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EVIDENCE: Akullo Authored Report Exonerating Shs169bn Pension Scam Culprits  

Uganda cardiologist Dr Agrey Kiyingi has told an Australian television that he is set to return to Uganda in July this year.

Kiyingi said nonetheless, decease that he fears he could be killed instantly once he steps his foot in his home country, out of which he has lived for more than 30 years.

Dr Kiyingi is wanted by the Ugandan government for alleged charges of terrorism. He was linked by the Inspector of Police Gen Kale Kayihura, to the recent spate of murders of Muslim clerics, as well as funding a rebel group the Allied Democratic Forces.

In 2005, Dr Kiyingi was accused of basing in Australia to organize the murder his first wife Robina, an outspoken lawyer and activist, but was tried acquitted of the charges. Government is reportedly trying to appeal the case and have the murder charges reinstated.

Court recently issued criminal summons on the surgeon, but he told the Australian Lateline Television that he was yet to receive the summons. He once again dismissed as rubbish, the murder and treason charges held against him.

Dr Kiyingi said he will be returning to take part in preparations for his 2016 presidential campaigns bid. He told the television that he has currently about 5 million supporters in Uganda.

According to Gen Kayihura, Uganda is talks with Sydney to have Dr Kiyingi extradited to answer to his charges.

But the surgeon told the television channel that he could not guarantee his safety once that happened.


One Joseph Kikonyogo, a lecturer at the University of Melbourne in the same country stressed that the Ugandan government, with her history of crushing opposition forces, must not be trusted with the safety of Dr Kiyingi.

He suggests that arrangements should be made to have him tried in Australia.

But Dr Kiyingi insisted he would still return home come July, and exercise his constitutional right to stand for presidency of his country.

“But if Mr. Museveni persists in trying to cut my head off; I can predict that there will be a peoples uprising,” he warmed.
The Director Criminal Investigations and Intelligence Directorate (CIID), site Grace Akullo, personally participated in the drafting and endorsement of the ‘second’ investigation report into the pension scam which largely exonerated the main suspects in the fraud that cost the taxpayer a staggering Shs169bn, ChimpReports can reveal.

In Akullo’s interview with Daily Monitor published on Wednesday, she claims the controversial second report was a handiwork of two detectives whom she said were bribed by some of the key suspects to jeopardize the investigations.

Ms Akullo, according to the newspaper, identified the detectives as Mr George Komurubuga and Mr Moses Kato.

She said the duo, without her knowledge, wrote a second investigation report which contradicted the official report she had signed off, and submitted to the DPP.

Akullo further said the compromised detectives wrote the second report “in order to account for the money they had received from the suspects.”

The CIID boss said the operatives have since “deserted office” at CIID.

ChimpReports which has been following the case is in possession of an authentic cover letter authored by Akullo dated October 31, 2014 under the title; “Forwarding a report on alleged causing financial loss to tune of UGX 165bn, abuse of office and conspiracy to defraud by the officials of MOPS (Ministry of Public Service), Peter Ssajjabi and Cairo International Bank Vide CIID headquarters E/003/2013.”

In her letter addressed to the DPP, Mike Chibita, Public Service Minister, Henry Kajura, Police Chief, Gen Kale Kayihura, IGG Irene Mulyagonja and Okoth Ochola, Akullo wrote: “As you are aware, since 2012 CIID has been investigating the alleged mismanagement of pension funds.”

“Questioned documents were forwarded to the handwriting expert for forensic analysis and a report is still pending and shall be forwarded in due course,” she added.

“This is to forward a copy of the report for your information and further management of the case.”

It remains unclear why Akullo is not taking full responsibility for the collapse of the entire case.

Akullo's letter forwarding the second report to Kayihura and other top government officials in October lat year
Akullo’s letter forwarding the second report to Kayihura and other top government officials in October lat year


However, well placed sources at CIID say she fears an imminent reshuffle of the investigative body’s top leadership in which she is expected to be removed from the top position.

Reports that the Shs169bn pension case had collapsed angered President Museveni who is said to be looking at disbanding the entire leadership of the CIID.

It should also be noted that Akullo on January 22, 2015, directed Police spokesperson, Fred Enanga to defend the second report.

Enanga, after speaking to Akullo described the second report in a telephone interview with ChimpReports as “inclusive” and “more detailed”.

He denied allegations that it would lead to the exoneration of the suspects in the multi-billion fraud that shocked and angered the nation.

“At the end of the investigation, all details were provided to the DPP. If there are any problems, they can be resolved. The new report includes fresh evidence against new suspects who were not included in the first case,” said Enanga.

DPP shocked

Yet, when this police report reached the office of Solicitor General, officials were shocked to realise that crucial evidence which had been tendered in an earlier report on the same case were missing.

“Upon reading the said report we realise that it departs in material respects from the earlier report prepared by police,” wrote J Atwine on behalf of the Solicitor General to Barbara Kawuma Bugembe, a senior State Attorney, Anti Corruption Court Section.

Eventually, the case was thrown out as the DPP lacked concrete evidence to prosecute suspects in the scam.

