Ministers Not Free Yet, Says IGG Baku

Appeared in The Daily Monitor on 12 Apr 2012

The Inspector General of Government, Mr Raphael Baku, yesterday said ministers Sam Kutesa, John Nasasira and Mwesigwa Rukutana are not yet off the hook, although the Constitutional Court froze his office and the charges against the trio.

Mr Baku said their case had been seconded to the Director of Public Prosecutions, on the advice of the Attorney General.

“The decision of the Constitutional Court did not amount to an acquittal of the accused persons, neither did it amount to their discharge or dismissal of the cases against them,” Mr Baku said yesterday, adding that the DPP had taken over these and all the other 160 cases.

“The DPP has accordingly appointed some lawyers at the Inspectorate of Government as public prosecutors, in accordance with the powers vested in him by law to continue prosecuting those pending cases in courts,” Mr Baku, who holds office in acting capacity, told journalists at the Uganda Media Centre.

DPP Richard Butera last evening confirmed he would take on the corruption cases before the now incapacitated IGG’s office.

“I have not received the files, but I have appointed prosecutors from the IGG office to position of public prosecutors. They have been in court today to follow up the cases,” Mr Butera said by telephone.

The Constitutional Court last week halted the trial of the three ministers, reasoning that the office of the IGG was not properly constituted to execute its mandate and therefore was incompetent to prefer charges of corruption against the trio for their role in the 2007 Commonwealth Heads of Government Meeting.

Fresh twist

The charges of abuse of office and causing financial loss were now pending formal dismissal by the trial magistrates court at the Anti-Corruption Division, but yesterday’s developments put a spanner in the works, as the ministers may not be free after all.

According to Mr Baku, measures have been taken to ensure that the fight against corruption continues unabated “as the appointing authority handles the issue of fully constituting the inspectorate as required by law.”

The court has not been spared criticism either. MPs on Tuesday challenged the judges to explain their recent decision, considering that months back in a petition filed by former Vice President Gilbert Bukenya, they had held that the IGG’s office was properly constituted.

Led by Lwemiyaga MP Theodore Ssekikubo, the MPs have also drafted a motion to compel President Museveni to appoint a substantive IGG and two deputy IGGs within one week.

Judiciary spokesperson Erias Kisawuzi has said those dissatisfied with the Constitutional Court ruling can appeal in the Supreme Court—advice Mr Baku says he will take.

Differing voices

The bench. Court said the Inspectorate is not duly constituted as required by the Constitution to commence proceedings against any one alleged to have been involved in corruption, abuse of office and causing financial loss..

Tamale Mirundi. The President’s press secretary said Parliament is part of the problem which vetted one person well aware that the fully constituted office must have an IGG and two deputies.

Mary Karooro Okurut. The Information Minister says the President is considering the matter and at an appropriate time, he will make the appointment.