Court okays prosecution of ministers in iron sheets saga

Minister for Karamoja Affairs Mary Goretti Kitutu (left) and Junior minister for Karamoja Affairs Agnes Nandutu appear before the presidential affairs committee at Parliament on March 1. PHOTO/DAVID LUBOWA 

What you need to know:

  • The judge says allegations of fraud should be thoroughly investigated, and if proven, action should be taken to address the issue.

The Anti-Corruption Division of the High Court Tuesday okayed the prosecution of ministers in the Karamoja iron sheet scandal.

This was after Justice Lawrence Gidudu dismissed an application in which lawyer Male Mabirizi had sought to block the ongoing investigations, arrests and prosecution of different senior government officials in the saga.

Currently, three ministers await prosecution before the High Court after they were committed for trial over theft and diversion of iron sheets meant for Karamoja.

These include Karamoja Affairs minister Mary Goretti Kitutu, State Minister for Planning Amos Lugoloobi and Junior minister for Karamoja Affairs Agnes Nandutu, whose trial yesterday flopped after the judge was reportedly handling a plea bargain session in prison.

Justice Gidudu noted that Mr Mabirizi failed to provide evidence in court to support his claim that Ugandans would oppose holding their leaders accountable for potentially criminal actions.
He said allegations of fraud should be thoroughly investigated, and if proven, action should be taken to address the issue.

“…Investigations, arrests, detentions and prosecutions by the Uganda police, DPP and any other state agency of the vice president, speaker, prime minister, ministers, Members of Parliament and members of local councils in respect of 12,200 pieces of iron sheets processed vide internal memo of the Minister for Karamoja Affairs dated January 12, 2023  do not infringe on any fundamental and other Ugandans in respect of equal protection of the law, liberty, fair hearing, participation in government affairs and fair treatment in administrative decisions,” the judge held.

He added: “Clearly, the application was misconceived from the word go because if the principal can be held accountable criminally what about the subordinates? The only difference being the timing. The principal must first leave office before being charged.”

 The judge stated that Mr Mabirizi is not entitled to approach the court through an application seeking to compel the Director of Public Prosecutions (DPP) to dismiss charges against a certain category of suspects and instead charge another category.

The judge’s decision was in respect of an application in which Mr Male stated that some suspects who include the Vice President, Speaker, Prime Minister, Ministers, Members of Parliament and Members of Local Government Councils are not holders of the offices in the public service hence cannot be held criminally liable.

Among other orders, Mr  Mabirizi had asked court to issue a permanent injunction restraining the Uganda Police Force, Director of Public Prosecutions or any other State Agency from further conducting investigations, arrests, detentions and prosecutions against Vice President, Speaker, Prime Minister, Minister’s , Members of Parliament and Members of Local Government Council.

This injunction pertained to the iron sheets that were processed under the January 12 internal memo by the Minister-in-Charge of Karamoja Affairs.