Lawyer Semakadde says there were loopholes in Crane Bank receivership

By Deo Wasswa

City Lawyer Isaac Ssemakadde says Bank of Uganda and its legal advisors are wrongly interpreting the financial institutions Act by moving a head illegally to liquidate Crane Bank.

According to him, there are two court rulings already from the High Court commercial division and the Court of Appeal which all pin Bank of Uganda for wrongly interpreting the financial institutions Act and misusing the Act while managing the banking institutions in the country.

Semakade further notes that apart from the two courts, parliament of Uganda also investigated Bank of Uganda on the closure of seven banks where Crane bank was the last one and its findings are clear and pointing at the Central bank for illegally closing these local banks.

He noted that there were loopholes on receivership of Crane Bank in the last court decision. Bank of Uganda sent a statutory manager to manage the bank and make a report but did not wait for him to submit his findings because officials in Bank of Uganda used police to seize Crane bank while Katimbo was upcountry and they took away crucial documents including land titles some of which have since gone missing.

The lawyer noted that from there, BoU chased away Mr Katimbo and the first thing they did was to sale the bank at a friendly price to dfcu bank.

According to Ssemakadde, the law can give some individuals in an institutions powers but explains those individuals can use the law to enrich themselves like using it to undermine orders among others.

He says that Dr Sudhir Ruparelia refused the issue of individuals misusing the law and decided to seek court redress. He has been registering court victories on different occasions adding that after the recent one he decided to go to the registrar of companies to seek for re-ownership of his bank which was illegally taken over by the central bank.

Ssemakadde added that the actions of BoU to rush to liquidate Crane bank out of fear and panic without waiting for the decision of the Supreme Court is an act of contempt and disrespect of courts.

Analysts oppose BOU’s plot to liquidate Crane Bank

By Deo Wasswa

Economic analysts say it is illegal for the central Bank to liquidate Crane Bank in receivership because the process of receivership ended on 18th January 2018 after selling the bank to DFCU.

According to Andrew Mwenda, what the Bank of Uganda is doing is against the law and whoever is advising them is wrong.

It came to the attention of Ugandans a few days ago that the central bank is plotting a move to liquidate crane bank even as its receivership is still being contested by its founders. This strategy was designed by the Bank of Uganda legal team on the advise of its new external Lawyers.

“Though I am not a lawyer, but in law when receivership ends the company automatically reverts its shareholders and directors. Because receivership ended, crane bank right now is not a licensed financial institution; it cannot be under the supervision and regulation of the central bank,” Mwenda said.

Two BOU officials sent to jail over corruption

By Sania Babirye

The anti corruption court has remanded to Luzira prison two Employees of Bank of Uganda who are facing corruption charges.

These have been identified as 36 year old Francis Kakeeto is a banker working as a Branch manager of Bank of Uganda -Mbale Branch and 42 year old Fred Vito Wanyama an Assistant Branch manager

These have been remanded by grade one magistrate Abert Asimwe after they pleaded not guilty to charges of Abuse of office when they allegedly allowed inclusion of unauthorized cargo on a chartered plane carrying printed material of Bank of Uganda .

According to the charges sanctioned by the Director of Public Prosecutions Mike Chibita, the pair was assigned by their employer (BOU) to carry out a pre-shipment inspection of printed material in France but in total abuse of their respective offices allowed inclusion of unauthorized cargo on a chartered plane.

In the alternative, the 2 suspects are facing a charge of corruption in which they are said to have corruptly neglected to perform their duties by failing to report unauthorized cargo on a plane fully chartered by Bank of Uganda .

The 2 men allegedly committed the offenses on 26th/April 2019 between France, Belgium and Entebbe International Airport .

The magistrate also denied them bail and remanded them until Tuesday next week to consider their second bail application since he found their first sureties not substantial.

The said sureties had no pepper identification documents to present in court including LC letters to prove area of residence.

The two were arrested following a complaint by Bank of Uganda Governor Emmanuel Mutebile who tipped the anti corruption unit of state house following his suspicion of extra cargo that entered the country abode a chartered BOU plane that was carrying printed material.

According to reports, the plane landed at Entebbe International Airport on the 27th of April 2019 and was cleared by URA officials in the presence of Bank of Uganda officials and Aviation security .

However according to a statement from Bank of Uganda , the chartered plane had to carry 20 pallets instead of 25 .

The alleged anormally was detected during the verification of the consignment hence commencement of investigations which have sofar revealed that the extra cargo belongs to powerful businesmen in the country and organisations.

A joint investigation between CID and State House Anti-corruption unit has sofar led to the arrest of a number Bank of Uganda officials .

