorney Safina Bireke and Senior State Attorney Gertrude Apio rebutted the claims, asserting that although the forest remains intact, the Government incurred legal expenses in defending a civil suit related to the forest reserve.
THE CASE
The prosecution claims Matsiko Mutungwire and Tom Nuwagira, while employed as the CAO and natural resources officer of lbanda district respectively, abused their positions.
It is alleged that the accused agreed to give away 24.7 acres of the forest reserve land in exchange for 50 123.5 acres from Rukokoma Mixed Farmers’ Cooperative Society.
The accused denied the charges and are out on bail.
Meanwhile, on February 20, this year, Justice Jane Okuo ruled that Ibanda town councillor Francis Bamya, who had been charged alongside Mutungwire and Nuwagira, cannot stand trial due to mental instability.
The ruling followed a medical report authored by Dr Leticia Kyohangirwe from Butabika Hospital.