Police in 2012 arrested Cairo International Bank bosses and Public Service Ministry officials for being part of a scheme where ghost pensioners were created and billions of shillings deposited on their accounts before being withdrawn by fraudsters.

The suspects included CIB general manager operations, Muhammad Ahmad Tarek; his assistant, Ishaka Ssentongo and compliance officer, Rahmah Mugeere.

Others were Grace Beinomugisha (head of customer care); Ismail Kizito and Abbey Kaddu, the authorizing officer.

In the Public service, Permanent Secretary Jimmy Lwamafa and Principal Accountant Christopher Obey, Kiwanuka Kunsa, David Oloka, Francis Lubega and Stephen Lwanga were temporarily held for embezzlement, neglect of duty, abuse of office and causing financial loss.

How it started

The Pension case was first registered in court on January 29, 2013.

At the beginning of the investigations, it was discovered that some elements in the Ministry of Public Service had created ghost pensioners and were therefore charged in court.

It is understood that a one Marion, an official at the Anti-corruption Court and representative of DPP, swore an affidavit in support of the DPP’s action to charge Cairo International Bank in the criminal count.

They also summoned a detective identified as Komurubuga, who oversaw this investigation, to swear an affidavit in support of the investigation report which the DPP had relied on to prosecute the suspects.

The affidavits of Marion and Komurubuga were meant to provide more support to the defence of Attorney General to counter the suit by Cairo Bank which is challenging the prosecution of financial institution’s senior managers.

Cairo Bank lawyers, having seen the affidavits, made a response in court opposing the affidavits especially the one made by Komurubuga.

The bank’s lawyer MacDusman W. Kabega argued that Akullo had promised to give the bank lawyers a fresh report which would be used in court not the old one. Lawyers prayed to court to ignore Komurubuga’s report since a new report would be issued by a senior officer to water down the case.

But prosecution went ahead with the probe in which CIID has been sharing their findings with the DPP.

Ghost pensioner suspects were then eventually charged in court.

Evidence showed that Cairo Bank was heavily involved in fraud before being added to the charge sheet which was amended by the DPP.

Sue Lange, a magistrate at the Anti-corruption court issued criminal summons to the bank officials.

Kabega represented the bank but refused to take plea until he widely consulted.

Within in two weeks, Kabega maneuvered and went to the High Court presided over by Justice Kabiito before suing the Attorney General is his representative capacity, arguing the DPP had maliciously and irregularly charged Cairo International Bank officials.

He secured a court order and went to the magistrate’s anti-corruption court where he requested the stay of prosecution of the case until proceedings in the High Court were disposed off. That was around July 2014.


The Attorney General, Peter Nyombi was then forced to file a defence. He sought audience with the DPP.

Nyombi opposed Kabega’s submission, saying the lawyers of the bank had no moral authority since they don’t represent CIID and no write up had been made to confirm this.

Cairo bank lawyers then convinced Justice Kabiito that a fresh report was to be issued and prayed for some ample time for the report to come.

This delay from July to October 2014 was then used to “produce” a new report by CIID.

On October 31, the new report was signed by Akullo and on the same day, Tom Magezi, a lawyer from Kabega’s law firm which represents the bank swore an affidavit claiming that he had come across a report by the Director CIID which he said “heavily impacted” on his application suing government.

“I deemed it vital and necessary as my duty to bring it to the court’s attention and hereby do so,” reads Magezi’s affidavit in part.

Those who have been following the case have been wondering whether Magezi met the ‘second’ report walking on the streets.

Attorney General opposed this submission, saying the lawyer was not the right authority to submit the report since he was not the CIID official and neither was he a representative.

The unanswered questions on Akullo’s second report:

Perusal of the second report does not mention first report or even make explanation why they contradict each other. What was the intention of the second report?

How did police find its way to the hands of defence?

On reading the second report, it is massively edited to exonerate the bank and putting blame on low key employees. Who might have drafted it?

In the second report on page 51, police even go as far as almost giving DPP instructions on how to handle the bank.

Yet it’s the DPP who gives instructions to police and not the other way round.

Some of the investigators mentioned in the second report were not even aware of this second report yet their names are put there as having participated in the compiling of the report.


Is Cairo Bank innocent?

It should be remembered that all the ghost pensioners created had their accounts opened in Cairo Bank.

All the applicants were not subjected to the due diligence process and ‘know your customer’ process as the Bank of Uganda policy. Why?

All the 1,018 accounts were opened with zero balance!

The bank charged 2 percent surcharge on each ghost account and shs150, 000 which was illegal as confirmed by Bank of Uganda.

All the accounts were all withdrawn to zero balance.

Cairo Bank did not even profile East Africa Community Beneficiary Association to establish its legality and membership, since all ghosts were allegedly members of the association.

The bank records recovered showed there were letters purporting to give one Ssajjabi authority to withdraw all the money for all the ghost but the same bank records had withdrawal forms pre-signed by the account holders giving the impression that they were physically in the bank whereas not. The bank failed to explain this anomaly.

It should also be understood that introduction letters introducing the ghosts to the bank were dated longer after the money had been credited on accounts, meaning the accounts were opened before.

The first police report from page 39 onwards strongly advises on charging the bank as an institution for its active participation in the pension scam.

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