Global Courant 2023-05-10 20:08:52
In a given society, once politicians and civil servants start competing financially with private business, it jeopardizes the socio-economic development and upward transformation of society at large as they begin to use their positions to destroy all existing structures, systems and undermine policy. to move the nation forward.
In March 2020, Ham Enterprises Ltd (Uganda) filed a lawsuit against Diamond Trust Bank (DTB) for recovering funds illegally deducted from its accounts in the amount of Ugx.120 billion ($32.26 million). She alleged that the bank had unlawfully and fraudulently withdrawn the amount over a period of 10 years in excess of all its obligations to the bank. More so, Kirwowa Kiwanuka (Attorney General of Uganda) admitted in court records in September 2020 that DTB Kenya was not licensed to conduct banking business in Uganda nor did DTB Uganda have the authority to conduct business on behalf of agencies of DTB Kenya thereby in battle with sections; 4 (1) and 117 of the Financial Institutions Act and the Banking Regulations of Uganda.
A few months later, on 7 October 2020, a judgment was handed down in favor of Ham Enterprises Ltd at the High Court by Hon Justice Henry Peter Adonyo, Head of the Commercial Division. Edwin Karugire (partner at K&K Advocates) and Kiryowa Kiwanuka (Attorney General of Uganda) using their political influence immediately demoted and transferred the said judge from the Chief of High Court, Commercial Division to Soroti.
Based on the fact that the non-tolerance of illegality in all courts forms the basis of all legal structures and judicial procedures internationally, this case is a scale for the independence of the Ugandan judiciary.
Now the public has seen how K&K advocates scrutinize judges and influence judgments in their favor. In so many cases, the company victimizes Ugandans and subjects them to unfair and unjust political waves that always frustrate justice by taking political positions while undermining legal processes with complete and absolute impunity. So can K&K’s lawyers successfully politically squash the Supreme Court, or will the law prevail?
Diamond Trust Bank has admitted in court documents through their depositions that they committed wrongful acts where they emphasized that the judges of the Court of Appeal erred in failing to address the substantive point of illegality lawfully ruled by the Supreme Court , specifically stating that: “The learned judges had the right to deal first with the grounds relating to the procedure followed by the trial judge by striking out the pleas of the defendants and allowing the contested orders, before dealing with the other grounds.”
It was within these admissions in the bank’s comments that they clearly stated that the appeal judges never addressed the circumstances under which the bank never sought the permission of the Bank of Uganda to conduct its business in Uganda as required, hence breaking sections; 4 paragraph 1 and 117 of the Financial Institutions Act.
In confirmation, Ham’s appeal to the Supreme Court is that the Judges of the Court of Appeal have not addressed the substantive issue of illegality, as rightly decided by the Supreme Court, as DTB concedes the same. Ham submitted a request for admission on November 23, 2021.
Ham Enterprises (u) Limited awaits judgment on court admission, while DTB is stuck with the illegality as acknowledged in both the Supreme Court court records and the admissions in the court records in their submissions to the Supreme Court.
This case puts the Ugandan justice system and independence to the test, whether the non-tolerance of illegalities is the basis of all legal structures and judicial procedures in all courts around the world or whether it is too weak to withstand political pressure that affects all endangers the constitutional rights of Ugandans.
Can Kiryowa Kiwanuka’s political clout as current Attorney General and the marital status of Edwin Karugire (as President Yoweri Museveni’s son-in-law) save the Diamond Trust Bank from the wrongs committed and recognized in the court records? Is this case a bright spot for all Ugandans as a solution to this cancer of exploitative foreign banks illegally debiting money from Ugandans’ accounts? Does Kiryowa Kiwanuka as Attorney General and at the same time a partner in K&K’s advocacy lead to a conflict of interest that frustrates and jeopardizes the independence of the judiciary?
At 11:39 a.m. on Friday, May 5, 2023, the court convened to reinstate a panel of judges following the death of Judge Ruby Opio Aweri on December 7, 2022. A panel composed of judges: Alfonse Owiny-Dollo, Chief Justice from Uganda, Micheal Chibita, Percy Night Tuhaise, Faith Essy Mwondha and Judge Stephen Musota were selected to decide the case by approving the court’s files, including Ham’s November 11, 2021 application for adjudication on admission by DTB and are lawyers K&K lawyers.
Fast facts to note:
Diamond Trust Bank (DTB) illegally debited Ugx.120 billion ($32.26 million) from accounts of Ham Enterprises (U) Limited and admitted to committing illegalities in the Supreme Court based on court documents when Kiryowa Kiwanuka entered the court said DTB was not licensed to operate in Uganda and a verdict was handed down in favor of ham companies at the high court for recovery of the bank’s debited funds. The bank and its lawyers, k&k lawyers, additionally admitted to the Supreme Court that the Court of Appeal had failed to address the substantive point of illegality in their November 5, 2021 filing. On November 11, 2021, Ham filed a petition stating that DTB had agreed with him that the Court of Appeal (COA) rules; Richard Buteera, Christopher Madrama and Keneth Kakuma did not address the issue of illegality, contrary to the provisions of the Financial Institutions Act under which the Supreme Court ruled by law.
Key questions to note:
Can the Ugandan Supreme Court shield an illegality that violates the international baseline for judicial procedures and legal structures? Are the Supreme Court justices strong enough to administer justice and enforce the law? Can the political influence of Kiryowa Kiwanuka as the current Attorney General and the marital status of Edwin Karugire (as the son-in-law of President Yoweri Museveni) save the Diamond Trust Bank from the wrongs committed and recognized in the court records? Does Kiryowa Kiwanuka as attorney general and at the same time partner in K&K lawyers create a conflict of interest, frustrate and endanger the independence of the judiciary? Can Diamond Trust Bank escape the law given our weak legal structures and policies as a nation? Will this case help Ugandans to spare the current exploitative, poorly regulated banking system?
Written by Hasabuwenje Daniel.
