In Summary
  • This  follows an application filed by MP Paul Akamba, a co-accused in the case, raising human rights violations.
  • The court has referred the matter to the Constitutional Court for interpretation, with the trial set to resume on November 25, 2024.
  • MP Akamba claims he was subjected to unlawful detention and mistreatment during his arrest.
court
Image: Courtesy photo

The corruption trial of former Permanent Secretary in the Ministry of Trade, Geraldine Ssali Busuulwa, has been temporarily halted by the Anti-Corruption Court.

This follows an application filed by MP Paul Akamba, a co-accused in the case, raising human rights violations.

The court has referred the matter to the Constitutional Court for interpretation, with the trial set to resume on November 25, 2024.MP Akamba claims he was subjected to unlawful detention and mistreatment during his arrest.

According to Akamba’s application, he was assaulted by security officers during his arrest and held beyond the mandatory 42-hour period.

He further alleges that after being granted bail, he was rearrested by plainclothes gunmen on June 14, 2024, and detained for seven days at Kireka.

These actions, he argues, violated his right to liberty and a fair trial. Akamba is seeking the dismissal of the charges and acquittal from the ongoing trial.

Justice Jane Kajuga, who is presiding over the case, acknowledged that the issues raised by Akamba involve constitutional questions beyond her court’s jurisdiction.

As a result, she has referred the matter to the Constitutional Court for interpretation, pausing the trial until the application is resolved.Geraldine Ssali is accused of embezzling 3.4 billion shillings intended for Buyaka Growers Cooperative Society Limited.

The prosecution alleges that during the 2021/2022 and 2022/2023 financial years, Ssali, while serving as the Permanent Secretary in the Ministry of Trade, Industry, and Cooperatives, unlawfully included Buyaka Growers among the co-operatives set to receive government compensation for war losses.

This compensation was reportedly allocated despite Buyaka Growers not being listed for a supplementary budget in August 2021.

It is alleged that Ssali facilitated irregular payments amounting to 3.8 billion shillings to Kirya and Company Advocates, a law firm owned by her co-accused, lawyer Julius Kirya Taitankonko, under the pretense of compensating war victims linked to Buyaka Growers. These payments, prosecutors argue, violated Treasury instructions from 2017 and led to significant financial losses for the government.

The case also implicates MPs Ignatius Mudimi Wamakuyu, Michael Mawanda,  Leonard Kavundira, a principal cooperative officer in the Ministry of Trade and lawyerJuliusKiryaTaitankonko.

The accused are alleged to have conspired with Ssali to siphon funds from the government. Evidence provided by the Director of Public Prosecutions (DPP) links Mawanda to the fraudulent payments, with claims that he is the sole signatory of a DFCU Bank account used for the transfers.

Akamba and Wamakuyu, both members of the Parliamentary Budget Committee, are accused of facilitating the approval of the supplementary budget, which included payments to Buyaka Growers despite the lack of justification.

With the case now in the hands of the Constitutional Court, it remains to be seen how Akamba's human rights violation claims will impact the ongoing trial.

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