In the wake of the press briefing held on Tuesday, 12th December 2023, by the State House Anti-Corruption Unit (SHACU), detailing the alleged fraudulent acquisition of public land in Lira City, a compelling rejoinder has surfaced, challenging the veracity of the claims made by the investigative officers.
Ken Allan Owani, a self-proclaimed activist, unveils a detailed counter-narrative, shedding light on what he asserts to be privately-facilitated and politically-motivated investigations by D/AIP Mr. Mugerwa Charles and Mr. Alinaitwe Samuel from SHACU.
The rejoinder begins with a meticulous examination of the case involving Plot 4A Station Road, Railways Quarters, purchased by Mr. Okello Lawrence, who is currently on bail. Owani vehemently disputes SHACU’s assertion that the land title was processed in the name of a minor, Aliro Mark, presenting evidence of Aliro Mark’s National ID, proving him to be of age during the transaction. Additionally, Owani questions the alleged forgery of Area Land Committee signatures, emphasizing that due processes should have been followed before SHACU intervention.
The narrative then delves into the complexities surrounding forest reserves and land encroachments. Owani argues that the involvement of the National Forestry Authority (NFA) should be sought for civil matters, rather than relying solely on the SHACU team’s biased information, as witnessed in the recent case of Te-Ilwa Forest Reserve in Lira City which is before Lira High Court as a civil matter.
He challenges the investigation methods employed, decrying the alleged threats and misconduct during statements recording, storming people’s private homes, bed rooms and entering into ceiling boards even without the presence of the LCI of the area and mature member of the family, highlighting constitutional violations of privacy contrary to Article 27 of the Constitution of the Republic of Uganda. He appealed for Police Summon system through LC I as an effective way to summon a suspect rather than chasing a suspect like a criminal.
Owani doesn’t shy away from questioning the qualifications and motives of the two officers, Mugerwa Charles and Alinaitwe Samuel. He raises suspicions about their true mission in Lira, suggesting they may be gathering resources for the institution rather than impartially conducting investigations.
The rejoinder takes a turn towards the principal state witness, Alele Stephen, accusing him of various land issues and forgery like the case of Plot 39, Kwania Road in Lira City and presenting a counter-narrative to the claims made against him. Owani argues that Alele’s involvement with SHACU is a desperate attempt to divert attention from his own alleged transgressions.
Allegations of corruption tendencies and impropriety on the part of Mugerwa Charles and Alinaitwe Samuel are laid bare, as Owani details instances of forced recovery of land titles and politically-motivated investigations. He accuses the officers of intimidating and detaining individuals selectively based on their political affiliations.
The narrative further uncovers shocking revelations of SHACU dishonouring District Council resolutions of two elective terms, terming them as “impugned.” He decried that such acts is uncalled for, it is very wrong and it is an abuse to the constitutional principles of representation of the people of Uganda as stipulated in Article 176 (3) of the Constitution of the Republic of Uganda and the Local Government Act CAP 243, Section 6 and Second Schedule Part 2, adding that, one can only challenge Council Resolution through the High Courts of law.
He lamented that Mr. Mugerwa and Alinaitwe expects District Land Board to operate like a Procurement committee, which is contrary to Section 62(6) of the Land Act CAP 227 and I quote; ‘’Subject to this Act, a Board may regulate its own procedure’’. They are also trying to usurp the powers of the Board, which is contrary to Article 241 (2) of the Constitution of the Republic of Uganda 1995, he explained.
Owani exposes an instance where the team forcefully recovered land titles from the residence of Awany Choudry, father to Apolo Lydia, at gunpoint. The 10 plots of land, located on Plot 28-37 (measuring approximately 1.3460 hectares), Adea Kolnerio Close, allegedly sold to a minister through collusion with city leadership, were not returned to Lira District Local Government, revealing a troubling pattern of forcing individuals to surrender legitimately acquired titles.
He also accused the team from SHACU to coercing the Regional DPP Lira Office to sanction files without substantial evidence and undue regards to the laws surrounding the cases. The trend has also been that when cases seem to be collapsing, they amend the charges to remove the cases from Court of Jurisdiction to Anti-Corruption Court and in all these, if a suspect was granted bail, they demand for the cancellation of the bail which I have consulted and found it illegal.
Such acts have caused some officers to be acquitted at the Court Preliminary stages like the case of Mr. Okello Francis Olwa and others, and this clearly shows that DPP should be questioned for sanctioning files that do not stand the test, hence wasting time and resources of the affected persons as well as Government money.
He further added that the said officer at Lira Regional DPP Office is known for sanctioning a fabricated file, E.g, Ref: Lira CRB: 185/2022 / Case No: 461/2023 of Uganda Versus Ojuka Anthony, which was later dismissed at preliminary stage.
The tale concludes with Owani issuing a pointed call for SHACU to review its investigative methods and reconsider the staff assigned to Lira. He warns of compiling detailed evidence and reporting directly to the President if the rejoinder is ignored, copying relevant offices, including the Inspectorate of Government, Director of Public Prosecution, Inspector General of Police, and others.
