Thursday, 15 October 2020

PENSION SCAM: Lwamafa, Obey and Kunsa guilty.

 

                                  (L-R) Jimmy Lwamafa, Kiwanuka Kunsa and Christopher Obey

 

The Anti-corruption Court has ruled that the three former officials of Ministry of Public Service in the Pensions Scam case are guilty of causing a financial loss to government.

Jimmy Lwamafa who was then Permanent Secretary, together with Christopher Obey then Principal Accountant and Stephen Kiwanuka Kunsa then Commissioner Compensation Department, were indicted with 10 counts that include causing financial loss, abuse of office,false accounting, conspiracy to defraud and diversion of public funds. They were accused of irregularly budgeting sh88 billion for NSSF and paying it to ghost pension pensioners.

Court ordered the officials to refund sh50 billion together. Lwamafa was given seven years imprisonment, Kiwanuka Kunsa five years and Obey 10 years.

They have been on trial since November 2015. The alleged crime took place over two financial years of 2010/11 and 2011/12

Justice Lawrence Gidudu delivered the judgement and ignored an earlier decision of the two court Assessors who advised him to acquit the accused officials.

The assessors in the corruption case in September advised the Anti-Corruption Court to find them innocent and acquit them of all charges.

Prosecution maintains the said money was paid to ghost pensioners, and that the accused officials were responsible for authorizing this same payment.  The said the officials requisitoned for the said money well knowing public servants do not contribute to the National Social Security Fund (NSSF) pension scheme.

In the opinion of the two assessors, Vincent Okech and Stanley Kurong, no evidence has been adduced by prosecution to show that the said  item NSSF was ever discussed in any meeting  included in the accused’s work plan and budgetary estimates for financial years 2010/2011 and 2011/2012 as  alleged.

They explained that the accused only  requisitioned for funds for gratuity and pension of teachers, soldiers and beneficiaries of the East African Community, but not NSSF.

They add that the evidence on record, regarding  the entry of data in the Output Budget Tool (OBT) at the Ministry of finance, shows that only the then Assistant Commissioner Policy and Planning  Joses Tegyeza had access to the payment system since he was the officer nominated from Public Service to go and enter data.

editor@independent.co.ug

 

 

Pension scam; Cairo Bank Prosecution Halted

 6th May 2014

 An interim order is issued to restrain the Director of Public Prosecutions, his officials or any person acting under his authority or under the respondents authority from charging, prosecuting, arresting or summoning the applicant or its officials either under criminal case No.0010 of 2013, Anti Corruption Division, or amended charges dated March CID HDTRS/E/04/2013 until the application for a temporary injunction is heard and disposed of on June 10, the order reads in part.

 

High Court in Kampala has temporarily stopped the impending arrest and prosecution of Cairo International Bank and its general manager in connection with the alleged theft of Ugx 165 billion pension scam money.

 

The order to halt the impending trial was issued by High Court Deputy Registrar Charles Emuria and directed at the Director of Public Prosecutions Mike Chibita.

“An interim order is issued to restrain the Director of Public Prosecutions, his officials or any person acting under his authority or under the respondents’ authority from charging, prosecuting, arresting or summoning the applicant or its officials either under criminal case No.0010 of 2013, Anti Corruption Division, or amended charges dated March CID HDTRS/E/04/2013 until the application for a temporary injunction is heard and disposed of on June 10,” the order reads in part.

 

Prosecution alleges that the bank and its general manager Mohammed Tarek conspired with five senior officials in the Ministry of Public Service including its permanent secretary Jimmy Lwamafa to steal more than Ugx 165 billion of pensioners’ money by creating 2,605 ghost beneficiaries.

 

The bank and its general manager were scheduled to appear before the Anti Corruption Court for plea taking on charges of theft and conspiracy to defraud.

 

The temporary orders were given on Monday in the presence of the bank’s lawyers Enos Tumusiime, McDusman Kabega and Tom Magezi. The state was represented by Geoffrey Atwine.

 

To that effect, when the matter came up this morning before presiding Chief Magistrate Sarah Langa Siu, the superior orders of the high court forced her to halt the trial until the bank’s main application in which they are challenging their prosecution is determined by the high court.

 

The other ministry of public service suspects include; Principal Accountant Christopher Obey, Senior Accounts  Assistant, David Japians Oloka, Accounts Assistant Stephen Lwanga, Information System Analyst Francis Lubega and Director Research and Development Stephen Kiwanuka Kunsa among others.

