Prime
Nandutu runs to court to halt iron sheets trial
The State Minister for Karamoja Ms Affairs, Agnes Nandutu (C) reacts as she arrives at Anti-Corruption Court in Kololo, Kampala where she was charged over iron sheets scandal on April 19, 2023. PHOTO/ ABUBAKER LUBOWA
What you need to know:
- The minister contends that the offence of dealing with suspect property is not well defined as demanded by the Constitution.
State Minister for Karamoja Affairs Agnes Nandutu has run to the Constitutional Court, seeking orders to stop her iron sheets corruption trial that is set to commence today before the Anti-Corruption Division of High Court in Kololo, Kampala.
In her petition filed yesterday, the minister contends that the offence of dealing with suspect property that she is charged with is not well defined as demanded by the Constitution.
“The elements/ ingredients for the offence as provided for under Section 21 A (2) of the Anti-Corruption Act, 2009 as amended are ambiguous, vague and too broad to amount to a precise definition of an offence which is what is required under Article 28 (12) of the 1995 Constitution,” Ms Nandutu says.
She adds: “...I further state that the provision of Section 21 A (1) of the Anti-Corruption Act, 2015 under which I was charged with is too imprecise from a penal legislation.” She also avers that the precision and clarity in the definition of a criminal offence is essential if she is to have a fair trial.
According to Ms Nandutu, who is also the Bududa District Woman MP, the offences that she is being charged with are not sufficiently, defined as required by Article 28 (12).
According to her, this ambiguity permits the police and the office of the Director of Public Prosecutions (DPP) to arbitrary arrest and detain people in absence of reasonable suspicion and on assumption of being in possession of suspect property.
Through her lawyers of Alaka & Co. Advocates and Nandaah Wamukoota & Co. Advocates, the minister wants the Constitutional Court to halt the trial.
She also wants the court to issue a permanent injunction restraining the DPP from prosecuting her until her petition is heard and determined.
Sources privy to the minister’s legal team told this publication last evening that they will this morning, ask court to halt the trial until the Constitutional Court has determined the minister’s issues.
Last month, the journalist-turned politician was charged and sent to Luzira prison for dealing with suspect property in connection with the Karamoja iron sheets scandal.
After spending close to three weeks in Luzira, she was released on a cash bail of Shs10m.
Its prosecution’s case that Ms Nandutu between June and July 2022, at the Office of the Prime Minister’s stores in Namanve, and in Kkola Cell, Bulwanyi Parish, Mukono District, dealt with government property to which 2,000 pre-painted iron sheets of gauge 28 marked ‘Office of the Prime Minister.’
The DPP further contends that by Ms Nandutu receiving and holding the said iron sheets, had a reason to believe that they were acquired as a result of loss of public property, an offence under Section 10 (1) of the Anti-Corruption Act 2009 as amended.
She is among three ministers who have so far been arraigned before courts of law in connection with the alleged diversion of iron sheets meant for vulnerable people of Karamoja.
Others are Dr Mary Goretti Kitutu (Karamoja Affairs) and Mr Amos Lugoloobi (State for Finance, Planning and Economic Development).
