City businessman and Company Director at Taifa Partners Limited, Asiimwe Emmanuel who is accused of forging and uttering false documents is in more trouble after the Inspector General of Government (IGG) quashed his complaint.
Troubled Asiimwe who has hitherto succeeded in employing all the tactics to delay prosecution at Buganda Road Court by hopping from one office to another with fictitious complaints against his business partners has now hit a snag.
Having appealed to the office of the Directorate of Public Prosecutions (DPP) twice with no merit, the businessman ran to the IGG’s office for solace.
However, after the government Ombudsman’s thorough investigations, it was discovered that the businessman has been in the habit of forging documents to which he was sternly warned to desist from the vice while executing company transactions.
In a very tough letter (which this publication accessed) dated July 16, 2024 and referenced fraudulent registration of powers of attorney by Uganda Registration Services Bureau, the URSB registrar, Solomon Muliisa who Asiimwe had previously alleged registered powers of attorney in favour of Assa Tumwesigye without the authorization of the company directors and shareholders is protected.
IGG investigations established that Assa Tumwesigye petitioned URSB in cause No. 21783 of 2023 for fraudulent and illegal revocation of his powers of attorney by Asiimwe.
In his ruling dated August 11, 2023, the registrar of companies Muliisa noted that Tumwesigye was granted powers of attorney to act on behalf of Taifa Partners which were registered on August 20, 2021 under instrument number G210831-4681.
Asiimwe illegally revoked the same through a resolution dated July 15, 2022 that had forged signatures of the company secretary Charles Okello.
The letter quashed Asiimwe’s counter allegations against Tumwesigye since he had never complained to URSB regarding the same prior to the petition.
To this effect, Tumwesigye’s powers of attorney were reinstated on the premise that they were illegally revoked through Asiimwe’s forgeries.
Steven Okiror who signed on behalf of the IGG goes on to educate that “following S. 19 (2) (a) (i) of the Inspectorate of Government Act, it is provided for that where the Inspectorate is satisfied that the complainant has at any material time had the right or opportunity of obtaining relief of redress by means of an application or representation to any executive authority the inspectorate may decline to conduct an investigation and accordingly inform the complainant in writing.
In view of the above, since Asiimwe’s claims were handled by URSB under the petition cause No 21783 of 2023 and he did not exercise his right to appeal, the inspectorate won’t entertain or investigate the complaint.
The purpose of this communication is to update and inform the complainant that the file is closed…….,” Okiror’s letter reads in part.
DPP THROWS OUT ASIIMWE’ 2ND COMPLAINT
In the letter dated June 27, 2024 and referenced Buganda Road Criminal Case No. CR-834/2003, CPS Kampala CRB 386/2023, Uganda Vs Asiimwe Emmanuel, the DPP insists that the evidence on the record shows that the questioned documents are all forgeries.
The evidence of Okello Charles that he did not sign any of the documents is vindicated by the report of the Forensic Document Examiner dated August 24, 2023.
“No meeting of Taifa Partners Ltd actually took place, so there could not be any resolution. The only person whose signature remains uncontested on the questioned documents is the accused. It is no wonder that the forged document actually conferred benefits to the accused.
The circumstantial evidence links the accused to the commission of the offences…” the letter partly discloses.
The Senior Assistant DPP, Oola Sam who signed the letter goes on to say that he returned the file to Buganda Road Court for further proceedings.
DELAYING TACTICS
While Asiimwe was probably waiting for the IGG’s response, he further delayed the court proceedings on July 1, 2024 by telling the Chief Magistrate – Buganda Road Court, His Worship Ronald Kayizzi that his lawyer was absent.
Having raised all the excuses to delay prosecution – ranging from appointing new lawyers every time the matter came up for hearing, feigning sickness (acute diarrhea), abscondment, traffic jam, this time around, he told court that his lawyer was away, attending to a patient.
The excuse sounded funny to the Chief Magistrate since Asiimwe had earlier presented to him different lawyers to which he inquired. “Mr. Asiimwe, which lawyer are you talking about?
While Asiimwe composed himself to tell the Chief Magistrate that his lawyer is Junior Kanyamuyenga, people in the courtroom looked at each other humming in disbelief.
His Worship Kayizzi who had earlier given him a last warning gave him a benefit of doubt and asked him for the period he deemed necessary to appear when he is ready to which Asiimwe asked for three weeks.
The Chief Magistrate set July 22, 2024 as a date for hearing and warned that once he appears with a new or no lawyer, he will be provided a state lawyer to offer pro bono services.
ALL PLANS FAIL
Asiimwe has now hit a dead end after the DPP threw out his second appeal.
The trick of buying time to pull out the file from Buganda Road Court back to DPP’s office for perusal did not work in his favour.
This was however not the first time; he was lodging baseless complaints to DPP. The complaints, similar in nature and presentation were earlier quashed by the DPP as it is witnessed in her letter to the Resident State Attorney at Buganda Road court in November last year.
Following the complaint by Asiimwe’s lawyers, M & K Advocates, on November 3rd, the Regional DPP Kampala Catherine Namakoye wrote to the Resident State Attorney, Buganda Road and advised the court to proceed.
“There is sufficient evidence on record to show that the contested documents were forged. There is a forensic report to that effect on record.
Since the matter is already in court and under hearing, the prosecution of the case should proceed to the logical conclusion. Let the court be given an opportunity to decide on the matter.
The file is hereby returned for your further handling…..,” Namakoye’s letter partly reads.The dissatisfied lawyers and the Accused who had hopes in the DPP and IGG’s office are now very disappointed and left with no other option apart from appealing to God.
