I need your mercy, Makubuya pleads with Museveni

LET THIS BE A LESSON TO ANY MUGANDA OUT THERE WHO IS STILL IN DENEIAL
YOU WILL BE USED AND THEN TOSSED AWAY………

Makubuya seeks Museveni’s pardon
By Prof. Khiddu Makubuya

Posted Wednesday, February 8 2012 at 00:00
In Summary

Letter. Below are the excerpts of the contents of Former Attorney General Prof. Khiddu Makubuya’s letter to President Museveni.

I wrote to Your Excellency reference on November 26, 2011. This was a brief on issues on which I had been summoned to testify before the Public Accounts Committee. I wrote this brief before I made a substantive appearance in PAC. I made two substantive appearances in PAC.

On my first appearance in PAC, I applied that my evidence be heard in camera. The Chairperson of PAC, Mr Kassiano Wadri, even without waiting to hear what other members had to say strongly opposed my application essentially insisting that the facts I was called to testify on were already in public realm.

He insisted that the high level correspondence I wanted to be secretive about were already in their possession, among others. He was supported by the rest of the members; overwhelming majority who were NRM members.
I was, therefore, constrained to testify in the open. The going proved rough and after some ineffectual threats the committee swore me in to testify on oath which did not change much. On its own motion the committee told the press to leave at some stage. I also declined to respond to one of the questions.

I outline the roles of the Attorney General and Solicitor General. PAC found these to be in issue. The power to process compensations is embedded in Article 119 and was also buttressed by Cabinet decision. The AG approving compensation arrangements did not violate accounting procedures.

It was lawful for the Solicitor General to act for and on behalf of the AG in specified situations. The mandate of the AG is elaborated in the judgment of Justice Kanyeihamba in Bank of Uganda versus Banco Arabe Espanol (civil Appeal No.1/2001).

The AG is a major clearing centre of government activities but his role, whatever language he may use, remains essentially advisory. The Okumu Ringa case (attached) clearly indicates that the AG is not a commander. My view is that if the Solicitor General receives advice from the AG to arrange compensation and she considers that the advice is irregular in certain material particulars, it is within her mandate to point out the irregularities and decline to effect the compensation. The AG is not he who must be obeyed.

In 2006, the AG advised the Electoral Commission that a prisoner on remand, charged with treason, misprison of treason and rape was disqualified from being nominated as a Presidential candidate. The EC ignored the advice and was supported in this act of defiance even in high government corridors of power.

One jumps the gun if the eyes first focus on compensation. The matter should begin with Kampala City Council deciding to give out management contract in the form of subleases to developers.

KCC publicised this policy and called for bidders. The above companies were successful bidders and they took possession of St. Balikuddembe Market a.k.a. Owino, Shauri Yako Market and Nakasero Market.

The traders in the markets objected in some cases, violently. Government rightly stepped in to restore order.

The formula was to kick out the developers and hand the markets to the traders or to government. The developers had put some money into the market project and expected to make profits for the duration of the subleases.

In all fairness, government undertook to pay them compensation. Compensation was proposed as part of a solution to disentangle KCC, the market traders and the developers. It was to buy out the interest of the developers.

It started off with an inter-ministerial technical committee. Part of its recommendations on St. Balikuddembe and Shauri Yako were mutually accepted by government and the developers.

The original committee recommendations on Nakasero Market and City Square were challenged by the developers with petition to the President.

Ultimately the President directed the methodology used to deal with M/S Rhino Investment that is Kisekka Market Ltd. be used to settle Nakasero Market and City Square claims.

In Summary

Letter. Below are the excerpts of the contents of Former Attorney General Prof. Khiddu Makubuya’s letter to President Museveni.

The Rhino methodology incorporates the principle that a developer, who is stopped from completing a construction project, should be compensated for legitimate business expectations, loss of prospective income, among others.
This principle is derived from international best practices in dealing with Construction-cum-investment projects. It was the basis of the monetary values recommended as compensation.

Some comments on the principal operator, Mr Hassan Basajjabalaba, are negative. Those who handled the compensation had no hand in the selection of the developer.

The acceptability of the developer was not in issue at the compensation stage. Political battles in Bushenyi District have been mentioned. Why should official work suffer over such matters?

A public argument between the President (Father of the nation and fountain of honour) and his humble subordinates and appointees…the Ministers should be avoided. The President has solutions and options which need not exacerbate the situation.

Recently, Presidential aide has mentioned that Your Excellency was aware of that the Haba Group claim was for upward adjustment. (Daily Monitor December 23, 2011) attached.

I must repeat that I am grateful to Your Excellency for having given me opportunities to learn some aspects of national leadership and for granting me various arenas for practice. I tried to make a contribution to the advancement of my county Uganda. Where I succeeded, may glory be to God. Where I was unsuccessful may I be considered for kindness and mercy.

CID after me
The Criminal Investigation Department has opened a file on me. The principal complainant against me was given as the AG. I am being investigated for alleged insubordination, abuse of office and causing financial loss.

I, as Khiddu Makubuya, am subject to the law of Uganda including the criminal law. There is nothing under the law of Uganda to bar my prosecution for the alleged offences named above or for any other offences.

However, other considerations may be called into play to have a complete picture. For example, it is practically unavoidable that the principal complainant will have to testify against me. One way of looking at it is that this will be Peter Nyombi testifying against common criminal Khiddu-Makubuya.

But more disturbingly, it is the incumbent AG testifying against his immediate predecessor in office. Some will indeed celebrate that big fish has been caught and, therefore, corruption is being effectively fought. The incumbent AG will have to subject himself to cross-examination at my trial. Some truths about the office may inevitably come out.

I will be put to my defence. Various truths on a number of things will definitely have to come out. This will be good news for open methods of work and the open society. But where does it leave the office of AG? And where does it leave certain transactions processed and sealed during my tenure as AG?

If the AG can be prosecuted by the State, and for official acts processed and sealed in that capacity, why should correspondents take that office seriously anymore? Why shouldn’t such acts be reopened and cross-checked? Some of the acts/transactions included:-

Transformation of Nile Hotel into Serena Hotel.

Loan Agreements between Uganda Government and International lenders the aggregate monetary value may run into millions of dollars.
The 12 or so agreements relating to Bujagali Dam.

In Summary

Letter. Below are the excerpts of the contents of Former Attorney General Prof. Khiddu Makubuya’s letter to President Museveni.

The work of the Committee on Prerogative of Mercy of which the AG is the Chairperson.

The work of the Judicial Service Commission where the AG is a mandatory member for some transactions.

This legal scenario is unprecedented in the Commonwealth. It is, therefore, not clear how it will play out.

I am sure the heavens will not fall because Khiddu-Makubuya former Attorney General is put on trial for official acts. However, there are some alternative precedents to go by. In Kenya, the Moi government set up a Commission of Inquiry into alleged activities of the former Kenya AG Charles Njonjo.

The commission was headed by Mr Justice Miller. Half-way through the proceedings, Mr Njonjo stood up and over the objections from his lawyers but with the approval of Mr Justice Miller, Mr Njonjo read a prepared text at the end of which the commission simply wound up without any formal findings and conclusions. Mr Charles Njonjo remains a respected senior citizen of Kenya while the office of AG grew from strength to strength.

The negative fallout from the current PAC, police and other inquiries into Khiddu-Makubuya could definitely be avoided with benefits to government and the country. I consider that Your Excellency is in position to provide appropriate guidance on this process.