The court has declined to summon the former executive director of the Uganda National Bureau of Standards (UNBS), David Livingstone Ebiru, in connection with alleged bribery amounting to shillings 100 million, citing a lack of evidence in response to a request from city lawyer Hassan Male Mabirizi.
The request for criminal summons against Ebiru stemmed from accusations of money laundering linked to bribery, as brought forward by Mabirizi. Ebiru’s involvement came into question after statements made during a hearing before the Parliament’s Committee On Commissions, State Authorities and State Enterprises (COSASE) on July 19, 2023, where he initially admitted to offering a bribe to UNBS board chairperson Charles Masekuura to extend his contract. However, Ebiru later retracted his statement, citing emotional outbursts as the cause.
Presiding over the case, Principal Grade One Magistrate Abert Asiimwe, on February 21, 2024, rejected the summoning of Ebiru, highlighting the absence of substantial evidence tying him to the alleged crime. Asiimwe clarified that even if evidence were presented, it would pertain to corruption, falling under the Anti-Corruption Act, rather than money laundering.
The magistrate further emphasized that without clear evidence, the court lacked a basis to determine the existence of a prima facie case, necessary for initiating legal proceedings. He deemed the summoning request as potentially wasteful of Ebiru’s time and resources, as it lacked sufficient grounds to justify formal charges.
Asiimwe underscored the legal procedures governing prosecution under the Anti-Corruption Act of 2009, emphasizing the requirement of consent from the Director of Public Prosecutions (DPP) or the Inspector General of Government (IGG) for initiating such cases. While acknowledging Mabirizi’s efforts in contributing to legal practice, Asiimwe advised collaboration with relevant authorities for matters involving prosecution under the Anti-Corruption Act.
The decision comes after the Inspector General of Government (IGG), Beti Kamya, withdrew corruption charges against Ebiru. Despite previous attempts to pursue legal action, including issuing criminal summons and court directives for Ebiru’s arrest, the withdrawal of charges has halted the legal proceedings.
Justice Jane Okuo Kajuga, in a previous ruling, dismissed Ebiru’s application to block his trial, affirming the jurisdiction of the lower court in handling the case. Kajuga emphasized the necessity of adhering to legal procedures, highlighting the authority of the magistrate in overseeing matters related to alleged violations of fundamental rights.
