The officials appeared before the Anti-Corruption Court on May 2nd, 2019 for causing the bank a financial loss of more than Shillings 4 billion meant for different services and supplies involving Compulynx Uganda Limited, which was supposed to offer e-banking related services.
Some of the former Post Bank officials who have lost the case.
The High Court in Kampala
has dismissed with costs an application by five Post bank
officials challenging their suspension without a fair hearing.
They are Stephen Mukweli, the Managing Director, Safina
Wabuna Nakiyemba, the
Executive Director for Information and Communication Technology, David Mwesige, the head of Information Technology, Augustine
Kisitu, the head of Business Technology and Fred Samuel Wasike, the Head of Business Growth.
They ran to court after the Bank of Uganda
suspended them on April 23, 2019, to pave way for investigations into allegations of abuse of office and other
irregularities by the Anti-Corruption Unit of State House, Office of the
Auditor-General, and the Criminal Investigations Directorate.
The officials appeared before the Anti-Corruption Court on May 2nd, 2019 for
causing the bank a financial loss of more than Shillings 4 billion meant
for different services and supplies involving Compulynx Uganda Limited, which was supposed to offer e-banking related
services. On May 30th, 2019, the Bank
of Uganda issued another directive staying
the suspension of the officials on grounds that the
outcome of the court process may impact the extent to which they can be
considered fit and proper to manage the affairs of a financial institution.
Dissatisfied with the directives, the five
officials petitioned the High Court Civil Division through their lawyers led by Robert Kirunda to
quash the directives on grounds that the Central Bank made them in total
disregard of the rules of natural justice. They also argued that
the decision to maintain their suspension was irrational, procedurally unfair, and irregular, adding that any
actions and decisions resulting therefrom were tainted with illegality.
They asked the court to issue an order compelling the Bank of
Uganda to permit them to resume their employment at Post Bank in accordance
with their employment
contracts and compensate them
for the inconveniences caused.
In response, the Bank
of Uganda through their lawyer Albert Byamugisha asked the court to dismiss the case on grounds that the
applicants were top managers of Post Bank who were being investigated by state
institutions for abuse of office and causing financial loss contrary to the
Anti-Corruption Act. The central bank also argued
that the accused were not fit to stay on the job as the court process was ongoing.
In his ruling Justice Musa
Ssekaana has dismissed the application,
saying that there was no need for a fairing hearing for the accused persons since their matter was being handled by
other state agencies. “There was no necessity for a hearing as
described by counsel for the applicant to be called since the applicant’s cases were being handled by other state
institutions mandated to investigate matters of corruption”, said Ssekaana.
Adding that, “Those investigations by Anti-Corruption Unit of
State House, Office of the Auditor-General and the Criminal Intelligence and
Investigations Directorate for offenses contravening the Anti-Corruption Act
were sufficient to warrant the respondent to direct the applicants’ suspension
under section 82 of the Financial Institutions Act".
Section 82 gives the Central Bank powers to issue
directions regarding measures to be taken to improve the management, financial
soundness, or business methods of the financial institution if it has reason to
believe that the affairs of the financial institution are conducted in a manner
detrimental to the interests of the depositors or prejudicial to the interests
of the financial institution or in contravention the Financial Institutions
was the Managing Director of Post Bank has
since been replaced with Edwin Keronga.
The Government of Uganda has 100 percent shareholding in the bank.