Ibanda forest reserve land exchange verdict date set

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The Nakasero-based Anti-Corruption Court has scheduled March 31, 2025, to deliver its judgment in a case involving two former Ibanda district local government officials accused of unlawfully allocating over 10 hectares of the Ibanda Forest Reserve.

The forest was allegedly given to Rukokoma Mixed Farmers’ Cooperative Society without proper de-gazettement procedures.

On March 10, 2025, Justice Jane Okuo Kajuga revealed that the verdict in the Ibanda Forest Reserve case would be delivered on March 31, 2025. The decision came shortly after three court assessors recommended the conviction of former Chief Administrative Officer Abert Matsiko Mutungwire and Natural Resource Officer Tom Nuwagira.

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

Tom Nuwagira the Natural resource officer (L) and Matsiko Mutungwire, Former CAO Ibanda district (in black jacket), appearing before the Anti-corruption court at Nakasero on Monday, March 10, 2025. (Photo by Mpalanyi Ssentongo)

The offence of abuse of office attracts seven years in jail or a fine not exceeding sh3.3m, or both.

Justice Kajuga stated that she would review the assessors' opinions before delivering her verdict on March 31, 2025.

Prosecution's case

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

Defence lawyer Evans Tusiime asked court to acquit the accused persons, arguing that the district did not incur any loss and that the forest was not degazetted.

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), rebutted the claims, asserting that although the forest remains intact, the Government incurred legal expenses in defending a civil suit related to the forest reserve.

The prosecution claims that Mutungwire and Nuwagira, while employed as the chief administrative officer of Ibanda and natural resource officer, respectively, abused their positions.

It is further alleged that in June 2009, Mutungwire and others still arbitrarily entered into the memorandum without obtaining permission to allocate part of the forest land. The accused persons denied the charges and they are out on bail.