Court census delays minister Lugoloobi defence in iron sheets case

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Planning state minister Amos Lugoloobi, who is accused of diverting iron sheets meant for the Karamoja sub-region, is scheduled to start defending himself on January 28, this year.

Lugoloobi, who is also the Ntenjeru North MP, was expected to begin his defence on Wednesday, January 15, 2024, but his lawyers, John Isabirye, Tony Tumukunde and Rita Asiimwe, failed to appear in court due to a second National Court Case Census, which commenced on Monday (January 13, 2025).

The census aims to document and analyse pending cases across various court levels, including the Supreme Court, Court of Appeal/Constitutional Court, High Court, Chief Magistrates’ Courts, and Magistrates Grade I and II Courts.

As a result, the Anti-Corruption Court, presided over by Justice Jane Okuo Kajuga, postponed the case to January 28, 2025.

On November 27, last year, the court ruled that a prima facie case had been established against Lugoloobi, who faces two counts of dealing with suspect property under Section 21A of the Anti-Corruption Act.

The offence of dealing with suspect property attracts a maximum sentence of seven- years imprisonment, upon conviction.

A prima facie case is established when the evidence adduced is such that a reasonable tribunal, properly directing its mind on the law and evidence, would convict the accused if no evidence or explanation was set up by the defence.

The court found sufficient evidence, supported by testimonies from 11 prosecution witnesses and records, linking Lugoloobi to the receipt of the iron sheets. The state is being represented by the Assistant Director of Public Prosecutions Josephine Namatovu.

Some of the witnesses who testified aganist Lugoloobi included the former Under Secretary in the Office of the Prime Minister (OPM) Geoffrey Seremba, Church of Uganda Priest Daniel Muwanguzi, New Hope Primary School headteacher Fred Mayinja, Senior Superintendent of Police Fred Lumala and Inspector of Police Benon Mudabani.  

According to Kajuga, although no direct evidence proved Lugoloobi’s prior knowledge of the iron sheets’ origin, his casual acceptance and failure to inquire about their allocation raised a presumption of awareness regarding their unlawful acquisition.

Consequently, the court placed Lugoloobi on his defence to respond to the evidence presented.

“I have not found major contradictions in the prosecution’s evidence, nor the evidence tendered manifestly unreliable. The prosecution led evidence in support of each element of the offenses charged. I am convinced that the prosecution has tendered sufficient evidence to call for an explanation from the accused,” Kajuga earlier ruled.

During the trial, Seremba testified that the OPM oversees affirmative action initiatives in various regions, including Luwero Triangle, Teso Affairs, Bunyoro Affairs, Karamoja Affairs, and Northern Uganda.

He explained that the former Karamoja Affairs minister Goretti Kitutu, developed a work plan approved by the Cabinet, totaling to sh39.94b, which was later released as a supplementary budget.

Kitutu, who is also the Manafwa district Woman Member of Parliament, is facing trial at the Anti-Corruption Court over the diversion of iron sheets meant for Karamoja.

She is jointly charged with her brother Michael Naboya Kitutu and her former personal assistant Joshua Abaho. Kitutu faces charges related to causing loss of public property, while her brother is accused of receiving stolen property, and Abaho is accused of corruption. The trial has been halted pending a decision from the Court of Appeal.

Seremba revealed that the work plan comprised three components, one of which involved providing iron sheets to reformed warriors, known as Karachunas, and to widows affected by their activities. All nine districts in Karamoja were slated to benefit from the initiative.

Court documents indicate that the iron sheets, procured from MM Integrated Steel Mills Limited and Roofings Group, were Gauge 28, pre-painted for visibility, and marked “Office of the Prime Minister”.

Allegations

Prosecution alleges that Lugoloobi between July 14, 2022, and February 28, 2023, at the OPM stores Namanve in Mukono district and at different places in Matugga, Wakiso district and Ntenjeru North Constituency in Kayunga district, dealt with government property, namely, 400 pre-painted iron sheets marked “OPM”, having reason to believe that the said iron sheets were acquired as a result of loss of public property, an offence under Section 10 (1) of the Anti-Corruption Act.

On the second count of dealing with suspect property, it is alleged that Lugoloobi between February 1, 2023 and March 16, 2023, at OPM stores Namanve, in the same places, dealt with suspect property, namely, 300 pre-painted iron sheets marked “OPM”, having reason to believe that the said iron sheets were acquired as a result of public loss of property.

Evidence against Lugoloobi

Lugoloobi reportedly received 600 iron sheets in two equal batches of 300. He is said to have received the first consignment from the OPM on July 15, 2022, under voucher number 8,058. The iron sheets were purportedly signed for by his [Lugoloobi’s] personal assistant, John Allan Damulira, and transported using car registration number UBG430S.

Lugoloobi also allegedly received another batch of 300 sheets from the Karamoja affairs ministry on February 1, 2023, under voucher number 8,527.