Police confirms that CID is handling BOU saga

By Robert Segawa
Police revealed that the Directorate of Criminal Investigation has taken over the investigations into the irregularities surrounding the printing of money in the Bank of Uganda.

Last week a team of state house anti-corruption unit led by Lt Col Edith Nakalema accompanied by a joint security team raided the Bank of Uganda following allegations of the unauthorized printing of 90 Billion Shillings which was brought in the country through Entebbe international airport in May this year.

Addressing a new conference at police headquarters in Naguru, Fred Enanga the police Spokesperson noted that the police criminal Investigation division has now taken over full control of this investigations under the supervision of Assistant Inspector General Of Police Grace Akullo with assistance from the state house anti-corruption unit

Fred Enanga noted that the investigation team is aimed at knowing who authorized the printing of the extra money.

Enanga added that they have so far recorded several statements from Bank of Uganda directors who includes Director banking, Director legal, Auditors as well as officials of Uganda revenue authority Customs at Entebbe international airport and Entebbe handling service ( ENHANCE).

Enanga also revealed that police is still trying to obtain statement from lawyers of UN and other business men whose names were mentioned in this saga.
He adds that police investigation department carried on Search on homes of officials of Bank of Uganda to find out what extra money printed.

Enanga says that as per now they have six suspects in police custody as investigations still on going .

Sudhir demands for return of banks’ bad loan book

By Deo Wasswa

The vice chairman of the defunct Crane Bank, Business man Sudhir Ruparelia has demanded for the return of the banks bad loan book which he values at UGX570 billion.

The bank was closed in October 2016 and sold to DFCU three months later.

Sudhir made the appeal during a presentation by shareholders of the bank before the COSASE.

According to the former chairman of Crane Bank Joseph Biribonwa The bank of Uganda had a premeditated plan to asset strip Crane bank and sell it to a preferred buyer.

He told Members of Parliament that the Bank Of Uganda frustrated the efforts by the share holders to bring in an equity investors.

Birobonwa had earlier told MPs that the liquidity crisis at the bank had been caused by an economic downturn in 2014/2015.

He blamed the BOU for causing loss of confidence in CB in April 2016 by halting the bank from issuing letters of credit, bonds and bank guarantees. In addition he said the BOU placed a lien on treasury bills held by CB worth 169bn.

These actions he said killed the bank since they caused capital flight and serious reputation damage.

The lien on treasury bills also led to equity investor Atlas Mara losing interest in Crane Bank.

He revealed that the shareholders had raised capital amounting to 8m dollars which funds were detained by BOU and not allowed in the bank.

He also disclosed that on 19th October 2016 Crane bank had agreed to terms of a loan from the central bank amounting to 79.2bn shs but the BOU moved to take over the bank that very night at 11pm.

He noted that BOU made the decision to sell Crane Bank in November 2016. This was less than a month after the takeover and in violation of the financial institutions act.

The chairman of Ruparelia Group who was vice chairman of the Bank Dr. Sudhir Ruparelia told the MPs that the shareholder of the bank demand the return of the bad loan book that was handed to Dfcu.

He demands for the return of 23.5 dollars raised by the shareholders and held by the BOU.

Katuntu given one more month to complete BOU investigations

By Alice Lubwama
The opposition side in parliament has finally agreed that Bugweri county MP Abdu Katuntu continue chairing the parliamentary committee of commissions statutory authorities and state enterprises till 15th of February when the committee will be done with the investigations into the closure of the seven commercial banks by the central bank.

The decision was made following a closed meeting between speaker kadaga and the leader of opposition in parliament Betty Aol Ochan over the matter.

Ever since kadaga announced that Katuntu would continue chairing the committee until the central bank probe is concluded, there has been a lot of bickering between the members of opposition them selves and exchanges between Kadaga and Aol.

The main opposition party in parliament FDC had made changes in the leadership of this committee, dropping katuntu as chairperson replacing him with Kawempe south MP Mubarak Munyagwa.

In December last year, speaker of parliament Rebecca Kadaga told parliament that she had requested the Leader of opposition in parliament to allow for the extension of Katuntu leadership for him to conclude the investigations because it had reached a critical stage where the changes would jeopardize them but the request was turned down by the leader of opposition.

Shortly after the meeting the Leader of Opposition Betty Aol Ochan said that the decision was made in order not to water down the investigations that have been made by the opposition

Loans transferred to DFCU were duplicated reveals COSASE

By Alice Lubwama

The Parliamentary committee on commission’s statutory authorities and state enterprises investigating the closure of 7 commercial banks chaired by Bugweri county MP Abdul Katuntu has directed the officials of the central bank led by the Governor, Emmanuel Tumusiime Mutebile to avail accountability of a sum of478bn shillings that was injected in the defunct Crane Bank Limited for liquidity support.

