By Our Reporter
NATIONAL
The Anti-Corruption Division of the High Court has sentenced Matsiko Mutwingire Abert, the former Chief Administrative Officer (CAO) of Ibanda District, and Nuwagira Tom, the District Natural Resources Officer, to 18 months in prison after they were convicted for selling government land.
The sentencing carried out today, Tuesday, 10th June, 2025 also orders the duo to pay a compensation fee of Shs10,470,000 each to Ibanda District for the financial loss incurred in recovering the land.
The accused were charged with Abuse of Office after granting 13 hectares of Ibanda Forest Reserve to the Rukokoma Mixed Farmers Cooperative Society without first obtaining the necessary degazettement of the reserve.
The two ere earlier on 27th May, 2025 convicted by Hon. Lady Justice Jane Okuo Kajuga for abuse of office in a forest land swap scandal.
They were jointly charged and found guilty under Section 11(1) of the Anti-Corruption Act, 2009 (as amended).
The charges related to an unlawful Memorandum of Understanding (MOU) they executed with Rukokoma Mixed Farmers Cooperative Society in 2009, resulting in the irregular exchange of part of the Ibanda Local Forest Reserve.
According to the prosecution led by Chief State Attorney, Safina Bireke and Senior State Attorney, Gertrude Apio from the Office of the Director of Public Prosecutions, the accused officials entered into the MOU before the legal degazettement of the forest reserve—a critical procedural requirement under Ugandan law.
While the MOU contained a clause indicating that degazettement was a condition precedent to any land exchange, evidence revealed that the actual exchange occurred despite the forest never being formally degazetted.
The court established that the accused officials’ actions were premature and violated established procedures under the Public Procurement and Disposal of Public Assets (PPDA) Act.
The forest reserve, categorised as a strategic government asset, required formal processes, including the approval of the Contracts Committee, a step the officials deliberately bypassed. Instead, a “trade-in” method was used without following the right procedure, further aggravating the procedural breaches.
Moreover, the accused failed to obtain the mandatory legal guidance from the Solicitor General before the disposal of public land, another safeguard designed to protect against misuse of government resources.
The court described the officials’ actions as arbitrary and prejudicial to the interests of their employer, the Government of Uganda. The irregular transaction sparked public outcry and exposed the district to significant financial liabilities through subsequent civil litigations.
In its ruling, the court emphasized the importance of adhering to procurement and asset disposal protocols, stating that such procedures are critical in curbing impunity among public servants and ensuring accountability in managing public assets.
