City Lawyer Hassan Male Mabirizi has requested court to issue criminal summons against the former Uganda National Bureau of Standards (UNBS) executive director David Livingstone Ebiru.

Mabirizi wants Ebiru to appear in court to answer charges of money laundering in connection to shillings 100 million bribery allegations.

On July 19, 2023, Ebiru while appearing before the Parliament committee on commissions, state authorities and state enterprises (COSASE) claimed he had bribed UNBS board chairperson Charles Masekuura with sh100m to extend his contract.

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

The Anti-Corruption Court presided over by Principal Grade One Magistrate; Abert Asiimwe will on February 21, 2024, decided on whether to summon Ebiru or not.

“I will take time to study the submissions and deliver a ruling on February 21,” Asiimwe said on January 25, 2024.

The magistrate rejected lawyer Sebabi Kakooza from participating in the court proceedings, saying no summons had been issued against Ebiru for him to represent him.

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

He contends that Ebiru informed the Parliament committee how he bribed his chairperson with shillings 100 million to retain him in the position of chief executive officer, arguing that it constitutes an offence of money laundering.

Mabirizi purports that on July 19, 2023, at Naguru, Panamera Bar, Nakawa division in Kampala, Ebiru intentionally acquired, possessed, and used sh100m knowing at the time of receipt, acquisition, possession and use that the money was proceeds of crime (corruption).

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

City Lawyer Hassan Male Mabirizi/File photo

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 a 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 filed an application before 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 a number of issues which the magistrates court has jurisdiction to handle,” she earlier ruled.