In a case that has captured national attention, Ronald Jimmy Ajuk, a customer of Absa Bank and proprietor of Smart Parking Technology, has been convicted of fraudulently withdrawing $219,931 (approximately UGX 848 million) from an erroneously credited bank account.
Speaking before the Nakasero-based Anti-Corruption Court, Ajuk pleaded for leniency, stating:
“My father and uncle, once convicts, told me to stay away from trouble. I don’t know how I got involved in this. My lord, I am sorry.”
Justice Lawrence Gidudu presided over the case and delivered a scathing judgment, underscoring the responsibility of individuals to report unexplained funds in their accounts.
“It is criminal to spend money found in your account knowing you are not entitled to it. The legitimate expectation is to report unexplained money to the bank to ascertain its source and purpose, instead of treating it like the Biblical manna from heaven,” Gidudu remarked.
The Case
Court records revealed that the saga began when Ajuk borrowed UGX 6 million from Anne Kamwine, who transferred the funds to his account via mobile banking. Due to a bank error, UGX 22 billion ($6 million) was mistakenly credited to his account.
The bank managed to reverse the transaction, but not before Ajuk had withdrawn UGX 848 million ($219,931).
Justice Gidudu found that Ajuk had acted with intent to defraud.
“The evidence shows that the accused formed an intention to steal and cause loss immediately after becoming aware of the excess funds in his account. His deliberate failure to report the error betrayed his innocence,” the judge said.
Despite repeated opportunities, Ajuk refused to refund the money, a fact that further demonstrated his culpability, according to the court.
“The fact that he has stuck to his guns not to refund the money, even when he is now sure it was not his, shows he was determined to cause a loss,” Justice Gidudu added.
Sentencing
The prosecution, led by Chief State Attorney Gloria Inzikuru, requested a custodial sentence of five years and an order for Ajuk to repay the money.
Inzikuru emphasized the severity of the offense, which caused significant financial loss to the bank.
Ajuk’s defense attorney, Emmanuel Emoru, pleaded for leniency, citing his client’s role as the sole breadwinner for his family.
Emoru argued for a non-custodial sentence, suggesting that Ajuk was willing to refund the money.
The offense of causing financial loss under Uganda’s Anti-Corruption Act carries a maximum penalty of 14 years in prison or a fine of UGX 6.7 million, or both.
Ajuk’s sentencing is set for today, with the court weighing both the gravity of the crime and the mitigating circumstances presented by the defense.
Key Points from the Prosecution
The prosecution demonstrated that:
- Ajuk had knowingly withdrawn funds that did not belong to him.
- He utilized UGX 848 million ($219,931) out of the mistakenly credited UGX 22 billion before the bank reversed the error.
- His actions caused a direct financial loss to Absa Bank.
Ajuk’s refusal to seek clarification from the bank or return the funds further solidified the prosecution’s case.
Implications
The case highlights the legal and ethical responsibilities of account holders when dealing with unexplained funds.
Justice Gidudu’s ruling serves as a stark reminder that spending such funds without verification constitutes a criminal offense, regardless of intent.
As the nation awaits the court’s decision on sentencing, the outcome of this case is expected to have significant implications for banking protocols and public awareness about financial accountability.
