By Julius Mugaga Tukacungurwa/Umoja Standard.
NATIONAL: On 6th, June, 2022, Volunteer Uganda Extra Limited through its Lawyer from Hills Advocates and Solicitors complained to the Directorate of Public Prosecutions (DPP) over a reported a case of forgery of academic documents against their client (Bruce Tushabe Nzabanita- President of volunteer Uganda Extra Limited) at Masaka Central Police Station where he recorded a statement.
The file was immediately taken to Regional DPP greater Masaka for sanctioning without the input of Resident State Attorney.
Bruce Tushabe Nzabanita- President of volunteer Uganda Extra Limited (in yellow) Greets President Museveni at one of the events in Masaka sometime back.
Their client (Bruce Tushabe) upon realizing the irregularities and mishandling of the file, made a complaint to the IGG about mishandling of file and abuse of Office and the IGG Masaka wrote to Regional DPP requesting for a Certified Copy of the same file which she surrendered and instead of handling the matter, the file was sent to the Office of DPP Kampala to be worked on, a conduct that is considered prejudicial to the core Mandate of IGG.
It is said that when the complainant realized the file on forgery of academic documents had been forwarded to head Office, she quickly filed malicious charges of offensive communication/cyber harassment Vide MSK CRB/203/2022, which charge/file was supersonically handled without sufficient evidence, sanctioned and their client was brutally arrested using flying squad as if he was a dangerous high-profile criminal moreover on misdemeanor charges.
It is against this background that Volunteer Uganda sought President Museveni’s intervention to clarify whether Justine Nameere is truly a Presidential advisor and if yes, why use her position to torture other people and to caution his institutions which have not done much to help Ugandams.
Bruce Tushabe Nzabanita- President of volunteer Uganda Extra Limited (VUEL).
Here is the first ever complaint that was never handled;
Tax and Legal Consultants,
Intellectual Property Attorneys, Company Secretaries,
Investments & Property Consultants.
Plot 77 Buganda Rd
Kimujo House, 1st Floor
P.O Box 101811 Kampala, Uganda
HILLS ADVOCATES & SOLICITORS
Ref: HAS/GEN/06.06.2022 6″ June 2022.
The Office of Director of Public Prosecutions
Kampala.
Attn: Lady Justice Jane Frances Abodo
RE: COMPLAINT VIDE MASAKA CRB 124/2022 & CRB 203/2022
The above captioned subject matter refers;
We act for and on behalf of TUSHABE BRUCE NZABANITA herein referred to as our client on his instructions we address as hereunder;
- That the complainant in the above files is one by names of Namere Justine the Senior Presidential Advisor in Greater Masaka.
- That our client is the executive/head VOLUNTEER UGANDA EXTRA LTD which is a dully incorporated body under the laws of Uganda operating within Uganda, encapsulated with the mandate of protecting human rights, fighting corruption, ensuring transparency and accountability of public funds, Legal protection, and rule of law.
- That the complainant reported a case of forgery of academic documents against our client at Masaka Central Police Station where he recorded a statement. The file straight away from Police was taken to Regional DPP greater Masaka for sanctioning without the input of Resident State Attorney.
- That our client upon realizing the irregularities and mishandling of the file, made a complaint to the IGG about mishandling of file and abuse of Office.
- That the IGG Masaka wrote to Regional DPP requesting for a Certified Copy of the same file which she surrendered and instead of handling the matter, the file was sent to the Office of DPP Kampala to be worked on, a conduct that is considered prejudicial to the core Mandate of IGG.
- That when the complainant realized that the file on forgery of academic documents had been forwarded to head Office, she quickly filed malicious charges of offensive communication/cyber harassment Vide MSK CRB/203/2022, which charge/file was supersonically handled without sufficient evidence, sanctioned and our client was brutally arrested using flying squad as if he was a dangerous high-profile criminal moreover on misdemeanour charges.
