Ex-NAGRC bosses’ sh1.3b case delayed over prosecutors’ transfer

The hearing of a case in which former National Animal Genetic Resources Centre and Data Bank (NAGRC & DB) bosses including Dr Charles Lagu, are accused of fraudulently procuring animal semen worth sh1.3b, has flopped for the second time. 

The case has stalled for over four months following the transfer of the state prosecutors handling the matter by the Office of the Director of Public Prosecutions. 

A source that preferred anonymity disclosed that state attorneys Steven Ariong and David Mugamba, were transferred to Kabale and Jinja districts, respectively. 

This prompted Judge Margaret Tibulya of the Anti-Corruption Division of the High Court on Monday, January 22, to adjourn the matter to April 8, 2024, for further hearing. 

Lagu is battling charges of abuse of office, corruption, fraudulent false accounting and forgery, together with nine others. 

They include procurement officer Eziekel Mukani, farm manager Clement Nuwamanya, veterinary officer Patrick Mawadri, and deputy technical manager production Wilfred Anthony Ntaate, Tadeo Mbazira, Charles Ezati, Benda Katali, Mathias Wakulira and Yasinta Nabukenya.

In the last court session, the Public Procurement and Disposal of Public Assets Authority (PPDA) senior officer, Andrew Emejeit testified that the Solicitor General did not clear the sh1.3b contract between Government and Kibbubu Agro Suppliers Limited for the supply and delivery of animal semen, as required by the law. 

“The entity based on a contract that was not cleared by the Solicitor General,” he earlier testified. 

The witness told court that they were unable to establish whether the entity actually made an advance payment in respect to the contract because procurement was generically provided as a supply for semen without providing any reference on the request for the release of funds approved by the accounting officer. 

Emejeit said he investigated the matter following a request from the Criminal Investigations Directorate, to review the procurement for supply and delivery of semen to the NAGRC&DB by Kibbubu in a letter dated May 6, 2020. 

He told court that some of the documents he based on to investigate the matter include a form file initiating the procurement, memo requesting approval of the procurement, an evaluation report, and evidence of advance payment, among others. 

In his finding, the witness noted that the NAGRC&DB user department did not attach specifics for the delivery of semen, contrary to regulation 3 (1) of the PPDA Rules. 

The section provides that an initiation of a procurement requirement shall include clearly defined terms of reference, the estimated value of the consultancy services and confirmation of the availability of funding. 

According to the witness, the entity was placed at a risk of commitment without understanding what was being procured which can result into purchasing supplies that may not meet the requirement. 

Although the sh1.3b contract was signed by Lagu, Emejeit stated that there was no evidence to indicate that a price assessment in the market was done, which placed the entity at risk of procuring supplies at a high cost. 

The witness told the court that procurement of animal semen from Kibbubu did not meet the threshold for the use of the direct procurement method because other suppliers were in the market. 

“Kibbubu was not the manufacturer of the supplies,” Emejeit said.