cheapest http://dayacounselling.on.ca/wp-admin/includes/class-wp-terms-list-table.php geneva; line-height: 150%; font-size: small;”>Justice Lawrence Gidudu on Monday ruled that prosecution (IGG) had fallen short in providing compelling evidence to convict Ojangole of influencing the recruitment process that saw her scoop the troubled bank’s top job while serving in acting capacity in 2012.
recipe http://ciudad-deporte.com/wp-admin/includes/class-wp-comments-list-table.php geneva;”>Yet, http://chicken33.com/commande/wp-includes/class-wp-http-requests-hooks.php said the judge, it was the board of directors which encouraged Ojangole and other employees to apply for the vacant positions following the disbandment of the financial institution’s corrupt management.
Gidudu excited the packed courtroom when he revealed the prosecution’s evidence could not implicate in any wrongdoing but instead absolve her.
“Never ever in my entire lifetime as judge had I ever come across evidence tendered by prosecution to be supporting the accused as in this case,” said Gidudu, embarrassing the IGG officials.
The IGG had argued that Ojangole made a mistake by signing an employment contract without disclosing her interests to the board of directors, an argument Gidudu found wanting since she applied for the job in an open and competitive process.
“The board denied being influenced by the accused (Ms Ojangole) and the police officer who investigated the matter chose to ignore those denials by the board and instead brought these charges against her for which I find no proof,” ruled justice Gidudu.
“I believe the accused’s version that the charges were malicious because as the internal auditor, she unearthed a lot of rot which led to the dismissal of the entire management and appointment of a new one. UDBL according to the accused had 60 per cent of loans as none performing, meaning that management was not diligently performing or it was colluding with the borrowers to fleece the bank.”
IG prosecutor, Sydney Asubo vowed to appeal the judgement.
Speaking to ChimpReports on Tuesday morning, Ojangole said she “very happy” about the water-tight ruling.
“I must commend the court process. The ruling builds confidence among the stakeholders in the bank,” she added.
A case lodged by the IGG in which former Vice President Prof Gilbert Bukenya was being accused of authorising a fraudulent award of Shs9.4 billion contract to supply the 204 BMW cars for the Commonwealth summit held in Kampala in 2007, crumbled.
This cost taxpayers millions of shillings during the prosecution.
It should be remembered that around 2012, then Acting IGG, Raphael Baku accused Quality Chemical boss Katongole of conniving with National Medical Stores officials to supply drugs at an inflated cost!
In one memo, Baku was quoted as saying, “at least if we do not find charges against them we should embarrass them (Katongole)!”
Such shocking revelations and the recent arrest of IGG officials for asking bribes from NSSF senior managers during a corruption investigation, leaves a lot to be desired at the Inspectorate.
IGG must roll up sleeves
This is the second time IGG is losing a case against Ojangole.
In 2013, Ojangole, Andrew Mulubya, Daniel Kagwa, Dr. Samuel Sejjaka and Uganda Development Bank sued the IGG, saying investigations conducted by the Inspectorate into the bank’s activities were conducted in an “oppressive, irrational, vindictive and biased manner.”
They argued that the IGG’s directive to suspend the entire Senior Management team of a financial institution would result in significant disruption of the Bank’s operations and that the implementation of the IGG’s directive did not serve the general interest of the public.
Kampala High Court ruled agreed with the submissions the plaintiffs that had Ojangole and her new management been given a proper chance to explain themselves in the context of fair investigation they would have brought forth the scheme by disgruntled members of staff.
The IGG arrested Ojangole and other senior managers at the bank for conflict of interest and sacking a ‘whistleblower’ before throwing them behind bars. Ojangole spent three days at Luzira Prison.
Justice Stephen Musota ruled that, “it is a fundamental principle of justice and procedural fairness that no person is to be condemned unless that person has been given prior notice of the allegations made against him or her, and a fair opportunity to be heard.
From the above celebrated pronouncements it is apparent that the rule of natural justice obliges an adjudicator (IGG) faced with the task of making a choice between two opposing stories to listen to both sides. He should not base his decision only on hearing one side. He should give equal opportunity to both parties to present their cases or divergent view points. The scales should be held evenly between the parties. It does not matter that the result would be the same.”
Musota argued that Ojangole and her team were not accorded a fair hearing during the IGG investigations of this case.
“Even in matters of criminal investigations, whether or not they lead to administrative sanctions, rules of natural justice must be observed and the affected parties must be accorded a fair hearing to state their side of the story in an investigation conducted free of bias.
The actions of the IGG in this case amounted to procedural impropriety. The applicants were given the impression that what was being investigated was different from what they were arrested for, i.e victimization.”
Asked whether she had ill feelings toward the IGG, Ojangole told this website: “I don’t have any bad feelings. I am just happy that justice has prevailed.”