Pension scam case: Court sets Monday for key ruling

Mr Jimmy Lwamafa (left), Mr Kiwanuka Kunsa (centre) and Mr Christopher Obey (right) at the Anti-corruption court in Kololo.

What you need to know:

The charge. The suspects face corruption charges in connection with the alleged fraudulent budgeting of more than Shs88b of civil servants’ pension money

Kampala.

The Anti-Corruption Court in Kololo will on Monday rule on whether jailed former Public Service ministry officials including former permanent secretary Jimmy Lwamafa have a case to answer.

Mr Lwamafa, together with Christopher Obey (former principal accountant) and Stephen Kunsa Kiwanuka (former director research and development) are facing several corruption charges in connection with the alleged fraudulent budgeting of more than Shs88 billion of civil servants’ pension contribution to National Social Security Fund (NSSF).

They are currently on remand at Luzira prison.
The setting of the date by trial Judge Lawrence Gidudu yesterday followed a hearing and conclusion of submissions of ‘no case to answer’ by both the prosecution and defence lawyers.

Prosecution led by Ms Barbra Kawuma and Ms Marion Aciro, in their submissions asked court to find that they have presented enough evidence to warrant putting the three suspects on defence.

“The prosecution has discharged its burden up to this stage and produced sufficient evidence to put the accused on defence...” Ms Aciro said.

However, defence lawyers led by Mr Nsubuga Mubiru, in their submissions asked court not to put their clients on defence, saying the prosecution’s evidence is shallow.

Mr Evans Ochieng argued that the role of his client (Mr Lwamafa) as the then permanent secretary did not demand that he is involved in budget preparations but relied on the information fed to him by his technocrats. He said his client would just sign and approve the documents that his technocrats had prepared and brought onto his table.

“The reports are prepared by technocrats and the work of the PS is to sign onto the documents and my client didn’t participate in the preparations,” Mr Ochieng said.
However, prosecution holds that Mr Lwamafa was directly involved in the budget planning of Shs88b pension scam and should be held accountable.

Mr Mubiru argued that the money in question is in Cairo International Bank and the state should go and pick it instead of prosecuting his ‘innocent’ clients.

“I will give my decision on Monday on whether the three accused persons (Mr Lwamafa, Mr Obey and Mr Kunsa) have a case to answer or not..” held Justice Gidudu.

The suspects were sent back to Luzira prison until Monday.