At a time when the government can’t raise 18 billion to cater for medical interns or even struggling to raise salaries for public servants, the Director of Public Prosecutions Justice Jane Frances Abodo has deliberately refused to recover 50 billion shillings from thieves despite a court order and below are the details of the matter.
On 11th Novermber 2016, the Anti-Corruption Court High Court Division Chaired by Justice Lawrence Gidudu convicted Jimmy Lwamafa, Christopher Obey and Kiwanuka Kunsa Steven of ten counts of corruption after they embesseled pension funds in the criminal session case 9 of 2015, (Uganda Vs Jimmy Lwamafa and 2 others)
Jummy Lwamafa was the Permanent Secretary and Accounting officer, Kiwanuka Kunsa Stephen, was the Director of Research and Development while Obey Christopher was the Principal Accountant at the Ministry of Public Service.
In his judgement, Lawrence Gidudu ordered them to pay 50 billion Uganda shillings and directed the government to sell their properties in order to recover the said money. “I hereby make an order that the convicts shall jointly compensate the Government of Uganda to the tune of 50 billion shillings, a sum I consider reasonable in the circumstances of this case” reads the judgement which can be accessed online. The AntiCorruption Court went ahead and issued a compensation decree ordering the convicts to refund the said 50 billion.
During the investigations of the said case, the Police and subsequently DPP confiscated the land titles for the accused and todate they remain in the custody of the DPP. Jimmy Lwamafa had 5 land titles which were confiscated, Kunsa kiwanuka had 3 land titles while Chistopher Obey who was probably the biggest thief had 66 land titles. These included 6 titles in Kampala, 16 titles in Buruuli/greater Nakasongola, 12 titles in Lyantonde, 3 titles in Kyagwe (greater Mukono) and 30 titles in Bulemezi (greater Luwero) – he owned almost the whole country. Take note that the said titles are in square miles.
On 17th Jan 2017, the DPP office started a process of selling these properties to recover 50 billion government money. Here the Deputy DPP Amos Ngolobe made an “Application for Compensation for Execution of a Compensation decree” which was part of the process to recover the said 50 billion.
This process was however delayed when the convicts appealed their conviction in the Court of Appeal, however fortunately, the Court Of Appeal on the 18th Feb 2020 chaired by Hon Justice Alfonsi Owiny Dollo, Hon Justice Elizabeth Musoke, Hon Justice Percy Night Tuhaise maintained the Gidudu’s judgement that the trio should pay 50 billion, “the order for compensation for shs 50 billion against the 1st, 2nd and 3rd respondent is upheld” reads the Court of Appeal ruling.
After losing the Appeal, on 12th March 2020, the DPP again issued a demand note to the three convicts and informed them that failure to pay the said money would lead to sale of their properties.
the thieves again appealed before the Supreme Court but later withdrew the case on 18th May 2023. Prior to the withdrawal of the appeal, the DPP Jane Abodo had a meeting with the family of Christopher Obey (now deceased) in which they agreed to refund the 50 billion and hand over some of the titles which had been confiscated. This was to enable Obey’s family to sell these titles secretly in order to pay back the 50 billion which to date has not been paid at all. This deal was cut by the late Obey’s lawyer, a one Osinde who upto now occupies a whole floor on Obey’s building without paying rent. The said Osinde is an old student of DPP Jane Frances Abodo and it is allaged that she was given part of the said chunks of land in Nakasongola where she is establishing a farm.
The law mandates the DPP, as a representative of the government in any criminal matter, to recover the 50 billion. The DPP has an Asset Recovery Department which has a mandate to ensure that stolen tax payers money is refunded. The DPP has in its custody the land titles of those people who stole public resources so why hasn’t the DPP initiated the process to sell these properties? Why should Abodo conspire with the family of the thieves to delay selling of their properties yet they haven’t refunded the money they stole?
If Abodo decided to sell these properties, the 50 billion is enough to cater for allowances for the medical interns, it is enough to buy cancer machines in our hospitals, it can construct 500 classrooms with each district getting 3 classrooms, so why is she silent about this issue?
Secondly, if the Court ruled that the properties of the thieves be sold to refund the money as early as 2016, and to date in 2024 the government has failed to sell the properties, isn’t it encouraging corruption on its own? Isn’t the act of the DPP fueling corruption?
Lastly, we all used to know Abodo as a God fearing person and as an officer of integrity, but if she can sit on a file worth 50 billion and deliberately fails to sell the properties of these thieves, then who else can Ugandans trust?
If she can sit on a file worth 50 billion and deliberately fails to sell the properties of these thieves, then who else can Ugandans trust?
Balikudembe Steven
Investigative journalist
