Tuesday, December 4, 2012

Inciteful..... Anonymous response on NSSF

This case is far more complicated than you can imagine. The real aim of that 'scandal' was to have NSSF moved from the labour ministry to the finance ministry. Here is the real timeline of events.

part 1
2001-Onegi obel takes over as chairman of nssf and during the next 5 years grows the fund into the largest financial institution in the country bigger than all the local banks combined, infact at the time he was removed nssf was growing at 9billion ugx a month.

2005-Teddy Seezi Cheeye (later to become the first person convicted by the anti-corruption court) wrote a report claiming gross corruption in the nssf and brought up 14 different charges against Obel

Obel is promptly fired without due process, later however the cheeye report fails to stand up to scrutiny in court and Obel is declared innocent by then justice okumu ringa, later this judge would be fired under claims of corruption, however he would in turn sue the government and win the case for wrongful dismissal as there was never any evidence of wrong doing by this all the claims of corruption agaisnt obel were deemed to be trumped up.

However court did find that premier developments was an illegal entity, but not becaus of corruption, but rather because of a procedural error where NSSF didn't get the AG's permision before setting up the joint veture compnay.
On his exit from NSSF Obel advised that under no circumstances should the NSSF be moved from the labour to Finance ministry but rather if it was to be moved should go under BOU. The government appeared to heed this warning at first and pretended to move NSSF to BOU but NSSF later ended up being under the finance ministry and sure enough what followed was the temagalo scandal involving Dr. Suruma, Mbabazi, Amos Nzeyi and others. Obel had been right!

part 2 The IGG
In 2006 Obel was arrested based on an IGG report, and charged with corruption again, Obel challenged this in the constitutional court claiming double jeopardy saying he could not be charged for the same crimes twice unless it was an appeal by the Attorney General, the IGG claimed these were different charges so the constitutional cour ruled in her favor Obel was later released on bail, however during the next 5 years that this case went on in the magistrates court, the IGG never brought up any new charges and left the press and public to assume it was still the same charges brought up by cheeye. It is also worth noting that the magistrate in charge of this case is a relative to the prosecuting IGG

The Attorney general advised the IGG agaisnt this case sayiing that Obel had no case to answer this made sense since the AG had alredy lost agaisnt Obel before, from 2006 to 2010 Obel reported to court every month but the IGG never brought up any eveidence against him. The IGG claimed that the were waiting for Bakoko to be arrested so all the suspects could be tried together, Obel asked to be tried separately so the case can proceed but the IGG refused.

During this period the NSSF managing director Mpuuma admitted in court to receiving a bribe from Mugoya to the tune of 100 million shs, In return for this the charges against him were dropped and he was fined 50million shs and no jailtime. The reality is more complicated, than this however. Though Mpuuma admitted he took the bribe, this wasn't necessarily true, Mpuuma was more likely blackmailed by some other none nssf wrong doing involving land he was involved with at the time so he would give credence to the case.

Meanwhile Obel reported to court but no evidence was ever brought up against him. In truth the IGG was tricked into a court case that she couldnt win as she actually had an honest man, but being a crusader she didnt believe and couldnt admit she was wrong about Obel. To make matters worse for her, though she was claiming financial loss was caused by Obel, NSSF claimed it never lost anything under Obel, all subsequnet nssf managements after obel have admitted this in their financial reports. She was running a case where there was no injured party.

Obel realising that this could go on forever and that the IGG and buganda road magistrate were abusing the judicial system, pushed for his case to be moved to the anti-corruption court and that he be tried separately instead of waiting for the other arrests, eventually his case was moved. And this time, when the IGG failed to present evidence of any wrong doing on Obel part, the case was dismissed and Obel was acquitted. The IGG claimed it would reinstate the charges, however 2 years ... nothing has happened.

Conclusion
This case is an example of a situation where the very instruments created to aid corruption are manipulated and corrupted into aiding corruption. Obel was a brilliant man and not one taken to material posessions, he created the Uganda securities exchange and refused to take money from it for over 10 years. This man was destroyed so that other people could gain access to they financial giant he was turning NSSF into. I worked with Statehouse for a while and saw and heard firsthand this man's brilliance when he was the presidents trade advisor. I suspect right now he is being blackmailed into silence and his family is being threatened. I have more information on this case, but what i do know is that Obel was used to further other people's agenda.


PS May more people comment!

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