As the Anti-corruption court yesterday remanded a teary Abraham Byandala, the minister without Portfolio, to Luzira prison for two weeks, supporters and family were in tears too.
Byandala was charged with two counts of abuse of office, disobedience of lawful orders and influence peddling, hours after his arrest by Inspectorate of Government agents.
His troubles stem from his handling of the Mukono-Kyetume-Katosi/Kisoga-Nyenga road contract while serving as minister of works and transport. The government lost at least Shs 24bn in the botched contract.
This happened after the contractor, a firm named Eutaw and purporting to be America-based, secured the contract and was paid Shs 24bn even before due diligence could be done to verify the credibility of the company. Byandala wrote a letter to the Uganda National Roads Authority (UNRA), asking them to award the contract before the due diligence.
Byandala becomes the first serving Museveni minister to be arrested and charged over corruption. Vincent Nyanzi, the minister in the office of the vice president, was detained in 2001 on murder charges which he later fought successfully in court. He was minister of state for Gender then.
In the early days of the NRM government, prominent ministers such as Andrew Lutakome Kayiira, Evaristo Nyanzi, Moses Ali and Omara Atubo were arrested at different times on treason-related charges.
The veil of invincibility that ministers tend to wear, at least in the eyes of the Ugandan public, suddenly gave way to tears after Byandala learnt that he was to spend at least two weeks in Luzira prison.
CHANGE IN MOOD
In the dock, Byandala at first looked confident and wore a camera-ready smile as he chatted with friends and relatives. As the charges were read out to him one by one, he replied: “that’s totally false” while raising his arms.
His sureties, Samuel Odonga Otto, the Aruu county MP; Nyombi Thembo, the minister of state for ICT and Maj Gen David Muhoozi, the army commander of the land forces, looked relaxed.
But when presiding magistrate Julius Borore made it clear that there was no time to hear a bail application hence remanding Byandala to Luzira prison till August 11, 2015, the mood in the courtroom changed dramatically. Byandala’s jaw dropped as his defence lawyers turned their guns on the magistrate.
“My concern is that you have not given any reason as to why you are not entertaining the bail application. At least give us reasons and then we shall take it from there,” said Alfred Okello Oryem, one of the defence lawyers.
Oryem was joined by Friday Roberts Kagolo, another defence lawyer, who told the magistrate that bail is a constitutional right.
“You cannot say that we should come back here in two weeks because we are not busy since the civil court is on vacation,” Kagolo said. “We can even come back tomorrow and you listen to the bail application,” he added.
But Borore stuck to his guns, angering relatives and supporters of Byandala, some of whom cried as they hurled insults at the government.
“We the people of Luweero are not happy with Byandala going to Luzira. If the government doesn’t care, we shall not vote for President Museveni,” one relative loudly complained.
The defence lawyers later told journalists that they will make an application in the High court to have Byandala bailed out before August 11.
THE CHARGES
The charges that were instituted by Irene Mulyagonja, the Inspector General of Government (IGG), relate to Byandala’s role in the Katosi road saga.
“…Honorable Byandala by letter dated November 2013 and in abuse of the authority of his office as minister of works and transport arbitrarily directed the immediate signing of contract number 7999/MKKKKN/WK/UPD between Uganda National Roads Authority (UNRA ) and Eutaw Construction Company Inc under procurement ref NO UNRA/works/20009-10/00001/18/06, for the upgrade of Mukono-Kyetume-Katosi/Kisoga-Nyenga road before due diligence was conducted facilitating the payment of Shs 24 billons to Eutaw, a company, which lacked the capacity to perform the contract, which act was prejudicial to the interest of the Government of Uganda,” the charge sheet partly read.
It’s also the IGG’s contention that Byandala on August 27, 2014 ordered the continuation of the road works, the formalization of the illegal sub-contract of the works by Eutaw to another firm named Chongqing International Construction Corporation (CICO), and ensuring that an agreement was signed between the two. The IGG says this was done without reasonable excuse and in total defiance of the order of her office.
Byandala was charged alongside Eng Ssebbugga Kimeze, the former acting executive director of Unra, Joe Ssemugooma, the former acting director of finance and administration, and Marvin Baryaruha, the former Unra legal counsel.
Also charged was Apolo Senkeeto, Eutaw’s country representative, and Isaac Mugote, a former Housing Finance bank employee accused of aiding Eutaw to forge a bid security document that helped them win the contract.