Ibanda Forest Reserve land exchange verdict deferred

______________________

The verdict in a case involving two former Ibanda district local government officials, accused of unlawfully allocating over 10 hectares of the Ibanda Forest Reserve to a private entity, has been deferred.

On March 31, 2025, the deputy registrar of the Anti-Corruption Court in Nakasero, Patrick Talisuna, adjourned the case on behalf of Justice Jane Okuo Kajuga, who was engaged in another matter.

Former chief administrative officer, Abert Matsiko Mutungwire, and natural resource officer Tom Nuwagira are accused of unlawfully allocating part of the Ibanda Forest Reserve to Rukokoma Mixed Farmers’ Cooperative Society without following proper de-gazettement procedures.

Talisuna informed Mutungwire and Nuwagira that the judgment will be delivered on April 9.

The two former Ibanda district officials are charged with abuse of office under Section 11(1) of the Anti-Corruption Act, 2009, in relation to the alleged unauthorised exchange of part of the Ibanda Forest Reserve with Rukokoma Mixed Farmers’ Cooperative Society.

The offence of abuse of office carries a maximum penalty of seven years in prison, a fine not exceeding sh3.3m, or both.

Prosecution's case

It is alleged that in 2009, Mutungwire, Nuwagira, and others still at large, while at Bwatota Bashonga and Company Advocates Chambers in Mbarara district, irregularly entered into a memorandum of understanding with Rukokoma Mixed Farmers’ Cooperative Society and exchanged part of the Ibanda Forest Reserve without following established procedures.

Ten witnesses testified in the case.

Defence lawyer Evans Tusiime asked the court to acquit the accused, arguing that the district did not incur any loss and that the forest had not been de-gazetted.

The prosecution, led by chief state attorney Safina Bireke and senior state attorney Gertrude Apio from the Office of the Director of Public Prosecutions (ODPP), rejected this argument. They contended that although the forest remains intact, the Government incurred legal expenses in defending a civil suit related to the forest reserve.

The prosecution further alleges that Mutungwire and Nuwagira, while serving as chief administrative officer and natural resource officer of Ibanda district, respectively, abused their positions.

It is also alleged that in June 2009, Mutungwire and others arbitrarily entered into the memorandum without obtaining permission to allocate part of the forest land.

The accused have denied the charges and are out on bail.