Court declines to stay criminal proceedings against embattled UNBS boss

The Kololo-based Anti-Corruption Court has declined to temporarily stop charges against the embattled Uganda National Bureau of Standards (UNBS) executive director, Mr David Livingstone Ebiru.

Chief Magistrate Joan Aciro had issued criminal summons against Mr Ebiru who is facing one charge of corruptly offering a gratification of Shs100 million in exchange for a job, to appear in court on August 31 to take a plea, but did not turn up, asking the court to stay proceedings.

“I have heard from the parties and I must concur with the prosecution that counsel (Ebiru’s lawyer) has not provided documents leaving his application to word of mouth. There is no merit or reason substantive to stay the proceedings let alone vacate the warrant, the warrant earlier issued is extended. This court expects an order from the High Court to stay proceedings,” Ms Aciro ruled before adjourning the case to September 28.

Through his lawyer, Mr Ebiru had asked the court to stay the proceedings against him, reasoning that they had filed three applications in the High Court on August 11 under the Human Resource Enforcement Act 2019 challenging the entire process and manner in which the criminal proceedings were instituted against him.

“Unfortunately, the same have not been fixed for hearing for the reason that they were allocated before Justice Margaret Tibulya who is apparently on leave and we have since sought the indulgence of the court to have the applications reallocated to another judge and no feedback has been received,” Mr Silas Mugabi Kahima, Ebiru’s lawyer submitted.

“We have also since filed an application for revision of the decision of this court made on August 8, 2023, particularly the instruments of the arrest warrant against the accused person. We shall be awaiting to get the record from the lower court which we intend to serve the state today with the application for revision. In the premises, we pray that the proceedings be stayed as we await the decision of the High Court,” he added. 

However, in response prosecution led by Rogers Kinobe objected to the defence lawyer’s submission reasoning that he expected him to indicate to the court whether or not their client was aware of the court processes against him since in their first appearance they indicated he was absent because of the ignorance of the existing case, and that an application of whatever nature does not automatically act as a stay of proceedings since the warrant of arrest was issued by a valid court.

“Most importantly the accused has not taken any positive step such as taking a plea to gain the capacity to challenge what is taking place in court. We thus reiterate that the warrant of arrest issued be renewed to compel his attendance so that he gets the capacity to challenge the proceedings, otherwise, his character has exhibited the highest disrespect of this court,” he submitted.

In his application before the High Court, Mr Ebiru is seeking a declaration that the failure of the Inspectorate of Government to conduct proper investigations prior to charging him at the chief magistrate’s court infringes his fundamental rights guaranteed under the constitution.

He also seeks a declaration that the criminal summons and warrant of arrest issued against him are premature and therefore illegal, a violation of his right to legal representation thus an order of compensation be issued against the respondent for violating his fundamental rights.

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