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The Anti-Corruption Court in Kampala will today, February 21, 2024, decide whether to summon the former executive director of the Uganda National Bureau of Standards (UNBS) David Livingstone Ebiru, to answer charges in connection to a shillings 100m bribe.

Last month, city Lawyer Hassan Male Mabirizi asked the court to issue criminal summons against Ebiru to appear in court to answer charges of money laundering in connection to shillings 100 million bribery allegations.

Principal Grade One Magistrate Abert Asiimwe is expected to summon Ebiru after finding that he has a prima facie case. Prima facie refers to a case in which pre-trial evidence was reviewed by a judicial officer and determined to be sufficient to warrant the trial.

Mabirizi argued that the summons have to be issued against Ebiru because there is a prima facie case in his affidavit supporting Ebiru’s private prosecution.

He contends that Ebiru informed the Parliament committee on Commissions, state authorities, and state enterprises (COSASE) how he bribed the UNBS board chairperson with sh100m to retain him in the position of chief executive officer, arguing that it constitutes an offence of money laundering.

“Being his voluntary statements on Parliament Hansard, Ebiru is criminally liable,” Mabirizi contends

Mabirizi purports that on July 19, 2023, at Naguru, Panamera Bar, Nakawa Division in Kampala, Ebiru intentionally acquired, possessed, and used 100 million knowing at the time of receipt, acquisition, possession, and use that the money was proceeds of crime (corruption).

On July 19, 2023, Ebiru while appearing before the Parliament committee claimed he had bribed UNBS board chairperson Charles Masekuura with 100 million shillings to extend his contract.

However, he later retracted his statement, saying he made the remarks out of anger.

IGG withdraws charges

The development comes barely three months after Inspector General of Government (IGG) Beti Kamya withdrew charges of corruption against Ebiru.

On July 26, 2023, Ebiru was arraigned before the Anti-Corruption Court, but he was not formally charged after IGG prosecutor Rogers Kinobe (now court registrar) informed the court that they needed more time to finalise investigations.

This prompted the court to issue criminal summons against Ebiru to appear on August 8, 2023, but the latter did not appear in court.

Subsequently, the court directed the Police to arrest Ebiru and produce him in court to answer charges of corruption after he refused to appear in court despite summons.

Ebiru later applied to the Anti-Corruption Division of the High Court, seeking to block his trial but Justice Jane Okuo Kajuga dismissed his application and okayed his arrest.

In her ruling, Kajuga noted that the case against Ebiru had not yet been committed to the High Court for trial, and hence can be handled by the lower court.

“The case can only find its way to the High Court through referral by the Chief Magistrate as provided for under section 7(1) of the Human Rights Enforcement Act which has not been done,” she earlier observed.

Kajuga explained that under section 7 (3) of the Human Rights Enforcement Act, the magistrate is vested with powers to stay proceedings but would then be required to refer to the High Court matters relating to alleged violation of fundamental rights for determination.

“I find that the way the matter has been directly brought to the High Court is forcing it to resolve quite several issues which the magistrate's court has jurisdiction to handle,” she earlier ruled.