- That our client was detained at Masaka Police Post from gt April 2022 – 11™ April 2022 without being informed what the charges were, and no police bond which was beyond the 48 hours constitutionally established rule. He was later was taken to court and remanded by the Chief Magistrate Masaka from 11, April 2022 up to 29 April 2022 after his Bail Application and was further remanded.
- That our client through his former Lawyers, further applied for Court bail which was rejected by the Chief magistrate and further remanded and re-allocated the file to the Magistrate Grade | who eventually granted our client bail on 30% May 2022 when he was already 49 (Forty-nine) days on remand almost close & precisely remaining with only 11 days to clock 60 mandatory days constitutionally mandated for automatic bail.
- Those institutions in the criminal justice system like the Uganda Police Force and Uganda Prisons Masaka were unduly influenced by the complainant so as to lend a hand in torturing our client and fighting his right to bail. This is reflected by a letter written by the OC prisons addressed to the Chief magistrate Masaka piling a lot of Malicious allegations against the Accused in order to create bias in Courts decision on bail which was considered in his denial of bail. This also reflected by the Officer of Police Swearing a malicious affidavit all intended to deny our client Bail. (Copies of the letter written by OC prisons to court is attached as “A.1” and the Affidavit of a police officer is attached as “A.2”).
- That our client through his former Lawyers made a complaint on 11″ of April 2022 and addressed it to both Resident State Attorney Masaka and Regional DPP Masaka about the anomalies to be addressed but both neglected him which put the rights of our client at a crossroad. (A copy of the complaint referenced SCA/11/006 is attached for ease of reference and marked “B”).
11.That when our client failed to get help from the above Offices, while on remand at Masaka Prisons through his former Lawyers wrote a complaint dated 12″ April 2022, Referenced SCA/12/004 addressed to the Office of DPP complaint desk about the same specific issues as in the earlier Complaint. Surprisingly and quite unusual to our client, despite having received, it was shelved and there is no reply up today for reasons not known by our client but best known by the aforementioned offices. (A copy of the complaint is hereto attached and marked “C”).
My Lord it should be brought to your attention that the complainant is allegedly using her Office to influence every Officer and all institutions involved in criminal justice to perpetrate a witch hunt, torture, mistreatment, and all form of injustice against our client with keen intentions to perpetuate her vendetta against our client.
My lord the right to liberty is constitutional and sacrosanct to the extent that no single person or institution should be given an opportunity to trample on the rights of others.
Without prejudice to the foregoing, our client’s intimate that owing to the prevailing circumstances as to the history given above, his trust and confidence now ultimately lies in your office personally and not anyone else, which is the reason this complaint is addressed to Your attention.
Our client therefore to ensure justice with due respect requests as follows,
(i) That both files referenced above, be called, and perused together for a proper and balanced opinion.
(ii) That it should be established why the file on forgery started with Police and was taken to Regional DPP instead of the Resident State Attorney, and why it was forwarded to DDP Office Kampala.
(iii) The reason why when our client made a complaint on the same file, the Complaint Desk did not make any reply indefinitely which was unfair and prejudicial to him.
(iv) That it should be established why the alleged offence of forgery been cleared to be sanctioned without a forensic report on file yet it’s a requirement.
(v) That alleged document forged is a UNEB O’ Level Pass slip. How could the accused have forged a document that he cannot originate instead he should have uttered it instead of forgoing it.
(v) That the alleged document that was forged was UNEB pass slip, yet the accused sat for 5.4 at Mbirizi Modern and he has O’ level pass slip and Certificate. How could he choose to forge a document, yet he lawfully possesses a genuine one?
(vi) The complainant alleges in that the accused forged academic documents in order to get good grades and to secure a job as a political talk show at her TV Station but there is no evidence of any job advert where the TV station was particular to the type of grades that were needed that could have lured the accused to forge the document.
