MAKINDYE —Makindye Magistrates Court has acquitted four individuals who were facing charges of fraudulent procurement of title on NSSF land.
The four, Bogere Moses, Lubowa Muhammad Kityo, Namanya Betty, Nakanwagi Daphine, and Onyango Patrick, were accused of fraudulently procuring a certificate of title for land comprised in FRV WAK 6104 Folio 24 Block 269 plots 3234-3240, which belongs to the National Social Security Fund.
The prosecution alleged that the accused committed the offense between 2015 and 2019 in different places in Wakiso district. Onyango Patrick was specifically accused of assisting the other four to fraudulently procure the certificate of title by falsely creating a Job Record Jacket file without following the requisite procedure.
The accused denied the charges, and the hearing commenced with the prosecution producing nine witnesses. However, the court found the prosecution’s evidence to be manifestly unreliable, with numerous contradictions and inconsistencies.
In his ruling, His Worship Arinaitwe Elisha, the trial grade one Magistrate, noted that the prosecution’s evidence was tainted with suspicion due to the contradictions and inconsistencies. He cited the case of Woolmington V DPP 1935 AC 462, which has been adopted by all courts practicing common law, and resolved the doubt in favor of the accused persons.
The magistrate stated that the mode of recovery of documents, mode of custody of evidence, specifically the expert’s report, and inconsistencies in the evidence of witnesses caused them to lose credibility in the eyes of the court. He also noted that the failure to examine the documents uploaded on the system as against sample signatures and stamps was a turning point in the case.
Considering the circumstances, the court found no case against the accused persons and acquitted them forthwith.
Background
The legal battle between NSSF and the accused started in 2015 when they applied for the issuance of a certificate of title, which was later issued in 2019. However, in January 2020, the Commissioner of Land Registration canceled the title, leading to a court case filed by the accused against the Registrar’s decision. The High Court ruled in favor of the accused, quashing the decision and ordering the Registrar to restore their title.
After the titles were reinstated, NSSF petitioned the Anti-Corruption Unit, alleging that the titles were fraudulently issued on their land. The accused were then charged with fraudulently obtaining land titles, forgery, uttering false documents, and conspiracy to commit a felony.
In 2021, the accused were charged with fresh charges, and in July 2022, the charge sheet was amended to include civil servants from Wakiso District. However, the DPP later dropped charges against the new accused persons, who then acted as prosecution witnesses in the case.
The case was disposed of on Wednesday, April 17, 2024, with the acquittal of the four accused persons.
