Court on Friday returned the diplomatic passport of embattled finance state minister Amos Lugoloobi but warned him to always seek permission before traveling out of the country for official duties.

Lugoloobi, who is also the Ntenjeru North MP, is battling two counts of dealing with suspect property, contrary to Section 21A of the Anti-Corruption Act, for allegedly diverting iron sheets meant for Karamoja sub region.

The Anti-Corruption Division of the High Court registrar, Pamella Lamunu Ocaya, returned the passport to the minister indefinitely to enable him carry out his duties but warned that she can recall the passport if he does not abide by the bail terms.

Travel abroad

“The applicant or his lawyers should officially inform the registrar of the court when the minister is scheduled to travel abroad, furnishing evidence indicating destination, date of departure and return,” Lamunu directed.

She, however, said other bail conditions remain unchanged such as court retaining the minister’s original land title of block 261 plot 730 Mengo district, Kyadondo County in Ssabagabo sub county and desisting from interfering with prosecution witnesses.

“The state will not be prejudiced in anyway if the application is granted since it does not exempt the applicant from attending his trial, hence does not offend Article 28 and 44 of the Constitution that provide for right to a fair hearing,” Lamunu noted.

The court heard that the applicant’s passport was released to him twice before, for such official duties and he duly returned them.

According to the registrar, the circumstances warrant the variation of the bail condition to release the minister’s passport since his duty requires him to attend a plethora of financial meetings out of the country on behalf of the Government of Uganda.

The court took cognizance of the fact that some of the minister’s travels require prior visa and travel arrangements, depending on the laws of the different countries.

“It is no doubt that sometimes procedures for such arrangements are elaborate and require time. Therefore, it is only fair to make it less tedious for the applicant to process these travels,” Lamunu said.

She observed that the courts will not want to curtail the operations of other entities, when Rule 21 (1) Supra empowers it to vary conditions of bail when it finds that the circumstances warrant so.

The court also took cognizance of the frequent official travel needs of the minister, proved by the various invitation letters attached to his application.

In his application, the minister sought for relaxation of bail terms in his iron sheets case, citing busy schedule.

Counsel Tonny Tumukunde represented Lugoloobi while Chief State Attorney Gloria Inzikuru from the Office of the Director of Public Prosecutions represented the state.

Allegations

Prosecution alleges that Lugoloobi between July 14, 2022 and February 28, 2023 at the Office of the Prime Minister (OPM) stores Namanve in Mukono district and at different places in Matugga, Wakiso district and Ntenjeru North Constituency in Kayunga district, dealt with government property, namely, 400 pre-painted iron sheets marked “Office of the Prime Minister”, having reason to believe that the said iron sheets were acquired as a result of loss of public property, an offence under Section 10 (1) of the Anti-Corruption Act.

On the second count of dealing with suspect property, it is alleged that Lugoloobi between February 1, 2023 and March 16, 2023, at OPM stores Namanve, in the same places, dealt with suspect property, namely, 300 pre-painted iron sheets marked “Office of the Prime Minister”, having reason to believe that the said iron sheets were acquired as a result of public loss of property.

Evidence against Lugoloobi

Lugoloobi reportedly received 600 iron sheets in two equal batches of 300. He is said to have received the first consignment from the OPM on July 15, 2022, under voucher number 8058. They were signed for by his personal assistant, John Allan Damulira, and transported using car registration number UBG430S.

Lugoloobi also received another batch of 300 sheets from Karamoja affairs ministry on February 1, 2023, under voucher number 8,527.

Exclusive photos accessed by New Vision show the iron sheets in the minister’s cow shed clearly labelled from the inside: “Office of the Prime Minister-Uganda Kiboko pre-coated sheet gauge 28.”

On February 28, 2023, Lugoloobi decided to de-roof the structure. However, the State House Anti-Corruption Unit team raided his home on the same day and impounded the iron sheets.