KAMPALA – Five justices of the Supreme Court are set to deliver the judgment on notice in an appeal in which former Managing Director of National Social Security Fund (NSSF) David Chandi Jamwa is challenging his conviction and a 12-year-jail term.
The panel led by Dr Esther Kisaakye on Thursday 18 heard that the three justices of Court of Appeal failed to re-evaluate the evidence that was tendered at the trial against Jamwa.
Other justices are; Jotham Tumwesigye, Eldad Mwangusya, Lillian Tibatemwa, Paul Mugamba
Mr Jamwa through his lawyer Mr David Mpanga, has told the court that he was dissatisfied with the decision of the justices of Court of Appeal; Rubby Opio Aweri and Kenneth Kakuru of upholding and confirming the Anti-corruption Court conviction and sentence.
Mr Mpanga told the court his client was also aggrieved with the two justices’ decision of re-evaluating evidence from the Anti-corruption court, convicting him of abuse of office and thus sentencing him to serve a four-year jail term in Luzira prison.
Court heard that there is evidence on record of prosecution witnesses testifying that Jamwa acted with the knowledge and approval of the Board and Minister when he mandated the sale of the bonds to Crane Bank Limited.
Mr Mpanga told court that the fund gained profit by way of interest income and this was known to the appellant (Jamwa) and to all members of management, Board and the Minister, otherwise, they would not have authorized the sale of the bonds.
Mr Mpanga also raised a query about the judgment that was delivered by Justice Kakuru Kakuru of the Court of Appeal.
“Three years later at the time the judgment delivered, justice Aweri who was on the panel had been promoted to the Supreme Court while Kavuma had retired leaving. This leaves the judgment being signed by two justices in 2015 which leaves one wondering, why?”. Mr Mpanga submitted.
To quench away his fears prosecutions Rogers Kinobe said that the judgment held signatures of two judges who were amongst the panelist hence the decision constituted majority decision without the need for having the signature or input of the dissenting judge.
Mr Kinobe further stated that if the disposal of the bonds had gone through the Management Investment Committee, NSSF, they were bound to reject the Crane Bank’s offer.
The IGG contended that between September and November 2007 in Kampala, Jamwa being a person employed in a public body, NSSF in the capacity of managing director, in his performance of duties sold off several government bonds held by NSSF before their maturity dates to Crane Bank at prices below their then discounted value thereby causing an unfavourable price variance of UGX 3.1 billion.