City lawyer John Matovu has told the Anti-Corruption Court that the charges brought against him are illegal and an infringement of his rights.
Matovu maintained that his involvement in the shillings four billion co-operative union’s transactions was legal and, given the absence of complaints from his clients (Busoga Growers Co-operative Union), he requests that the case be dismissed with costs.
Senior principal Grade One Magistrate Abert Asiimwe is expected to hear the application today, September 24, 2024.
In an application he filed against the Director of Public Prosecutions (DPP) and the Attorney General, Matovu says failure to stay proceedings against him as mandated under the law were in violation of his right to be heard.
The lawyer further argues that the criminal summons and charges brought against him are illegal, null, and void, alleging that they are in violation of his legitimate exercise of his right to practice his profession as a senior advocate.
Matovu, 62, a practicing lawyer attached to Matovu and Matovu Advocates, is battling charges of theft by agent together with city lawyer Fred Makada attached to Makada and Makada Advocates. The court has since issued a warrant of arrest against Makada.
Other accused persons are James Muganza (Jinja district local government commercial officer) and Charles Basoga (chairperson of Busoga Growers Co-operative Union). The two face charges of abuse of office and causing financial loss.
Basoga and the two lawyers also face a charge of conspiracy to defraud, contrary to section 309 of the Penal Code Act.
The offence of theft by agent elicits a 14-year jail term, upon conviction, while abuse of office attracts a maximum sentence of seven years’ imprisonment. The offence of causing financial loss elicits a 14-year jail term.
In his affidavit, Matovu asserts that the DPP and Attorney General infringed on his fundamental rights by disregarding his human rights enforcement application. Specifically, he cites Article 21(1) of the Constitution and Rule 7(2) of the Human Rights (Enforcement) Act 2019 as the basis for his claim.
Matovu also claims that his right to liberty was violated when he was remanded to Luzira Prison on August 12, 2024, pending a ruling on his bail application, contrary to Article 23 (1) of the Constitution.
“I attended a court hearing for the enforcement of my human rights application, but instead of being heard, I was unexpectedly required to enter a plea in the criminal proceedings, which violates Article 28(1) of the Constitution,” he contends.
Prayers
Matovu wants his application to be referred to the High Court for determination. He also seeks an order, staying proceedings at the lower court, pending hearing and determination of this application.
The lawyer also seeks an order that the action of remanding him to Luzira Prison without a conviction or sentence, pending a ruling on bail is illegal and unconstitutional.
He wants the court to compel the Government to pay him general damages, citing the emotional distress and inconvenience he has endured.
Allegations
Prosecution alleges that the trio and others still at large, between 2018 and 2023, in Kampala and Jinja district, conspired to defraud sh4b funds meant for war loss compensation to Busoga Growers Co-operative Union.
It is purported that Matovu between 2018 and 2023, being entrusted as an advocate for Busoga Growers Co-operative Union to pursue the war loss compensation claim from the Government, stole sh4b belonging to the cooperative union.
On the other hand, lawyer Makada is accused of stealing sh1.2b, money meant for war loss compensation to Busoga Growers Co-operative Union. He allegedly committed the offence in 2018 when he was an advocate for the cooperative union.
Prosecution further alleges that Basoga between 2018 to 2023 in Jinja district, received sh569.5m, money meant for war loss compensation to Busoga Growers Co-operative Union and put it to personal use, knowing or having reason to believe that such an act would cause financial loss to the cooperative union.
It is also alleged that Muganza between 2018 and 2023 in Kampala and Jinja districts, in abuse of authority of his employer, did an arbitrary act, prejudicial to the interest of his employer, when he received sh250m, money meant for war loss compensation, to Busoga Growers Co-operative Union.
Muganza is also accused of putting the money (sh250m) to personal use, knowing or having reason to believe that such an act would cause financial loss to Busoga Growers Co-operative Union.
New Vision broke the story of the co-operatives cash scandal in which over sh164b is said to have been embezzled by legislators, trade