 

Lwamafa and group again today pleaded not guilty to the amended charge sheet that now includes Cairo Bank and its managing director.

 

A host of defense lawyers told court that since there is an order stopping the arrest and prosecution of Cairo bank and its general manager; it was prudent that the trial against other suspects of public service ministry be halted until the application in which the bank is challenging its prosecution at the Anti Corruption Court is determined.

 

But the state prosecutor Barbra Kawuma objected to the same request before asking court to continue prosecuting the rest of the suspects.

 

Court adjourned the matter to June 13 for mention of the case and way forward. 

Pension scam: Cairo bank, lawyers coached us to lie - staff

 

Written by URN


 

Two former employees of Cairo International Bank (CIB) have accused their managing director, Darwish Osama and bank lawyers of coaching them on what to say in the pension scam inquiry.
 
Ishaq Ssentongo, the former assistant manager operations and bank's former head of cash Rahma Nakigozi told the Public Accounts Committee (PAC) yesterday that they were 'coached' by Darwish and lawyers Macdusman Kabega and Tom Magezi on what to say before the committee.
 
“When it [pension scam inquiry] started, we were called to the MDs office by Mr [Darwish] Osama, the bank lawyers that is Mr Kabega, Mr [Enos] Tumusiime and everyone who handled those transactions. We were all coached on what to say, what not to say. ’You should say this or else you go to prison'.

Adding: “In fact when I was recording my charge and caution Mr Tom Magezi was just next to me. Like we said; ‘don’t forget, write what we told, say what we agreed on. The bank will stay but Rahma will not stay! So better you say what we agreed on”, she said.

On Tuesday while appearing before the committee, Darwish said Nakigozi and Ssentongo conspired with some officials from the ministry of Public Service to defraud pensioners of Shs 165bn. He denied that as an institution, the bank was at fault. Darwish said Nakigozi misled the bank when she claimed to have had verified and physically seen the pensioners pick their gratuity.

Nakigozi however, says they did not know they were facilitating fraud, since they were just following orders from their top bosses. She said, she used to fill in withdraw vouchers for the supposedly pensioners who signed and left the bank with the cash.

She explained that after collecting a number of withdraw forms, she would take them to the then bank manager Muhammed Terek, who, with other staff pack the money for the 'pensioners' in the strong room.
 
Ssentongo, on his part, denied the accusations, equated the working atmosphere at Cairo Bank to a "school environment" where everything was done on order and without rules or regulations.

"Cairo Bank was like a ‘school environment’ where you have a headmaster. No rules, no regulations, no everything. All the information, you were supposed to get it from your boss…as far as those account opening forms were concerned, me I was receiving everything on my desk”, he said.

He noted that being the assistant manager operations, he would authorize account opening by appending signature on documents yet in actual sense the accounts were already in existence in the bank system.

In his special audit, the Auditor General unearthed more than 300 'ghost' pensioner accounts in Cairo Bank  that were opened before recommendation letters had been sent to the bank. 

Peter Sajjabi, the former Secretary to the East African Community Beneficiaries Association also testified on his role in the ghost pension scam. Sajjabi signed all account opening recommendation letters for the alleged 'ghost' pensioners in Cairo Bank. He denied having collected money from Cairo Bank on behalf of any pensioner saying that he only stopped at signing their recommendation letters.
 
He said that some of the people he recommended came to him personally, and for others, forms were just placed on his desk, for him to sign. PAC vice chairperson, Paul Mwiru put it to Sajjabi that he facilitated fraud by recommending people he did not know.

 

Cairo bank chief, ex-staff trade accusations over pension scam

 

Written by Deo Walusimbi 

One of six Cairo International Bank officials arrested in a sh63b pension scam investigation is Wednesday released on bond


 

By Eddie Ssejjoba

Police on Wednesday released on bond a Cairo International Bank official who was arrested with five others in the middle of investigations into a recent sh63b pension scam.

Muhammad Ahmed Tarik, the general manager in charge of operations at the bank was freed after spending a night in custody.

The six bank officials were arrested on Tuesday in connection with the missing sh63b that was meant for pension workers of the former East African Community.

Tarik spent his Wednesday at the CID headquarters in Kibuli.

While there, detectives quizzed him on how the bank released the money to alleged ghost beneficiaries using forged signatures.

The five other bank employees who were arrested together with him were however denied bond and were consequently detained as investigations into their role in the money scam continued.