(vii) That the document is alleged to have been forged from Kinoni Integrated Secondary School, but the Index number reflects the names of a female student who registered S.4 and never sat. How did the complainant come to know that accused forged the document?
(viii) That if the interest of accessed to forge was to get good grades, why didn’t he forge from his index number & school where he sat from.
(ix) That the IGG requested for a certified copy of the file of forgery which the Regional DPP surrendered, so why did she continue to work on the same file and forward it to Kampala when it was in her knowledge that the file was under investigation by IGG an obligation that falls within the constitutional and statutory mandate of ombudsman.
(x) My Lord, the chronology of events above what can inferred is deliberate infringement of the accused’s human rights by the complainant through influencing officers of the state and relevant institutions to come up with such malicious charges.
PRAYERS.
- That our client herein prays that the two files be called and perused together since the complainant is the same and the files are built on close and related facts so that a proper opinion be formed.
- Without prejudice this Office should form the opinion of withdrawing such charges from the accused should your humble office find it trumped up and baseless if justice is to prevail.
- That our client kindly requests for an appointment to meet you together with his Lawyers and explain his issues properly and extensively.
Hoping for a positive and timely response.
Hill Advocates and Solicitor wrote again. However thios file file was cancelled after compopolaining.
Attn: Lady Justice Jane Frances Abodo
RE: COMPLAINT VIDE MASAKA CRB 124/2022 & CRB 203/2022
The above captioned subject matter refers;
We act for and on behalf of TUSHABE BRUCE NZABANITA herein referred to as our client on his instructions we address as hereunder;
- That the complainant in the above files is one by names of Namere Justine the Senior Presidential Advisor in Greater Masaka.
- That our client is the executive/head VOLUNTEER UGANDA EXTRA LTD which is a dully incorporated body under the laws of Uganda operating within Uganda encapsulated with the mandate of protecting human rights, fighting corruption, ensuring transparency and accountability of public funds, Legal protection, and rule of law.
- That the complainant reported a case of forgery of academic documents against our client at Masaka Central Police Station where he recorded a statement. The file straight away from Police was taken to Regional DPP greater Masaka for sanctioning without the input of Resident State Attorney.
- That our client upon realizing the irregularities and mishandling of the file, made a complaint to the IGG about mishandling of file and abuse of Office.
- That the IGG Masaka wrote to Regional DPP requesting for a Certified Copy of the same file which she surrendered and instead of handling the matter, the file was sent to the Office of DPP Kampala to be worked on, a conduct that is considered prejudicial to the core Mandate of IGG.
- That when the complainant realized that the file on forgery of academic documents had been forwarded to head Office, she quickly filed malicious charges of offensive communication/cyber harassment Vide MSK CRB/203/2022, which charge/file was supersonically handled without sufficient evidence, sanctioned and our client was brutally arrested using flying squad as if he was a dangerous high-profile criminal moreover on misdemeanor charges.
- That our client was detained at Masaka Police Post from gt April 2022 – 11™ April 2022 without being informed what the charges were, and no police bond which was beyond the 48 hours constitutionally established rule. He was later was taken to court and remanded by the Chief Magistrate Masaka from 11, April 2022 up to 29 April 2022 after his Bail Application and was further remanded.
- That our client through his former Lawyers, further applied for Court bail which was rejected by the Chief magistrate and further remanded and re-allocated the file to the Magistrate Grade | who eventually granted our client bail on 30% May 2022 when he was already 49 (Forty-nine) days on remand almost close & precisely remaining with only 11 days to clock 60 mandatory days constitutionally mandated for automatic bail.
