Kampala, Uganda | THE INDEPENDENT | David Jamwa, the former Managing Director of the National Social Security Fund-NSSF has asked the Supreme Court to quash his conviction for abuse of office and causing financial loss. Jamwa is seeking to quash the 12 year jail term handed to him by the Anti-Corruption court and was upheld by the Court of Appeal. On Thursday, Jamwa appeared before the panel of Supreme Court Judges comprising Dr. Esther Kisaakye, Jotham Tumwesigye, Eldard Mwanguhya, Paul Mugamba and Lillian Tibatemwa to defend his appeal.
Through his lawyers, Peter Kabatsi and David Mpanga, Jamwa told the Supreme Court that the Court of Appeal Judges erred in law and fact when they re-evaluated the evidence of the Anti-Corruption Court. He faulted the Court of Appeal justices for slapping with an additional four years for abuse of abuse of office yet the Anti-Corruption court had exonerated him and handed him 12 years for causing financial loss.
Mpanga also noted that the judgment of the Court of Appeal was improper because it was only signed by Justices Kenneth Kakuru and Opio Aweri who had been promoted to the Supreme Court by the time it was delivered. He said the former Deputy Chief Justice, Steven Kavuma disagreed with the court findings and refused to sign the judgment.
He also said the Judgment was delivered on January 15th, 2018 yet it had purportedly been signed in 2015. Court procedures require that the judgment be dated the same day it is delivered. However, the Senior Inspectorate Officer, Rogers Kinobe asked court to maintain the decision of the Court of Appeal. He argued that it is not necessary for a dissenting judge to sign on the Judgment made by the majority.
Kinobe asked court to ignore the grounds of Jamwa’s appeal, arguing that the findings of the Court of Appeal were proper. He said that there was overwhelming evidence from witnesses and documents showing that Jamwa illegally sold the bonds on October 3rd 2007 without involving the NSSF Board members.
The Supreme Court will deliver its judgment on notice. Jamwa was released by Supreme Court Judge, Stella Arach Amoko on bail last year.