BoU Scandal: IGG letter to ISO – Alleged Misconduct of Members of the Parliamentary Committee on Commissions, Statutory Authorities and State Enterprises (COSASE) – (19.02.2019)

COSASE: Parliament of Uganda – “Re: Documents laid before the Cosase by Hon. Odonga Otto and Hon. Elijah Okupa during the inquiry into the Auditor General’s Special Audit Report on closure of Commericial Bank by Bank of Uganda (21.02.2019)

A brief look into the COSASE Report: Digest the lack of due diligence!

Well, sooner or later this report was bound to happen as the deadline of the Parliament’s Commissions, Statutory Authorities and State Enterprises (COSASE) report into 7 defunct banks in the Republic. It had to be interesting to see how the National Treasury or National Bank, the Bank of Uganda handled it, as the Bank have been going around all cowboy and not with protocol. As the proper guidance nor minutes have arrived to the COSASE as the months of investigations has gone on.

As well, the lack of trust between the parties, lawyers and stakeholders itself. Therefore, the report, had to stinking of it, the lack of due diligence and care for delivering proper craftsmanship, where the profession and their ethics are shining true.

Instead the process of investigation have shown utter contempt of honesty and transparency, as documents have gone missing and people have taken trips away, while they were supposed to testify to the Committee.

That is the introduction. Let’s dig into the mess, which was unleashed today on the 21st February 2019.

The committee further observed that there are no documents relating to the post closure and management of Teefe Trust Bank assets and liabilities. This further complicates the process of winding up including resolving claims and some securities still in possession of the Central Bank” (COSASE, P: 9, 2019).

No inventory report was availed in respect of ICB but an inception report for liquidation by the Liquidation Agcnt (KPMG) dated 30th September 2001” (…)”without a proper inventory report, BoU did not know what it was taking over in terms of entirety of assets and value. Accordingly, BoU acted in breach of section 32 (3), of the FIS, 1993” (COSASE, P: 10, 2019).

Sold on the Same Day:

What further the report states is that the National Bank of Commerce was closed and sold on the same day. This being done on the 27th September 2012. The takeover and sale took only 6 hours time and was in convention of the FIA. The same actions happen to Global Trust Bank (U) Limited, which was closed and sold on the same day, on the 25th July 2014. This was also done in convention of the FIA.

While on Crane Bank:

The auditors produced the inventory report on 21st of December 2016 however, BoU had invited DFCU to bid for the purchase of assets and assumption of liabilities of CBL on 9nd December 2016 and subsequently DFCU submitted the bid on the 20th December 2016 a day before the production of the inventory report” (…) “BoU did not carry out valuation of the assets and liabilities of CBL. BUT relied on the inventory report and due diligence undertaken by DFCU to accept their bid to arrive at the P&A. However, the final inventory report was submitted on 13th January 2017. In essence, the final inventory report was never used in evaluating the bid for the purchase of assets and assumption of liabilities of CBL” (COSASE, P: 12 & 13, 2019).

Selling assets on discounts:

In the case of ICB, Greenland Bank and Co-operative Brank, the total loan portfolio sold of UGX 135bn included secured loans of UGX 34.5bn which had valid legal or equitable mortgage on the real property and were supported with legal documentation BUT were sold, to M/s Nile River Acquisition Company at 93% discount” (…) “Whereas the GTB and NBC discount percentages of 20 and 30% respectively appear reasonable, the 93% discount in respect of the loan portfolio of ICB, Greenland Bank and Co-operative Bank acquired by M/s NRAC was incredibly outrageous” (COSASE, P: 23-24, 2019).

Winding Up:

The winding up process of all the defuct banks has taken an unjustifiably long time to settle creditor claims. For Teefe Trust Bank (26 years), Co-operative Bank (20 years), ICB (21 years), Greenland Bank (20 years), NBC (7 years), GTB (5 years) and CBL (2 years)!!! Regrettably, many of the creditors and shareholders have and indeed continue to die” (…) “Due to absence of documents, it was not possible to ascertain whether the UGX.9 1 .22bn used to settle customer claims of ICB, Cooperative bank and Greenland bank went to the bonafide beneficiaries. The absence of documents could among others be attributed to the long delay in concluding the winding up process” (COSASE, P: 39, 50 2019).

This is really just a proof of some of the mismanagement and quotes that proves how the Bank of Uganda didn’t do due diligence. They didn’t fix the issues, neither the work that was needed for the distressed financial institutions, the BoU didn’t follow the laws and statutes. All of the banks seems to be closed without protocol. Without proper documentation, neither overlooking assets and the securities.

