On Friday, the Nakasero-based Anti-Corruption Court heard that officials of Ibanda district local government illegally signed a memorandum of understanding to exchange a forest reserve with private land.

Betty Karungi, a principal state attorney at the justice ministry told court that the MOU signed between Ibanda district local government and Rukokoma Mixed Farmers was illegal.

Karungi was testifying in a case involving the former chief administrative officer of Ibanda, Matsiko Mutungwire, and the natural resource officer, Tom Nuwagira, who are facing charges of abuse of office.

“The transaction of signing of an MOU between Ibanda district local government and Rukokoma Farmers to exchange a private land with a reserve was an illegality,” said Karungi in a court session presided over by Justice Jane Okuo Kajuga.

Karungi testified that following the alleged illegal transaction in which Mutungwire and Nuwagira committed the government to exchange land, the Attorney General appealed against the decision.

She said the duo accused did not take the necessary steps to consult the Office of the Attorney General before committing the government to exchange the land.

“The transaction in issue fell in the category that required mandatory legal advice from the Attorney General,” said Karungi.

Led by Safina Bireke Gertrude Apio from the office of the Director of Public Prosecutions (ODPP), Karungi said the transaction attracted negative responses from the general public in Ibanda district.

The prosecution’s case

The prosecution is arguing that Mutungwire and Nuwagira abused their positions. 

The prosecutors allege that the accused agreed to give away 10 hectares of the forest reserve land in exchange of 50 hectares of land from Rukokoma Mixed Farmers.

The accused persons denied the charges and they are out on bail.

On February 20 this year, Justice Kajuga ruled that Ibanda town council councilor Francis Bamya, who had been charged alongside Mutungwire and Nuwagira, cannot stand trial due to mental instability. 

The ruling followed a medical report authored by Dr. Leticia Kyohangirwe from Butabika Hospital. The court subsequently discharged him from the trial.