Re: {UAH} JPAM Cries Out: Hear My Side B4 Arresting Me Print

[Tendo Kaluma]

Fellow Ugandans,

It is my hope that we are not going to be treated to yet another ill played out Soap Opera starring Amama and Yoweri in the streets of Uganda and in the courts, each man spitting fire from the belly. It will not play out well internationally and certainly not on the Ugandan political front. There is clearly no high reason for that kind of animosity to be levied at a leading architect of the platform that the NRM Party and Presidency-have come to enjoy, for the last 27 years.

Folks might have thought that bringing it to Besigye in the the most brutal manner that we all witnessed served a lesson to Besigye alone not to mess with Big Daddy!  No, no, no we all came off looking like primitive, backward folks -who have no tolerance for opposition in the eyes of the international community. There are also unfortunate victims of such a display of backwardness the Kanbandores(wanna bees) such as Arinaitwe -who were dying to please their master at all costs! 

 President cannot come off smelling like roses after battering his Prime minister and right hand man for 27 years; all because he is suspected of having the thought or an ambitious wish not yet expressed of becoming President! Let's think about investor flight, we would be looking like Mafioso goons in the international community, how about the children of Uganda - who are so impressionable - what lesson would we be teaching them ? If you are an obedient and a loyal confidant of our liberator- President Museveni - and you express any ambition - your reward for that many years of loyal service to your country is to be dragged through the streets and courts as a common thief! Even the ants have a better credo and law of comradery!

I mean how do you separate Honorable Amama Mbabazi from President's Yoweri Museveni's - these men have been linked at the heap and walking in tandem since the president took office- and many of our youth have seen what it takes to be loyal to the President. If the rewards of toeing the President's agenda for as long as Mbabazi has is denigration and imprisonment then our President has become a sadist - and I don't think that is the legacy he wants to leave behind. 

It will be a shame, if the President decides to tear this man like a lion limb by limb and drag him through all the rancor and filth that Dr. Besigye was put through! We simply don't want to be in that gladiator's arena to witness such sadism repeat itself once again with another one of President Museveni's confidants. Please, please spare us the drama and international embarrassment!

The price for  Ugandan democracy ought not be this high - where each one of our youth is psychologically damaged and to never have ambition - even the Neanderthal in their gathering stages were more tolerant. We need to change course, if we want a kinder and gentler nation for our youth.  There has to be a day in these peaceful times -where Ugandans get to enjoy some of the peace dividends, not by neutering ambitions of fellow Ugandans but by being exemplary and working on matters that will move this country forward to higher and nobler grounds - that is our expectation from the President and his NRM Party! Let's all use this peaceful lull and energy constructively - May GOD save Uganda from itself.


Tendo Kaluma

Ugandan in Boston 

   

On Fri, Nov 7, 2014 at 11:12 AM, 'Dr.Edward Kayondo' via Ugandans at Heart (UAH) Community <ugandans...@googlegroups.com> wrote:

I understand but to a politician who is so proud of his "political clean slate" the image of being behind bars can be so damaging, plus it only has to be for a very short period even hours as he is being questioned. Bad image!

Eddie, M.D

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From: Moses Ocen Nekyon <mus...@gmail.com>
To: ugandans...@googlegroups.com
Sent: Friday, November 7, 2014 10:22 AM

Subject: Re: {UAH} JPAM Cries Out: Hear My Side B4 Arresting Me Print

Being behind bars and being convicted are two separate ‎and distinct things.

Sent from my BlackBerry 10 smartphone.

From: 'Dr.Edward Kayondo' via Ugandans at Heart (UAH) Community Sent: Friday, November 7, 2014 10:09 To: ugandans...@googlegroups.com Reply To: ugandans...@googlegroups.com Subject: Re: {UAH} JPAM Cries Out: Hear My Side B4 Arresting Me Print

Ideally if we are to fight corruption as called for by the masses the government has to be involved and if it is a person of high status as Hon.Mbabazi the President has to sanction it.

Now this is where fighting corruption this way becomes a Rubik's Cube, flipping it one side being favored in power then the other side being not in power and you get the opposition protecting the person they hated most just few months ago.

Clearly the question is, is there any smoking fire? Is it likely that Hon.Mbabazi was part of a corruption deal? If so then, the DPP has to continue with its investigation and if they gather enough evidence then they have to  move as stipulated in the laws.

