The former Executive Director of the National Forestry Authority, Mr Damian Akankwasa, has lost the bid to halt trial against him over allegations of causing financial loss and illicit enrichment before the Anti-Corruption Court.

The Constitutional Court last week dismissed Mr Akankwasa’s petition that sought to challenge the Inspector General of Government (IGG)’s jurisdiction to investigate him as well as the conduct of security personnel attached to the IGG.

Mr Akankwasa had also challenged the state on charging and prosecuting him under the Anti-Corruption Act for offences allegedly committed between August 2007 and February 2008 before the Act was enacted. But the panel of five justices led by Deputy Chief Justice Alice Mpagi-Bahigeine held that Mr Akankwasa was properly charged and that the Anti-Corruption Court is not inconsistent with the Constitution.

Other judges on the panel were Lady Justices Constance Byamugisha and Stella Arach-Amoko and Justices Steven Kavuma and Augustine Nshimye. “The ruling in that reference applies to the instant case with the result that we dismiss it with costs. The record of the lower court is returned with the direction that the trial magistrate should proceed with the trial of the applicant forthwith,” said the judges in the ruling read by the Court Assistant Registrar.

The court ruled that the sections of law only gives the IGG powers to prosecute anyone whom they have reasonable grounds to believe that the property they hold was acquired through graft or corrupt means. “We don’t think that the law can be invoked to protect property which has been unlawfully acquired,” the judges ruled.

Allegations of wealth
According to the rulings, Mr Akankwasa will be charged afresh before the Anti-Corruption Court. It is alleged that Mr Akankwasa is in possession of a guest house being constructed in Naguru, a Kampala suburb, valued at Shs580 million, a property inconsistent with his past and current known sources of income and assets.

The state alleges that between August 2007 and February 2008, Mr Akankwasa unlawfully allocated 100,000 cubic metres of round wood at Katugo Central Forest Reserve to Nile Plywood (U) Ltd for harvest at a rate of Shs62,500 per cubic metre, instead of the set price of Shs82,500 per cubic metre, causing a financial loss of Shs2 billion to NFA.