They are Ishaka Ssentongo, the compliance officer; Rahmah Mugeere, supervisor in charge of customer care; Grace Beinomugisha, the clerk in charge of data; Ismail Kizito and Abbey Kaddu, the authorizing officer.

Meanwhile, the commissioner for secondary education, John-Mary Agaba who was to appear before CID officials at Kibuli failed to turn up.

Agaba is wanted for questioning over the alleged embezzlement of $180m (about sh455b).

 His lawyer, David Paul Abigaba was required to write a statement to explain why his client could not turn up.

According to a letter signed by the director of Criminal Investigations and Intelligence directorate, Egesa Oduli, the education commissioner was scheduled to appear at the CID headquarters on Wednesday at 10am.

The letter was written to the permanent secretary of ministry of education and sports on September 24.

 

true
Ismail Kizito, Ishaka Ssentongo (C) and Abbey Kaddu, employees of Cairo International bank at the CID head office. PHOTO/Eddie ssejjoba


Under heat

From the letter, Agaba was asked to report with documents of accountability from schools where training was done under the first phase of the Universal Post Primary Education and Training.

Detectives also want him to avail the list of consultancy firms which were procured for training management committees under the UPPET/APL1-Phase1 and their contracts.

But the accused’s lawyer told the police that he was still in northern Uganda but it was not yet clear when he would be available for interrogation.

Agaba was required to avail the investigators with monitoring reports and accountability documents.

On July 20 2012, CID director Oduli wrote to the permanent secretary notifying him that police were investigating 18 cases of alleged corruption, embezzlement and abuse of office in the ministry.

He requested the permanent secretary to avail investigators with releases, monitoring reports and accountability for the 18 programs for the financial year 2002/2003 to 2010/20111.

The cases touch on programs including presidential pledges for the rehabilitation and building of primary schools, purchase of computers, solar equipment and science kits, school feeding program,  HIV/Aids books for northern Uganda and hardship allowances for primary teachers in hard-to reach areas.

The PS is required to avail police with the list of districts which benefited from the hardship allowances and their respective releases.

Other required documents touch on the procurement of Longman Dictionaries awarded to Kasozi, details of the releases for sh111m, which was awarded to Impact Associates, sanitation in primary schools, the girl-child program under TRACE from 2009 to date, among others.

PEN­SION SCAM: Bank of Uganda faulted for lax­ity, Cairo In­ter­na­tional Bank ad­mits wrong do­ing.

 

Dis­cussed in the Public Accounts Committee on July 7th, 2015

Home » Meet­ings » PEN­SION SCAM: Bank of Uganda faulted for lax­ity, Cairo In­ter­na­tional Bank ad­mits wrong do­ing.


7th July 2015

The Par­lia­men­tary Pub­lic Ac­counts Com­mit­tee (PAC) has faulted Cairo In­ter­na­tional Bank for fa­cil­i­tat­ing and abet­ting fraud in the Shs.165 bil­lion pen­sion scam and faulted Bank of Uganda for lax­ity in its reg­u­la­tory and su­per­vi­sory role.

The com­mit­tee, which is cur­rently prob­ing  the fi­nan­cial im­pro­pri­ety of the pen­sion fund in the min­istry of pub­lic ser­vice met with of­fi­cials from Bank of Uganda and the man­age­ment of Cairo In­ter­na­tional Bank to hear their in­volve­ment in the pen­sion scam.

In­ves­ti­ga­tions found that bank ac­counts were opened up in Cairo In­ter­na­tional Bank in the names of for­mer em­ploy­ees of the de­funct East African Com­mu­nity or their ben­e­fi­cia­ries and their re­spec­tive gra­tu­ity monies were chan­nelled to the ac­counts.

Mr Be­nard Sek­abira the di­rec­tor su­per­vi­sion, Bank of Uganda told the com­mit­tee that in Feb­ru­ary 2009, the cen­tral Bank is­sued a re­port to Cairo Bank de­tail­ing sev­eral ir­reg­u­lar­i­ties which did not com­ply with statu­tory in­stru­ment 46, 2010 KYC (Know your Cus­tomer) which re­quires that every bank must know their cus­tomer.

It was re­vealed that sev­eral ac­counts were opened with­out ad­e­quate doc­u­ments, there was no risk pro­fil­ing, cus­tomer’s thumb prints were not cap­tured and there was no due dili­gence car­ried out by the bank on its cus­tomers and tele­phone num­bers on the ac­count doc­u­ments were nonex­is­tent among sev­eral other ir­reg­u­lar­i­ties. The same ac­counts were used to siphon 165 bil­lion to ghost pen­sion­ers.