Now I am not a lawyer that's why I don't understand the "mandatory statement" idea ! I would think that if police had enough evidence to suggest that someone stole something of high value and that person probably has the ability to escape facing the law if notified before the arrest they can move in and take the statement after the arrest, I think that is still under the law, so not knowing what evidence the DPP office has against him it will be premature for anyone to question that and his lawyers better come up with a better reason otherwise I dont think the public he is appealing to will gather in numbers to protest like they usually do for their darling doctor Besigye.

But all that aside, let just rest on a simple fact in our Constituion from two chapters:

Chapter Six

The Legislature.

80. Qualifications and disqualifications of members of Parliament

(2) A person is not qualified for election as a member of Parliament if that person—

d) has been adjudged or otherwise declared bankrupt under any law in force in Uganda and has not been discharged; or

(e) is under a sentence of death or a sentence of imprisonment exceeding nine months imposed by any competent court without

the option of a fine

Chapter Seven

The Executive

102. Qualifications of the President. A person is not qualified for election as President unless that person is—

(c) a person qualified to be a member of Parliament.

Case made the life line comes from the President if those likely to run for Presidency probably give up their ambitions, Prof. Bukenya, Capt. Mukula, are the quick examples and we know they all were championed as possible challengers but amidst allegations of corruption with the above understanding had to quite down and they are not behind bars.

Am I crazy? I don't think so, but Hon. Mbabazi will probably just face the humiliation of being behind bars or will not depending on when he makes the decision not to run for Presidency because anyways per our constitution as my interpretation if the DPP takes it as far as it can go more likely than not he will be charged and behind bars or will be still under proceedings come 2016 which will  disqualify him for Presidential elections.

Isn't that democratic? I mean following the constitution !

I stand to be corrected.

Eddie, M.D

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From: ssekajja via Ugandans at Heart (UAH) Community <ugandans...@googlegroups.com>
To: ugandans...@googlegroups.com
Cc: kyijo...@hotmail.com; awalu...@hotmail.com; kayihu...@gmail.com; ufapre...@gmail.com
Sent: Friday, November 7, 2014 8:55 AM
Subject: Re: {UAH} JPAM Cries Out: Hear My Side B4 Arresting Me Print

Hopefully, he will continue to go around saying that all is well between him and the "Godfather"!!!!

-----Original Message-----
From: rahimu jabendo <rahimu...@googlemail.com>
To: ugandans-at-heart <ugandans...@googlegroups.com>
CC: WB Kyijomanyi <kyijo...@hotmail.com>; Abbey Walusimbi <awalu...@hotmail.com>; Kale Kayihura <kayihu...@gmail.com>; beti kamya <ufapre...@gmail.com>
Sent: Fri, 7 Nov 2014 13:06
Subject: Re: {UAH} JPAM Cries Out: Hear My Side B4 Arresting Me Print

On 6 November 2014 18:52, Rehema Uganda <rehe...@googlemail.com> wrote:

JPAM Cries Out: Hear My Side B4 Arresting Me

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Category: Crime news

Published on 06 November 2014

Hits: 59

Uganda’s Ruling Party Secretary General Amama Mbabazi Moves to Stop His Impending Arrest over Fraud, Citing Political Witch-hunt

By Stanley Ndawula

WAIT A BIT: Mbabazi wants his statement taken before DPP charges him

In what seems a genesis of opening up mode since his political storm erupted two months ago, the on-leave Secretary General of the NRM Party, John Patrick Amama Mbabazi aka JPAM has struck against Government’s plan, to unconstitutionally charge him.

Jointly addressing the Director of Public Prosecution (DPP) and the Inspector General of Police (IGP) this afternoon, Mbabazi hits on having clues about his impending arrest, over what he terms ‘politically motivated and trumped up fraud and money laundering charges.’

Through a group of four law firms led by Akampurira and Partners, Mbabazi says he has not been given his constitutional right of being heard before charged. Other law firms include Muwema and Mugerwa Co. Advocates, Severino and Co. Advocates and, PM Mugisha and Co. Advocates.

“Our client’s attention has been drawn to various print and electronic media reports indicating that your respective offices are conducting criminal investigations against him…,” reads in part, the letter whose addressees have dully acknowledged receipt of.   

The investigations’ file, Mbabazi insists, has gone through all the necessary stages to reach the DPP’s desk for sanctioning, without his mandatory statement as the accused. “He feels he has been denied his right of being heard and he believes all the efforts against him are politically motivated,” one of the lawyers, privy with the new development offered.  

