By Spy Uganda
Former Trade Ministry Permanent Secretary Geraldine Ssali on Thursday re-appeared before the Anti-Corruption Court in a case that has, for months, oscillated between legal technicalities, procedural delays and constitutional challenges. However, proceedings could not go on.
Presiding Principal Grade One Magistrate Paul Mujuni informed court that the Assistant Registrar was away on official duties at the High Court to mark the opening of the new law year, rendering the court unable to proceed with the matter that had been fixed for mention.
Defence lawyer Ms Musimeta, appearing for Ssali’s co-accused MP Michael Mawanda and holding brief for the other accused persons, told court that the case had come up for mention but noted that the prosecution was not present.
“I appear for Accused One and also hold brief for Accused Two, Three, Four, Five and Six. This matter is coming up for mention. For the record, the state is not present,” she submitted. She prayed that the matter be deferred due to the court’s inability to proceed and requested that bail for all accused persons be extended.
“In view of the court being indisposed, we pray that the matter be adjourned and bail extended,” she added.
Magistrate Mujuni granted the request, adjourned the case to April 15 and extended bail for all the accused persons.
The case is currently in limbo pending the hearing and determination of a constitutional application filed by the accused persons against the Attorney General, alleging violations of their fundamental human rights in the manner the investigations and prosecution were conducted. Until the Constitutional Court determines that application, the Anti-Corruption Court cannot proceed substantively with the criminal trial.
Ssali is jointly charged with Members of Parliament Michael Mawanda, Ignatius Mudimi Wamakuyu and Paul Akamba, alongside lawyer Julius Taitankoko Kirya and principal cooperative officer Leonard Kavundira.
They are battling charges arising from the alleged irregular disbursement and mismanagement of Shs3.8 billion under the Trade Ministry.
The Genesis Of Ssali’s Troubles
Ssali’s woes date back to her tenure as Permanent Secretary at the Ministry of Trade, Industry and Cooperatives, where she was the accounting officer.
Investigations by the State House Anti-Corruption Unit, working together with the Criminal Investigations Directorate and the Office of the Director of Public Prosecutions, unearthed what investigators described as a web of irregular payments, questionable procurement processes and alleged kickbacks linked to cooperative societies’ funds.
At the centre of the storm was the alleged diversion and irregular release of billions of shillings meant to support cooperative unions across the country.
Prosecutors contend that funds were processed and paid out in circumstances that violated public finance management procedures, with some of the beneficiary entities reportedly lacking proper documentation and legal standing to receive the money.
The matter attracted national attention after reports emerged suggesting that some of the funds were allegedly channeled through politically connected individuals and entities, drawing in serving Members of Parliament and private legal practitioners.
Criminal Summons And Arrests
In 2024, criminal summons were issued against Ssali and her co-accused after the DPP sanctioned charges related to causing financial loss, abuse of office and conspiracy to defraud government.
The case was later filed before the Anti-Corruption Court, where the accused were granted bail.
Since then, the matter has been characterized by repeated mentions, adjournments and preliminary legal objections, including challenges to the legality of the investigations and the manner in which evidence was obtained.
Constitutional Challenge Slows Trial
The defence team filed a constitutional petition arguing that their clients’ rights were infringed during arrest, interrogation and the collection of evidence.
They argue that unless the Constitutional Court pronounces itself on those issues, proceeding with the trial would amount to endorsing unconstitutional processes. This petition effectively froze substantive hearing of the criminal case.
A Case Caught Between Courts
As it stands, the Anti-Corruption Court is unable to hear witnesses or proceed to trial until the Constitutional Court disposes of the human rights application.
This has left the case in a procedural holding pattern, with the accused repeatedly returning to court for mentions where bail is extended and fresh dates are given.
For Ssali, once a powerful technocrat at the helm of a key ministry, the courtroom appearances have become a recurring feature as the legal battle over the Shs3.8 billion saga drags on without a full hearing in sight.