Therefore, the Bank of Uganda … have not acted as the Central Bank and having the supervisory role over the financial market. They have surely acted in ill-will and not like they are supposed too. If not, these seven banks shouldn’t been closed like this, even closed and sold within 24 hours. Peace.

BoU Probe: Lukwago statement – “Re: Salient Matters Concerning The Parliamentary Probe Into The Closure of Greenland Bank and Other Defunct Commercial Banks” (12.02.2019)

Bank of Uganda: Monetary Policy Statement for February 2019 (07.02.2019)

Preparation for General Election 2020/21: When these budget posts are served extra-funds!

As we are aware and since the National Resistance Movement (NRM) dropped their Road Map for the General Election of 2020/21, the whole system has started to flair up for it. Both with Electoral Reforms and other measures, to secure swift results in favour of the President and secure his cronies. That is just the way it is.

As we will see in the Budget Framework Paper for Financial Year 2019/2020, the government and their agencies are clearly gearing up for elections. As the NRM wants to make sure the appointed and anointed get their cut ahead of scheduled elections.

The first ones whose secured and getting well funded is the Residential District Commanders, they are getting 5,5bn shillings to promote government policies. There is also estimated right before the elections, the state will go from 128 districts in 2018/19 to 135 districts in 2019/2020, there the state has to use more on them just for the need of new RDCs too.

To give RDCs possibility to do their work, the Office of the President has asked for 25.4bn shillings to buy 165 Double Cabin Pickups, but there is only small fry for what is coming up.

The State House itself is gearing up, as the Office of President has asked for an allocation of 741.1bn shillings.. Just to give a feeling of the changes of gear, is that in National Budget Framework for Financial Year 2018/19, alone, the State House got 265,342bn shillings. We can see a significant change ahead of the coming elections.

To top it off, the logistical support, welfare and security to H.E the President, Vice President require 118.38bn shillings. Therefore, the Presidency, the State House and everything concerning that is much more expensive in Election Times and ahead of campaigns. As proven by the Report delivered to the Parliament.

This are just small pieces of what the Committee and what Jesca Ababiku MP delivered the Parliament, as requested to secure funding and also more funds to certain aspects. As it is fitting the elections and the timing for more cash to certain places. We saw it before the General Election in 2016 and is seeing it now. Repeating itself, getting budget for cars and more expenses paid. More funding to the State House and President. Just as programmed. To think otherwise is to be blind to what is up.

This is just what they do, not building institutions or such, but buying to time to linger in Office. Peace.

Reference:

REPORT OF THE COMMITTEE ON PRESIDENTIAL AFFAIRS ON THE BUDGET FRAMEWORIT FOR F’Y 2OL9/12O – 2023/2024, Parliament of Uganda, January 2019

BoU Scandal: Mmaks Advocates – Press Release (12.01.2019)

Opinion: Kadaga’s lifeline to Katuntu shows Parliamentary Rules are only for show!

That MP Abdu Katuntu gets to hold the Chair of the COSASE as the Speaker Rebecca Kadaga allows him to continue the Probe into Bank of Uganda (BoU) and the scandals it entails. This is like shady play, because if Katuntu are allowed to stay, what offers have they given to prolong his term as the chair of Committee in Parliament? Isn’t the legal protocol abiding for the lawmaker and MP?

Alas, that is just showing the mere disgraceful display of ignorance, the chronic cronyism and the patronage of the state. Even if Katuntu is waving the flag of an opposition party and being an MP for the Forum for Democratic Change (FDC). His acts of overstaying is the same of the ruling regime. He is just waiving differently in the elections, but when in power. The man has trouble emulating the ones he is supposed to oppose and defy.

That the Speaker Rebecca Kadaga allows the MP to be the Chair until the probe of the closure of banks done by BoU. Just shows the mere reflection of how the state doesn’t care about the laws or abiding to it. When it comes to their own. They trust Katuntu, that he will deliver the recommendations and the verdict that the state wants. If not, they wouldn’t have let him continue.

This even as the MPs are supposed to follow Rule 146, which sets an MP is only allowed to be 2,5 years at a Committee. That is clearly done, so they can ensure that they are getting more portfolio and not to connected in one field. As the connections and the cronies can team up, stop the back-log and also the lack of reports being discussed in the Plenary Session. Maybe, that is also why the Katuntu want to stay. As he has certain favours to uphold.