- Those institutions in the criminal justice system like the Uganda Police Force and Uganda Prisons Masaka were unduly influenced by the complainant so as to lend a hand in torturing our client and fighting his right to bail. This is reflected by a letter written by the OC prisons addressed to the Chief magistrate Masaka piling a lot of Malicious allegations against the Accused in order to create bias in Courts decision on bail which was considered in his denial of bail. This also reflected by the Officer of Police Swearing a malicious affidavit all intended to deny our client Bail. (Copies of the letter written by OC prisons to court is attached as “A.1” and the Affidavit of a police officer is attached as “A.2”)
- That our client through his former Lawyers made a complaint on 11″ of April 2022 and addressed it to both Resident State Attorney Masaka and Regional DPP Masaka about the anomalies to be addressed but both neglected him which put the rights of our client at a crossroad. (A copy of the complaint referenced SCA/11/006 is attached for ease of reference and marked “B”)
11.That when our client failed to get help from the above Offices, while on remand at Masaka Prisons through his former Lawyers wrote a complaint dated 12″ April 2022, Referenced SCA/12/004 addressed to the Office of DPP complaint desk about the same specific issues as in the earlier Complaint. Surprisingly and quite unusual to our client, despite having received, it was shelved and there is no reply up today for reasons not known by our client but best known by the aforementioned offices. (A copy of the complaint is hereto attached and marked “C”)
My Lord it should be brought to your attention that the complainant is allegedly using her Office to influence every Officer and all institutions involved in criminal justice to perpetrate a witch hunt, torture, mistreatment, and all form of injustice against our client with keen intentions to perpetuate her vendetta against our client.
My lord the right to liberty is constitutional and sacrosanct to the extent that no single person or institution should be given an opportunity to trample on the rights of others.
Without prejudice to the foregoing, our client’s intimate that owing to the prevailing circumstances as to the history given above, his trust and confidence now ultimately lies in your office personally and not anyone else, which is the reason this complaint is addressed to Your attention.
Our client therefore to ensure justice with due respect requests as follows,
That both files referenced above, be called, and perused together for a proper and balanced opinion.
That it should be established why the file on forgery started with Police and was taken to Regional DPP instead of the Resident State Attorney, and why it was forwarded to DDP Office Kampala.
The reason why when our client made a complaint on the same file, the Complaint Desk did not make any reply indefinitely which was unfair and prejudicial to him.
That it should be established why the alleged offence of forgery been cleared to be sanctioned without a forensic report on file yet it’s a requirement.
That alleged document forged is a UNEB O’ Level Pass slip. How could the accused have forged a document that he cannot originate instead he should have uttered it instead of forgoing it.
That the alleged document that was forged was UNEB pass slip, yet the accused sat for 5.4 at Mbirizi Modern and he has O’ level pass slip and Certificate. How could he choose to forge a document, yet he lawfully possesses a genuine one?
The complainant alleges in that the accused forged academic documents in order to get good grades and to secure a job as a political talk show at her TV Station but there is no evidence of any job advert where the TV station was particular to the type of grades that were needed that could have lured the accused to forge the document.
That the document is alleged to have been forged from Kinoni Integrated Secondary School, but the Index number reflects the names of a female student who registered S.4 and never sat. How did the complainant come to know that accused forged the document?
That if the interest of accessed to forge was to get good grades, why didn’t he forge from his index number & school where he sat from.
That the IGG requested for a certified copy of the file of forgery which the Regional DPP surrendered, so why did she continue to work on the same file and forward it to Kampala when it was in her knowledge that the file was under investigation by IGG an obligation that falls within the constitutional and statutory mandate of ombudsman.
My Lord, the chronology of events above what can inferred is deliberate infringement of the accused’s human rights by the complainant through influencing officers of the state and relevant institutions to come up with such malicious charges.
PRAYERS
- That our client herein prays that the two files be called and perused together since the complainant is the same and the files are built on close and related facts so that a proper opinion be formed.
- Without prejudice this Office should form the opinion of withdrawing such charges from the accused should your humble office find it trumped up and baseless if justice is to prevail.
- That our client kindly requests for an appointment to meet you together with his Lawyers and explain his issues properly and extensively.
Hoping for a positive and timely response.
Find all Letters here, click to read all.