The com­mit­tee heard heart break­ing tes­ti­monies from pen­sion­ers of the de­funct East African Com­mu­nity and Uganda Rail­ways Cor­po­ra­tion, whose pho­tographs were used on fake ac­counts to with­draw money pur­port­edly as their pen­sion and gra­tu­ity.

Ob­ulo Og­wal 68 years old pen­sioner told PAC that on 1st Nov 2012, his pho­to­graph ap­peared in the news­pa­pers against the name Wandira Joseph Paul. Po­lice at Kibuli Po­lice sta­tion told him that 74 mil­lion was paid as his claim and yet he never re­ceived the money.

Pon­siano Odida (72), pen­sioner from Gulu while nar­rat­ing his or­deal said, “….but the mis­ery we the pen­sion­ers are hav­ing is very painful. We live in the hands of our chil­dren. It is very painful to see our only sources of money-pen­sion be­ing played with. My pho­to­graph ap­peared in the pa­pers un­der the name Loloviko. I was told that my shs. 81 mil­lion was paid to Loloviko. …Am a mis­er­able man, I live off my chil­dren.”

Mu­loki David (70) tes­ti­fied that his pho­to­graph was used to pay a one Sabi­iti John Cos­mas shs.89 mil­lion.

Jimmy Busulwa: (69) said shs. 75 mil­lion was paid to Han­ning­ton Basaj­jakambwe signed for by Mr. Saj­jabi, hav­ing told the bank that he was too old and too weak to come for the money.

The Act­ing Ex­ec­u­tive Di­rec­tor Cairo Bank Mr Osama Dar­wish ad­mit­ted to the in­volve­ment of the bank of­fi­cials but said they did so as in­di­vid­u­als and all this was done be­hind the man­age­men­t’s back.

When asked how such ac­counts could be opened with­out the knowl­edge of man­age­ment, and how huge sums of money were with­drawn based on sus­pi­cious with­drawal forms, the Man­ag­ing Di­rec­tor said he had no an­swers.

Mr. Osama how­ever said, “Ob­vi­ously there was a con­spir­acy in­volv­ing in­di­vid­u­als work­ing with the bank and of­fi­cials from Min­istry of Pub­lic ser­vice and un­til the po­lice in­ves­ti­ga­tions started top man­age­ment was not aware of the on­go­ing fraud but the in­di­vid­u­als have since been charged and their em­ploy­ment ter­mi­nated”

Mr. Osama nar­rated how Rahma and Sen­togo who were work­ing at the bank at the time had con­nived with Pe­ter Saj­jabi (rep­re­sent­ing the for­mer em­ploy­ees of the de­funct EAC) to with­draw mil­lions of money at a time us­ing forged sig­na­tures and ques­tion­able with­drawal slips

Hon Ababiku Woman MP Ababiku “Is­n’t Cairo bank part of the rot that is rob­bing peo­ple in this coun­try?”

Mr. Osama in re­sponse said that, “The scam was like a ham­mer on the head and we have since in­sti­tuted stronger in­ter­nal con­trol mea­sures, the qual­ity of staff and all mea­sures to ad­dress the gaps and com­ply­ing with the reg­u­la­tor Bank of Uganda es­pe­cially with the in­stru­ment KYC.”

The PAC chair­per­son Hon Al­ice Alaso said that, “Cairo In­ter­na­tional Bank de­lib­er­ately fa­cil­i­tated the pen­sion fraud by al­low­ing money to be si­phoned through their sys­tem and lead­ing to bil­lions of tax pay­er’s money be­ing to the lost.”

The Pub­lic Ac­counts Com­mit­tee also faulted Bank of Uganda for fail­ing to reg­u­late and su­per­vise com­mer­cial banks lead­ing to such cases of fraud.

Bank of Uganda de­fended it­self say­ing they did their role and took ac­tion against Cairo bank in­clud­ing down­grad­ing the bank and di­rect­ing it to ap­point a new board af­ter re­peated ir­reg­u­lar­i­ties and lapses and sub­ject­ing the new board and top man­age­ment to the BoU fit and proper as­sess­ment.

“Do you con­sider that the ac­tion taken by Bank of Uganda was ad­e­quate to avert this cri­sis be­yond di­rect­ing for the change of the board?” in­quired the PAC chair­per­son Hon Al­ice Alaso.