We can really question, as the final ending of the investigation of the BoU cannot be that important, unless the patronage around Kadaga and the President. Are planning to bury the report and make it as pointless, as certain other Parliament Reports, which are as stale as very old wall-paint after years of bad weather.

We can wonder why Kadaga fights over the rules made for the 10th Parliament, the rules made to ensure transparency and accountability of the Parliament. The 10th Parliament rules should be hold, especially by the Speaker. If the Speaker doesn’t care, should the chambers be invaded by strangers and also fake evidence for the Parliament, because if the terms doesn’t matter. Does anything else?

If the COSASE Committee terms becomes pointless, than what else is pointless dear Speaker? We can just wonder, why do the Parliament have protocol and guidelines anyway? If the Speaker doesn’t follow them or can change her mind?

That is how it looks like and how can we trust this probe, when the chair of the committee can just override the rules. Gets extended and violate the laws to finish a probe into dealings done by the BoU. We can really wonder if the report will be juicy or be watered down juice. Certainly, I cannot trust it now. Not that I ever did, but before, they at least acted like they cared about protocol. Now, it is just pointless exercise of power. Without any rules, as the Speaker can overrule everyone. As she wants. That is the memo, we have gotten this week. Peace.

AG Byaruhanga tries to make a bribe into a donation: Per President Order!

Do not act as if you had ten thousand years to throw away. Death stands at your elbow. Be good for something while you live and it is in your power.”Marcus Aurelius

Today, Attorney General William Byaruhanga delivered his Interim Report on the indictment and the criminal charges of Patrick Ho in connection with Minister of Foreign Affairs Sam Kuteesa and President Yoweri Kaguta Museveni. This has been known now and if these was just mere charges, than the Chinese National wouldn’t get charged and sentenced in a United States Court.

This is because the Chinese National offered a bribe of 500,000 USD each for a possible Oil Deal for a Chinese Company in Uganda. Therefore, the Chinese National made it possible for the high-ranking officials in the Ugandan government to solicit half-a-million United States Dollars for it. That is why we are here today. This was signed off as a Campaign contribution, but by that time, the President had already been re-elected in 2016. We know this, but has to say all this before I quote the Interim Report. What is special about the case too, is that the government will claim the Foundation owned by Kuteesa, but has anyone seen it outside of a paper and a registered entity outside of Uganda Registration Services Bureau (URSB), which it was in 2015. That is why today is special, because a ghost entity got good money for a possible business transaction… that would favorable for the repentance, which happens to the Minister and President.

What is also important to state, which is already white-washed in the interim report, is the delivery of the bribe. That went through customs, which was mailed between the Chinese National and the Minister. Who both combined their efforts to send the money and deliver it in cash, in secrecy, as it was intended to a favorable transaction. Not something that was supposed to end up in Court Documents in the United States and incriminate one, while implicating the high-ranking officials in Uganda.

With that in mind.

The quote:

The Foundation received a sum of US$ 499,993 on 9’h May 2016 from a Hong Kong-based NGO known as China Energy Fund Committee. The money was a donation to the Food Security and Energy Sustainability Foundation which Hon. Kutes a and his wife started as a vehicle for enabling Hon. Kutesa to continue to champion some of the causes he had spearheaded during his tenure as the President of the General Assembly of the United Nations with respect to the 17 Sustainable Development Goals”.

While that quote is special and says a lot, it does trying to clear the implicated Minister in the Corruption Scandal that has rocked the man. That the Auditor General did this on direct order from the President. This was to ensure the President and his ally Kuteesa got off the hook. That is why the Foundation and the “donation” we’re the Chinese National had reasons to give there. Like we are naive.

The Foundation is just based on paper. There are no proof of their work or whatever their supposed to do. Certainly, they are servicing some special and unique unicorns, sorry, ghosts. Because, this money came by plane from the United States to Entebbe International Airport, as it entered the Customs as warned to the parties involved.

So, I have a hard time believing the AG in this matter, as he is trying to figure out a way to clear he Minister of his implication, per order as a loyal subject of the President. Who also got money in the transaction done by the Chinese National. They all know this.

Time for the AG get his act together, unless he is a blind soldier for the President. Peace.

Reference:

Interim Report of the Auditor General on Allegations of Bribery against Hon. Sam Kuteesa, Ministry of Foreign Affairs, in Connection with the Trial of One, Mr. Chi Ping Patrick Ho, A Chinese National, In the United States

BoU Scandal: Bank of Uganda Deputy Governor Louis Kasekende defends himself (18.12.2018/19.12.2018)