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The National Social Security Fund (NSSF) has backed the appeal by the Director of Prosecutions (DPP) against the acquittal of five men who had been indicted with the fraudulent acquisition of the land at Lubowa in Wakiso district, which it claims ownership.

In a press statement issued on Sunday, April 21, NSSF’s head of marketing and corporate affairs, Barbra Teddy Arimi, says they are interested in the outcome of the appeal.

“It is also important to note that charges before court were not about ownership of land but fraud perpetrated at the Wakiso Lands Office that led to an overlay of titles onto the fund’s registered land in Lubowa, off Entebbe Road. The fund has legal titles and has all the land totaling 600 acres,” Arimi noted.

She noted that fraud was perpetrated on seven acres of one plot of land. Arimi contends that the fund’s land is comprised of 109 certificates of title.

Arimi argues that the acquitted persons through the Wakiso District Land Board fraudulently created a title that has been overlaid over the fund’s land in Lubowa.

Muhammed Lubowa Kityo, Moses Bogere, Betty Namanya, Daphine Nakanwagi, and Patrick Onyango (a surveyor) were on April 17, 2024, acquitted by Makindye Grade One Magistrate Elisha Arinaitwe on grounds that the prosecution evidence was riddled with contradictions. 

“Most of the evidence relied upon by the prosecution was manifestly unreliable and no reasonable tribunal acting on such evidence would safely convict the accused persons. For these reasons, I find no case against all the accused persons and I acquit them forthwith,” Arinaitwe ruled.

The prosecution accused the five of fraudulently procuring land title certificates for land comprising Kyadondo block 269, plots 3234, 3236, 3237, 3238, 3239, and 3240 at Lubowa in Wakiso district.

Court documents indicate that the Lubowa, Bogere, and Nakanwagi were customary landowners in Lubowa.

In April 2015, they applied to convert their customary interests to freehold.

Their application was approved by the area land committee and the Wakiso District Land Board with certificates issued in 2019.

However, the certificates were cancelled in early 2020 by the commissioner of land registration because they were fraudulently acquired.

The cancellation of the titles was revoked by a ruling of Justice Musa Ssekaana dated December 18, 2022, in which he declared that the titles had been illegally cancelled.

Following the development, the State House Anti-Corruption Unit headed by Col. Edith Nakalema commenced investigations into the matter leading to the arrest of the five and charged with the offence. 

The prosecution alleged that the five and others still at large in 2019 at the office of the registrar of titles in Wakiso district, wilfully procured themselves registration on the certificate of title comprising in Kyadondo block 269, plots 3234, 3236, 3237, 3238, 3239, and 3240 at Lubowa falsely pretending that they owned the land.

NSSF argues that it is holding the freehold titles with succession in title emanating from crown land grant no. 9854 of approximately 834.6 acres where the original grantee was Captain Hill in 1911 and crown land grant no. 8843 in respect of land described as Lweza, Lubowa, and Naziba of approximately 708.8 acres where the original owner was Ormsby.

Documents filed in court indicate that NSSF purchased the 565 acres of land at Lubowa in 2003 to develop a housing estate comprising 2741 housing units and related amenities.

The same land is being claimed by the descendants of the family of the late Prince Suuna Kiweewa.

Abdulatiff Nakalaali argues that the land was fraudulently migrated from a private mailo land tenure system to freehold in 1906 and 1911 when the grants numbers 8843 and 9854 were issued to Ormsby and Captain Hill respectively without following the due legal process prescribed in section 2 of the 1906 land ordinance.

This is not the first time NSSF has found itself in a legal dispute over land. Around 2008, NSSF found itself in conflict over 366 acres of land it acquired in Temangalo, Wakiso district.