DPP opposes bail for lawyer in sh215m Kanyeihamba account case

"My Lord, our prayer is that this application be dismissed and the accused denied bail because he is likely to abscond," Asiku said.

Lawyer Andrew Obam is facing a charge of money laundering. (File photo)
By Edward Anyoli
Journalists @New Vision
#Andrew Obam #Court #George Kanyeihamba #Money laundering

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The Office of the Director of Public Prosecutions (ODPP) has asked court not to grant bail to a city lawyer accused of laundering sh215 million stolen from the account of the late Justice George Kanyeihamba.

Andrew Obam, 38, an advocate of the High Court practising with Loi Advocates, is facing a charge of money laundering contrary to Sections 3(c), 119, and 139(1)(a) of the Anti-Money Laundering Act, Cap 118, Laws of Uganda, 2023. He was remanded last week to Luzira Prison.

While appearing before the Anti-Corruption Court in Nakasero, presided over by Justice Michael Elubu, chief state attorneys Nelly Asiku and Pamela Orogot from the ODPP argued that the accused, Andrew Obam, is a flight risk who is likely to abscond from trial if released on bail.


"My Lord, our prayer is that this application be dismissed and the accused denied bail because he is likely to abscond," Asiku said.

Asiku told the court that Obam does not have a fixed place of abode, making it difficult to trace him if he absconds.

She explained that Obam presented two different addresses, one in Ntinda Kigowa, Nakawa division, and another in Buye Kigowa, Bukoto parish, also within Nakawa division, which she argued raises concerns about his reliability and makes tracking him more difficult in the event he disappears.

She asked the court to take into consideration the amount of money involved, noting that the complainant has suffered a significant financial loss.

Asiku and Orogot further argued that the sureties presented to court may not have the financial capacity to meet the bond terms, adding that the court should not rely on such sureties to grant bail.

Asiku also described Obam as an unreliable person, stating that although he had promised to reimburse the money, he later defaulted, a sign that he cannot be trusted.

Obam’s lawyer weighs in

Evans Ochieng, a lawyer representing Obam, told court that his client would not abscond if released on bail. He said the four sureties presented were credible and would ensure that Obam appears in court whenever required.

"My Lord, the applicant is an advocate of the High Court and also practises before this court. More importantly, as a lawyer, he understands that the consequences of absconding are far more serious," Ochieng said.

He added that he had explained to all four sureties the implications of the accused absconding, and they assured him they would ensure his continued attendance in court.

Responding to concerns about the large amount of money allegedly stolen, Ochieng said there was precedent in a case involving sh60 billion and officials from the Ministry of Finance, where court still granted bail.

Charges

Prosecution alleges that between October 2022 and September 2024, at Bank of Africa, Kololo Branch in Kampala, Obam intentionally received a total of $56,800 (about sh215 million) through account number 0393200206 in the name of Loi Advocates, where he is a partner.

It is further alleged that the funds were fraudulently credited to the law firm’s account from the bank account of the late Justice Kanyeihamba, using cheques that had been stolen from him. At the time of receiving the funds, Obam is said to have known that the money was proceeds of crime.

What the law says about money laundering

Under section 3 of the Anti-Money Laundering Act, any person convicted or found guilty of the offence of money laundering is liable to 15 years’ imprisonment or a fine not exceeding sh2 billion.