Former UNBS Executive Director Evades Bribery Charges
In a surprising turn of events, the Inspector General of Government (IGG), Betty Kamya, has withdrawn bribery charges against the former Executive Director of the Uganda Bureau of Standards (UNBS), David Livingstone Ebiru. Ebiru had been facing charges related to alleged bribery attempts to retain his position as UNBS Executive Director, specifically offering a bribe to Charles Musekura, the UNBS board chairperson, between October and December 2022.
However, the withdrawal of these charges has raised questions and eyebrows, as the government of Uganda, according to a letter from the Deputy IGG, Dr. Patricia Achan Okiria, has expressed a lack of interest in pursuing the case. The letter, addressed to the trial Magistrate and High Court Anti-Corruption Division, states that the government intends for the proceedings against Livingstone Ebiru not to continue. Unfortunately, the letter does not provide any reasons for this abrupt decision.
While the withdrawal letter is now part of the court record, the formal discharge of Ebiru is scheduled for October 31, 2023, during a mention before the trial Chief Magistrate Joan Aciro. The most striking aspect of this case is that Ebiru’s charges have been withdrawn without him ever setting foot inside a courtroom. He was arrested on July 26th, 2023, and although brought to court premises, he was subsequently taken back to the IGG’s office or police custody and released under unclear circumstances.
Initially, criminal summons had been issued, compelling Ebiru to appear in court and face the charges against him, but he failed to do so. Prior to this, a warrant for his arrest had been issued by the IGG. However, soon after being placed in court cells, he was taken back to the IGG’s office or police custody, leading to the issuance of criminal summons.
Subsequently, on August 8th, 2023, a warrant of arrest was issued, authorizing the police to apprehend Ebiru upon sight and bring him to court to enter a plea. However, his legal team countered with a case filed before the High Court, challenging the trial’s legality and requesting that the court declare the criminal summons, warrant of arrest, and the trial itself as illegal.
Furthermore, Ebiru sought a permanent injunction against the IGG and her agents, preventing them from instituting charges against him, and he also requested compensation from the government for violating his fundamental rights. His argument was that the proceedings were initiated before investigations could be properly concluded, potentially causing him irreparable harm.
On September 20th, 2023, the Anti-Corruption High Court Division Judge, Lady Justice Jane Kajuga, dismissed Ebiru’s application for lack of jurisdiction, effectively allowing the now-withdrawn charges to proceed.
In response to the decision to withdraw the charges, Ebiru’s legal team, led by Silas Kahima Mugabi, expressed their lack of surprise, asserting that the charges had been maliciously brought against their client from the outset. They viewed the withdrawal as a fitting conclusion, given their belief that the charges lacked a solid foundation. Mugabi shared with a local press network, “From day one, the charges were a nonstarter, borne out of malice and without proper investigations being done, so it’s not surprising they have been withdrawn.”
Ebiru’s legal woes began when he confessed to having bribed Charles Musekura, the UNBS Board Chair, with one hundred million shillings during his appearance before Parliament’s Public Accounts Committee on Commissions, Statutory Authorities, and State Enterprises Committee (PAC-COSASE). However, he later recanted his confession, stating that it was made in anger and that he had never actually engaged in bribery.
Ultimately, this development adds a layer of intrigue to a case that has seen twists and turns, and raises questions about the state of anti-corruption efforts and accountability in Uganda.
