I bought Muslim land for $2m â€" Lubega
CITY businessman Francis Drake Lubega yesterday told court that he paid $2m (about 3.2b) for one of the controversial Muslim properties, allegedly sold by the Mufti, Sheikh Shaban Mubajje,
CITY businessman Francis Drake Lubega yesterday told court that he paid $2m (about 3.2b) for one of the controversial Muslim properties, allegedly sold by the Mufti, Sheikh Shaban Mubajje, writes Charles Ariko.
Lubega, a dealer in commercial properties, said he paid $2m for plot 30 on William Street in Kampala to Asuman Irunga, one of the directors of First Merchant International Trading Company. The cheque was drawn in the name of the company.
The Mufti and two of his top officials, Hassan Basajjabalaba and Edris Kasenene, are on trial on charges of selling plots 30 and 102 on William Street.
Basajjabalaba is the vice-chairman of the Uganda Muslim Supreme Council (UMSC), while Kasenene is the secretary general. The Mufti chairs the council.
The three are alleged to have first endorsed the sub-leasing of the two plots, before approving an outright sale in 2005.
Lubega’s entrance into the courtroom yesterday as the ninth witness attracted the attention of both Muslim factions, those supporting the prosecution of the Mufti and those opposed to it.
When prosecutor Andrew Odiit asked Lubega whether he knew anything about the controversial plot, Lubega said: “Yes, that is my property. I acquired it on 7th August 2005.â€
Lubega’s answer attracted murmurs from the crowd. A police officer had to call for order as those present kept on whispering and murmuring to each other.
Lubega told the court that he paid for the plot in two installments. “I first paid $1.6m. We agreed to transfer the land title to my name in August 2005. We made an agreement. It was drafted by my lawyers, Sayid Yiga, Semuyaba & Co Advocates and I signed it,†he said.
On whether he knew the lease period of the plot, Lubega said, “The plot is leased up to 2012. When the lease expires, I will renew it.â€
He amused the court when Odiit asked him whether he was willing to give the plot back to the Uganda Muslim Supreme Council.
“It is my property. I bought it. It belongs to me all my life. I bought it without any problems,†he said, causing laughter even among the accused.
When Magistrate Tibulya discharged him from the dock, Lubega raised his hand and caused more laughter when he said: “Your Worship, I am asking you to make an order for people occupying my property to leave.â€
The Magistrate just laughed before adjourning the case.
Plot 30 has a Mosque on it which is still being used by the Muslims. It also has some shops that are being rented out.
Earlier, the Vice-Rector of the Islamic University in Uganda, Dr. Muhammad Mpeza, testified that the sale of the two properties was done illegally.
Mpeza chaired the seven-member commission that was instituted in 2006 to probe the sale of the two plots.
Mpeza told the court that change of ownership of plot 30 was done in a manner that breached the UMSC constitution. He said that transactions were not taken to the executive committee for approval.
Mpeza also pointed out that the accused went ahead with the transactions despite the existence of a court order that barred any sale, sublease or lease of council properties without a unanimous decision of the executive committee.
He added that the commission was also surprised to learn that the lawyers representing HAKS Express were the same lawyers representing the interests of the council.
Mpeza said Basajjabalaba, in his capacity as the vice-chairman of the council, failed to draw a line between his interests in HAKS Express and the management of Muslim properties.
“Basajjabalaba showed double interests as a representative of HAKS Express and as the vice-chairman of UMSC. This raised a lot of difficulties and problems for UMSC and led to the mess they are in now,†Mpeza concluded.
Lubega, a dealer in commercial properties, said he paid $2m for plot 30 on William Street in Kampala to Asuman Irunga, one of the directors of First Merchant International Trading Company. The cheque was drawn in the name of the company.
The Mufti and two of his top officials, Hassan Basajjabalaba and Edris Kasenene, are on trial on charges of selling plots 30 and 102 on William Street.
Basajjabalaba is the vice-chairman of the Uganda Muslim Supreme Council (UMSC), while Kasenene is the secretary general. The Mufti chairs the council.
The three are alleged to have first endorsed the sub-leasing of the two plots, before approving an outright sale in 2005.
Lubega’s entrance into the courtroom yesterday as the ninth witness attracted the attention of both Muslim factions, those supporting the prosecution of the Mufti and those opposed to it.
When prosecutor Andrew Odiit asked Lubega whether he knew anything about the controversial plot, Lubega said: “Yes, that is my property. I acquired it on 7th August 2005.â€
Lubega’s answer attracted murmurs from the crowd. A police officer had to call for order as those present kept on whispering and murmuring to each other.
Lubega told the court that he paid for the plot in two installments. “I first paid $1.6m. We agreed to transfer the land title to my name in August 2005. We made an agreement. It was drafted by my lawyers, Sayid Yiga, Semuyaba & Co Advocates and I signed it,†he said.
On whether he knew the lease period of the plot, Lubega said, “The plot is leased up to 2012. When the lease expires, I will renew it.â€
He amused the court when Odiit asked him whether he was willing to give the plot back to the Uganda Muslim Supreme Council.
“It is my property. I bought it. It belongs to me all my life. I bought it without any problems,†he said, causing laughter even among the accused.
When Magistrate Tibulya discharged him from the dock, Lubega raised his hand and caused more laughter when he said: “Your Worship, I am asking you to make an order for people occupying my property to leave.â€
The Magistrate just laughed before adjourning the case.
Plot 30 has a Mosque on it which is still being used by the Muslims. It also has some shops that are being rented out.
Earlier, the Vice-Rector of the Islamic University in Uganda, Dr. Muhammad Mpeza, testified that the sale of the two properties was done illegally.
Mpeza chaired the seven-member commission that was instituted in 2006 to probe the sale of the two plots.
Mpeza told the court that change of ownership of plot 30 was done in a manner that breached the UMSC constitution. He said that transactions were not taken to the executive committee for approval.
Mpeza also pointed out that the accused went ahead with the transactions despite the existence of a court order that barred any sale, sublease or lease of council properties without a unanimous decision of the executive committee.
He added that the commission was also surprised to learn that the lawyers representing HAKS Express were the same lawyers representing the interests of the council.
Mpeza said Basajjabalaba, in his capacity as the vice-chairman of the council, failed to draw a line between his interests in HAKS Express and the management of Muslim properties.
“Basajjabalaba showed double interests as a representative of HAKS Express and as the vice-chairman of UMSC. This raised a lot of difficulties and problems for UMSC and led to the mess they are in now,†Mpeza concluded.