OPM food suspects face more charges

CRIME       COVID-19

Four officials from the Office of the Prime Minister (OPM) including the permanent secretary, Christine Guwatudde, are facing new charges related to inflating prices of COVID-19 relief food.

The 24 counts include abuse of office, fraudulent false accounting, corruption and colluding to commit a fraudulent practice.

They contravene sections 2 (i), 11 (1), 23 (b) of the Anti-Corruption Act, 2009 and 95 (1a) (a) of the Public Procurement and Disposal of Public Assets Act, 2003, as amended.

Guwatudde is being charged alongside Joel Wanjala, the undersecretary and accounting officer Martin Owor, the commissioner for disaster preparedness and Fred Lutimba, the assistant commissioner in charge of procurement.

The State House Anti-Corruption Unit, headed by Lt Col Edith Nakalema, arrested the group in April over allegations of inflating COVID-19 relief food prices.

Buganda Road Court Grade One Magistrate Olga Karungi read the charges to the accused on Wednesday, before handing the case file to the Anti-Corruption Division of the High Court (ACD) in Kololo for trial.

Forwarding the file to the AntiCorruption Court was prompted by the state attorney, Janat Kitimbo, who informed the court that the Director of Public Prosecutions (DPP) had amended the charge sheet against the suspects and requested for the file to be forwarded to the ACD.

The court read the charges to the accused, but they did not take plea.

"I am reading you the charges as amended for you to know which offences have been slapped against you, but don't plea," Karungi said.

However, the defence lawyers led by MacDosman Kabega and Medard Sseggona invited the court to task the prosecution with disclosing to them the evidence they intend to use since the case is scheduled for trial.

"The ACD has already sanctioned the file. We, therefore, pray that the prosecution discloses the evidence to enable the accused prepare their defence expeditiously," Kabega said.

In response, prosecution said disclosure will be done at the ACD, where the case will be heard.

Delivering her ruling on the State's and prosecution arguments, the magistrate stated that it is better for a specialised court to handle this particular case and ordered the DPP to disclose to the defence all the evidence they intend to present.

The accused's bail application was extended and the case adjourned to July 23, 2020 for trial at the AntiCorruption Court.

Charges Prosecution purports that on April 1, 2020 at the OPM in Kampala, Guwatudde and Lutimba being employed in the OPM, carried out an arbitrary act, prejudicial to the interest of their employer.

It is alleged that the duo prepared and issued an award letter to Aponye (U) Ltd for the supply of two million kilogrammes of maize meal at sh3,000 per kg (sh6b in total), as food relief items meant for the vulnerable poor as a result of the lockdown, in total disregard of procurement procedures.

That the same people, with intent to defraud, made or were privy to making a false entry in an award letter to Aponye (U) Ltd to supply the said maize meal as relief food items for COvID-19, purporting the same to have been allocated by the OPM contracts committee, whereas not.

The accused also allegedly carried out an arbitrary act when they awarded Mandela Millers Ltd a tender to supply three million kilogrammes of maize meal at sh3,000 per kg (worth sh9b), as COvID-19 relief items, in total disregard of procurement procedures.

It is alleged that Lutimba neglected to perform his duty under the law, to wit advising the accounting officer regarding the procurement of COvID-19 food relief items for resulting in the gross violation of the procurement procedures.

The four are also accused of colluding to commit a fraudulent practice during the procurement of COvID-19 food relief items, in total disregard of procurement procedures.