The original case suggests Mbabazi (R) had to walk the justice lane with PM Rugumda (L)

Indeed, the letter continues that the investigations are “in connection with some Arab investors associated with [defunct] National Bank of Commerce with intent to charge him with trumped up serious criminal charges of fraud and money laundering which are politically motivated.”

He attaches on his letter, several copies of print media reports supporting his fear. Efforts to reach the police and/or DPP’s offices for any comments on the matter were futile as the respective officers authorised to speak to the media did not pick our calls.   

The Case

Wrapped in police file number GEF 70/12 of Special Investigations Unit (SIU), the case stems from a directive from President Museveni, tasking police to probe the allegations that Mbabazi and others engaged in business transactions with foreigners before they swindled them of USD6M (approximately Shs15,000,000,000).

He also tasked police to unearth the true owners of National Bank of Commerce (NBC) and the alleged internal lending which led to collapse of the Bank, yet with external encumbrances.

Initially, the case was against then Prime Minister Amama Mbabazi, ICT Minister Ruhakana Rugunda and others. Mbabazi has since been fire as Prime Minister and replaced by his accomplice, Dr. Ruhakana Rugunda. It is yet to be clear whether the latter still features on the charge sheet.

But around July 2012, the ‘obtaining money by false pretence’ case took a negative twist after the complainants questioned police capacity to take on the big shots. According to police records, Mbabazi and Rugunda are accused along with former Finance Minister Ezra Suruma, businessman Amos Nzeeyi and others.

The group is believed to have used their [defunct] Parliament Avenue-based financial institution to dupe Arab investors (particulars withheld on request), into buying the bank. But they allegedly refused to hand over the same and failed to refund the dime.

But along the way, police efforts to have the complainants travel from Dubai to pen official statements yielded no results as they (complainants) cited intimidation on their part and, expressed reservations about Uganda Police Force (UPF)’s ability to investigate the Prime Minister.

“We have labored to convince them that the Prime Minister enjoys no immunity to investigations but they are reluctant to believe it. We are now planning to fly to Dubai and obtain the statements,” AIGP Grace Akullo, the Director Criminal Investigations and Intelligence Directorate had told this writer at the time.

Other charges   

Also to feature in the case is interpretation of the leadership code which provides that Ministers are not meant to transact business with foreigners. The Act provides for minimum standard of behaviour and conduct for leaders by prohibiting them from a conduct that is likely to compromise their honesty, impartiality and integrity when holding public offices, among others.  

According to part III, paragraph 12 (1) (b) of the Act, a leader, their spouse, agent, private company, public company or business enterprise in which s/he or their spouse, agent has a controlling interest shall not seek, accept or hold any contract with any foreign business organization where the contract is likely to be in conflict with the public interest.

Mbabazi's petition to DPP and IGP

Preliminary findings have it that after the contested change of the Bank name from the 1991 incorporated Kigezi Bank of Commerce (KBC) to National Bank of Commerce (NBC), Mbabazi and colleagues sold the Bank to some Kenyans who with time, sold it back to them citing bad business and failure to fully hand over the facility.

However two years later, they sought and contacted the complainants who, through their Tropical Bank Account, bought the Bank at USD6m, representing 65% shareholding. They allegedly sat back to wait for the official handover of the facility but in vain.

They were the majority shareholders and expected to employ their own people in key positions and fully run the Bank. But efforts to have the suspects acknowledge the money and officially handover the Bank became a problem, police records offer.

Nevertheless, it was not long when Bank of Uganda started communicating to the complainants that the Bank was being run on inefficient liquidity and hence faced closure. This, according to police records, was after the suspects resorted to internal lending after which, they declared their own loans as bad debts and closed the Accounts. Akullo had confirmed “some setbacks in the case.”

The fear

Now that Mbabazi no longer enjoys the ‘untouchable status’ that freaked away his accusers, he fears government has a hand in the new development and hence, the term “politically motivated and serious trumped up criminal charges.”

A comprehensive lawyer and highly intelligent, Mbabazi, to go by sources close to him, understands the seriousness of the charges levelled against him and he believes that unless he arrests the process before long, his next destination is none other than a prison cell. Watch this space

Edited by James Scott

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Rehema
Patriot in Kampala,East Africa:UMBS is a registered organization devoted to matters of interest to Muslims in Uganda.Muslims from other countries are welcome to join us too. Follow us on Twitter at: http://twitter.com/#!/UMBSFORUM. To donate to UMBS activities, click on: http://um-bs.com/donate/ or just deposit money on UMBS Bank A/C at Bank of Africa:07074320002 .

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