New Judge Drops Out Of Kiggundu Case

By Anne Mugisa and Juliet Nankinga THE new Buganda Road Court Chief Magistrate, Frank Nigel Othembi, yesterday disqualified himself from hearing former Greenland Bank chief Dr. Sulaiman Kiggundu’s case. He said he did not have the power to hear the case and referred the file to the High Court for direction. The law bars the chief magistrate from hearing a case after it has been heard by two other magistrates in succession. Section 142 of the Magistrates Court Act restricts the hearing to two magistrates. The decision came after senior principal state attorney Simon Mugenyi Byabakama raised the matter. Kiggundu is on trial for allegedly causing financial loss of sh75m to the defunct Greenland Bank and lending out sh36b above the mandatory 25% of its sh6b capital. Maj. Gen. Salim Saleh, Lt. Muhoozi Kainerugaba and businessman Charles Mbiire reported to court in response to the summons requested for by Kiggundu. The fourth witness, Mrs. Jovia Akandwanaho (Saleh), did not report. She was reported out of the country. Kiggundu told the court two weeks ago that Saleh, Muhoozi, Jovia, Mbiire, President Yoweri Museveni and other top government officials were involved in the bank’s collapse. He said the former Bank of Uganda governor, the late Nyonyintono Kikonyogo, sanctioned the dealings. The court was jammed by 8:00am. Lawyers, witnesses and journalists struggled to enter the courtroom. Saleh and Muhoozi, smartly dressed in suits, sat next to Kiggundu and his wife Mayi. Mbiire sat on the next bench while Muhoozi’s brother-in-law, Edwin Karugire, sat near Muhoozi. Security at the court premises was tight. Lead defence counsel Remmy Kasule said having been deprived of jurisdiction, the court could not order for a retrial or recall the previous trial magistrates. Chief Magistrate Andrew Bashaija, who first heard the case, is now a registrar of the High Court while the second, Catherine Bamugemereire, went abroad for further studies. Othembi said, “I find that this court does not have jurisdiction to proceed with the hearing of this case. I allow the objection raised by the learned state attorney and I order that the case file be referred to the High Court for directions and appropriate order.” He said in situations where magistrates are transferred periodically and hearing cases takes a long time, the current law could hinder speedy administration of justice. The case comes up again on August 27 pending a High Court decision. Ends