Ibanda forest reserve land exchange verdict postponed to May 14

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The judgment in a case involving two former Ibanda District local government officials, accused of unlawfully allocating over 10 hectares of the Ibanda Forest Reserve to a private entity, has been postponed.

The Nakasero based Anti-Corruption Court presided over by Magistrate Diana Nekesa, who stood in for Justice Jane Okuo Kajuga, adjourned the case.

Nekesa informed the accused, their lawyers, and the prosecution that the judgment was not yet ready. She added that Justice Kajuga will deliver the judgment on May 14, 2025.

Former Chief Administrative Officer Abert Matsiko Mutungwire and Natural Resource Officer Tom Nuwagira are accused of unlawfully allocating part of the Ibanda Forest Reserve to Rukokoma Mixed Farmers’ Cooperative Society without following the proper de-gazettement procedures.

The two former Ibanda district officials are charged with abuse of office under Section 11(1) of the Anti-Corruption Act, 2009, related to the alleged unauthorised exchange of part of the Ibanda Forest Reserve with Rukokoma Mixed Farmers’ Co-operative Society.

The offence of abuse of office attracts seven years in jail or a fine not exceeding sh3.3m, or both.

Prosecution's case

It is alleged that in 2009, Mutungwire, Nuwagira, and others still at large, at Bwatota Bashonga and Company Advocates Chambers in Mbarara district, irregularly entered into a memorandum of understanding with the Rukokoma Mixed Farmers' Co-operative Society and exchanged part of the Ibanda Forest Reserve without following established procedures.

Defence lawyer Evans Tusiime asked court to acquit the accused persons, arguing that the district did not incur any loss and that the forest was not degazetted.

The prosecution, led by chief state attorney Safina Bireke and senior state attorney, Gertrude Apio, from the Office of the Director of Public Prosecutions (ODPP), rebutted the claims, asserting that although the forest remains intact, the Government incurred legal expenses in defending a civil suit related to the forest reserve.

The prosecution claims that Mutungwire and Nuwagira, while employed as the chief administrative officer of Ibanda and natural resource officer, respectively, abused their positions. 

It is further alleged that in June 2009, Mutungwire and others still arbitrarily entered into the memorandum without obtaining permission to allocate part of the forest land. The accused persons denied the charges, and they are out on bail.