The Chairperson of the committee Abdul Katuntu says that even though they have documents indicating that this money was requisitioned to recapitalize the crane bank but they are yet to get accountability.

The former Statutory Manager of Crane, Edward Katimbo Mugwanga who received the liquidation fund from bank of Uganda last week told the committee that he never handed over a report to bank of Uganda since the bank was closed before the process was concluded.

Katimbo also told the committee that before he could finish his work, he received a message from a colleague on whatsapp showing him how files were being transported on a truck from Crane Bank to DFCU.

How ever Katuntu also says that the committee has discovered that about 4458 loans which were transferred from crane bank to DFCU bank were duplicated.

BOU disclosed the financial status of global trust bank to DFCU bank with consent

By Alice Lubwama

The parliamentary committee on commissions statutory authorities and state enterprises has discovered that bank of Uganda revealed the financial status of Global trust bank with out its consent to DFCU bank before it was closed some thing centrally to the law.

Last week the committee directed the former executive director in charge of supervision Justine Bagyenda to produce all the documents concerning the sell of global trust bank after learning that the bank was sold on the same day it was closed.

The committee also discovered that bank of Uganda had in-fact closed and sold off global trust bank on the same day.

But on looking at the documents, the committee discovered that bank of Uganda entered a purchase agreement with DFCU on July 10th 2014 before Global trust bank was finally closed on 25th July 2014 which made the committee believe that they never managed the bank for a minimum of six months as required by the law.

The committee question ed Justine Bagyenda on the intention and purpose of the disclosure to which Bagyenda first said was a collective decision of the bank but the governor bank of Uganda Emmanuel Mutebile denied.

Mutebile said he was not aware of this decision to disclose the information of global trust bank to a competitor and this was confirmed by secretary board Susan Kanyemibwa.

The committee is looking at the legal closure of seven commercial banks.

BOU security officials further remanded to Luzira

By Sania Babirye

Two security officials from Bank of Uganda who are charged with neglecting their duties have further been remanded to Luzira prison.

Charles Mollo has appeared before City hall court grade one magistrate Beatrice Kainza while Beatrice Kyambade appeared before city hall court grade one magistrate Patrick Talisuna.

They had appeared in hopes of being granted bail today. Though state had no objection to their bail applications, the respective magistrates remanded both of them back to Luzira prison until Monday next week when they will rule on their applications.

The duo were charged and remanded to Luzira prison this week after they were arrested on thursday last week on the orders of the parliamentary committee on commissions, statutory Authorities and state enterprises in relation to the disappearance of some documents of the closed commercial banks.

The committee faulted them on how they failed to explain how the alleged crucial documents in related to the closed and liquidated banks disappeared from Bank of Uganda they were guarding.

The officials have denied the charges and are seeking bail.

BOU secretly looked for bidders for Global trust bank reveals Bagyenda

By Alice Bagyenda

The parliamentary committee on Commissions, Statutory Authorities and State Enterprises imposes a travel ban on the embattled former Bank of Uganda (BoU) Executive Director in charge of Supervision for commercial banks Justine Bagyenda.

This was after the committee chairperson also Bugweri county Member of parliament Abdu Katuntu asked Bagyenda to deposit her two passports ( the East African passport and the International) with Parliament until the probe is over.

Bagyenda was apearing before the committee to give evidence on the irregular closure of seven commercial banks after snubbing it two times.

Katuntu notes that her traveling has caused the committee a bit of inconvenience since she is a key witness in the liquidation of three commercial banks following their closure hence she must sit throughout the process and answer all the questions that may arise.

Meanwhile, the circumstances under which Bank of Uganda (BoU) sold assets of closed banks at 93 per cent discount to a now defunct offshore company registered in Mauritius remain unresolved after Bagyenda appeared without any documentation defending the sale.

A forensic audit report by the Auditor General indicates that the total loan portfolio of Shs135b for International Credit Bank, Greenland Bank, and Cooperative Bank which had valid, legal or equitable mortgage and was supported with legal documentation, were sold to Nile River Acquisition Company at a 93 per cent discount.

Bagyenda who first took an oath before the committee says she does not remember the justifications for the decision.

The selling of the loans to Nile River Acquisition Company has become a particular source of interest because the firm was incorporated in Mauritius on September 26, 2007 as a global business, the same year BoU officials sold the assets of the three banks.

The committee was also concerned about why global trust bank was sold on the same day it was closed but Bagyenda said that the bank had secretly looked for the bidders after
realizing that the bank financial status was not good.