The deputy gov­er­nor Bank of Uganda, Dr. Louis Kasek­ende said that from the reg­u­la­tory point of view BOU can only strength the man­age­ment and con­trol of the board.

Hon Alaso” What is clear hear is that we can’t con­tinue lean­ing on BoU to pro­tect us. We have old pen­sion­ers whose money was taken be­cause of the lax­ity of the bank in car­ry­ing out its su­per­vi­sory and reg­u­la­tory man­date.”

Dr. Kasek­ende re­it­er­ated that Cairo bank only con­trols 0.6% of the mar­ket share and that BoU is sat­is­fied with the risk man­age­ment in the fi­nan­cial sec­tor as a whole and the cen­tral bank’s su­per­vi­sion and reg­u­la­tion should be com­mended. He asked that con­clu­sions should not be drawn sim­ply based on the ex­pe­ri­ence of Cairo Bank.

Dr. Kasek­ende, “We put in place an ef­fec­tive sys­tem in place that re­duces the risks but does not com­pletely wipe out the risks”

How­ever the com­mit­tee mem­bers noted with con­cern the fail­ure of bank of Uganda as a reg­u­la­tor to stem the loss of the pen­sion funds.

The com­mit­tee also is­sued sum­mons for Mr. Saj­jabi, Oloka, for­mer em­ploy­ees of Cairo bank Sen­tongo and Rahma and the for­mer PS min­istry of Pub­lic Ser­vice Jimmy Lwa­mafa to ap­pear and an­swer for their role in the fraud­u­lent trans­ac­tions.

 

A BRIEF SUMMARY OF THE PENSION SCAM

 

The Anti Corruption Court (located in Kololo, Kampala) finally delivered judgment for those accused of involvement in the pension case in which Shs 88.2 billion was stolen. The money is said to have been used to pay “ghost” pensioners.

THE ACCUSED AND NOW CONVICTED.
Lwamafa, the former ministry of public service permanent secretary, Obey, principal accountant and Kunsa, director research and development were on August 19, 2015, arraigned before court and charged with several counts in relation to the irregular budgeting of National Social Security Fund (NSSF) and misappropriation of sh88b allocated to it.


THE CHARGE AND ALLEGATION;
This case came four months after the collapse of the sh165b pension scam case. The case was dismissed for lack of prosecution evidence after it had stalled for one a half years without any witness being produced in court.
According to the charge sheet, the embezzlement, fraud, conspiracy, false accounting and diversion took place in two financial years, 2010/2011 and 2011/2012.
Briefly, the three accused were said to have masterminded a fraud scheme using an unapproved payment system ,in which they created ghost pensioner accounts , and then purportedly paid billions of shillings into these accounts, which money was eventually withdrawn by people who were part of this scheme. According to the State, the accused budgeted for NSSF, an item the ministry does not budget for and when the money was remitted, they diverted it to an unknown third party.

In his judgment Justice Lawrence Gidudu noted that the money was fraudulently paid to former employees of the defunct East African Community board. He also said that the sh88.2b was siphoned through a syndicate which was initiated at the ministry of public service, modified at the ministry of finance, perfected at the Bank of Uganda and executed by Cairo Bank.


JUDGMENT AND SENTENCING;
A judgment was made as result of a 15 months trial , In his judgment Justice Lawrence Gidudu exonerated the secretary to the Treasury Mr. Keith Muhakanizi who allegation of conspiraring with the accused had earlier been raised against too , this was because he had made it expressly clear to the accused prior to the loss of money which was allegedly reported stolen that the payment scheme was not approved and not efficient however the accused had gone ahead and used it to make payment to non existent individuals. The court received corporation from the office of the secretary of the Treasury and as such Mr. Keith Muhakanzi had written to court and the prosecution in regards to the case and his caution to the accused. The accused Christopher Obey was sentenced to 15 years , Mr Stephen Kiwanuka Kunsa was sentenced to 5 years and Jimmy Lwamafa was sentenced to 7 years they were also ordered to as well as to refund shs. 50 billion of the shs. 88.2 billion jointly.


APPEAL ;
In his judgment the honourable justice informed the accused of their right to appeal .
Under the Constitution, everyone not satisfied with a decision can chose to appeal it, however, such appeals should be made within 14 days. However, there are cases where Court may allow a person to make an appeal after 14 days, but the person should give good reasons as to why he/ she was not able to make the appeal within 14 days.