KAMPALA– Buganda Road Chief Magistrate Ronald Kayizzi, has declined to accept the bank statement dated 27 Sept 2023, which was submitted in Court by the Prosecution in the matter where Businessman Emmanuel Asiimwe is acused of forging powers of Attorney for Taifa Partners a company which was had been awarded a contract to design, supply, and install silos for the Uganda Prisons Services at a cost of 13 billion shillings.
Through Nanduttu Jackline, from Stanbic Corporate section Manager, at Crested Towers Branch, the prosecution submitted a number of exhibit documents from the bank including the statement which was rejected by court.
“Court order in this particular case was brought in by Detective Inspector of Police on 23rd Sept 2023, Upon receipt I handed it to legal department has a duty to verify authenticate them. It requested for Specimen photo, account detail, bank statement for 1st December 2023 to 23 Sept 2024 when the order was issued.”
The documents tendered in court included: The Court order, the resolutions, Application to open bank account number 9030020458282 under Taifa Partners Limited with all particulars of the account holder.
Cross examination
When cross examined , Nanduttu told Court that the Court order on which she based on to provide the above information,was addressed to Stanbic bank Mapeera Branch which she clarified in court that is non existent.
Stanley Oketcho one of the Defence, asked Court to order the witness to Swear an affidavit in relation to her testimony because it creates a lot of questions which they may need to be answered any time. Court declined to grant this application on grounds that she was already on oath.
Having cited out that there might be some irregularities in the manner through personal account information was issued out, the lawyers threatened to involve the Bank of Uganda, the regulator of all banks in the country. “We need to go to bank of uganda because they are is unlawful release of information.”
Nanduttu told Court that the account in question was opened up in May 2022 at Garden City Branch where she wasn’t employed by then and none of the account opening documents tendered in court was submitted to her.
“It’s expected that Emmanuel Asiimwe could delivered these documents during account opening because he is the share holder in the company.”
On why she thought so when the account was for a company, she noted that a company can’t deliver documents, but the individuals operating it can do so. “I didn’t witness these documents being submitted.” She told Court
Nanduttu also told court, according the bank statement she had brought in court, on 4th August 2022, the account was credited with 569 million shillings from Joseph Kamusiime and some other transactions by a one Pamella Akankwasa.
It was Nanduttu’s evidence that she never saw the accused forging documents , neither did she posses the knowledge expertise in examining handwriting.
The State Prosecution , Ivan Kyazze informed court that they had no more questions for re-examination and formally closed their case
Defence, asked Court to provide them with certified copies of proceedings for this case as they prepare for their submissions, but the trial Magistrate told the that it was not possible because his secretary is on official leave and she is expected to return towards the end of next month which may pro long the hearing of the matter.
However the Chief Magistrate, asked them to formally request to be given an opportunity to look through hand written notes with the presence of two guards.
Court has ordered the Prosecution to submit their submissions on 21st August and 27 August 2025 to deliver a ruling on no case the answer.
The resolution was purported to have been signed by Charles Okello, the then-company secretary, but was not. Additionally, Asiimwe is accused of forging another special resolution dated April 27th, 2022, purporting that he had been appointed the sole signatory to the company’s account at I&M Bank in Kampala, and that it had been approved by Charles Okello.
