Lugoloobi Loses Bid For Constitutional Reference in Karamoja Iron Sheets Case

By Spurb Ernest

The Anti-Corruption Court in Kampala has rejected an application filed by State Minister for Economic Planning Amos Lugoloobi, seeking a constitutional reference regarding his alleged involvement in diverting iron sheets meant for vulnerable people in Karamoja.

On Tuesday, Justice Jane Okuo Kajuga dismissed the application, which was submitted by Lugoloobi’s lawyers, Tony Tumukunde and John Isabirye. She stated that she needed to analyze it further on its own merits, noting that the referral is not automatic and that the Supreme Court has issued several decisions emphasizing that a court is not merely a rubber stamp. 

Consequently, she denied the application for constitutional reference to interpret the legality of the charges against Lugoloobi, indicating that it would first need to be served to the prosecution before being set for hearing. Lugoloobi, who also serves as the Member of Parliament for Ntenjeru North constituency in Kayunga District, is facing charges of dealing with suspect property under Section 21A of the Anti-Corruption Act. 

He was expected to begin his defense in relation to the iron sheets scandal but instead, his lawyers sought a constitutional reference regarding several questions stemming from the charges against him. In his application, Lugoloobi claimed he was charged on April 17, 2023, and pleaded not guilty to two counts. He was granted bail, and during the trial, eleven prosecution witnesses testified. The court found sufficient evidence against him, though he disputes the interpretation of Section 21A of the Anti-Corruption Act.

Lugoloobi’s application for constitutional interpretation raises several questions, including whether Section 21A of the Anti-Corruption Act contradicts Article 28 (1), (3) (a), and (b) of the Constitution of the Republic of Uganda. He also questions the legality of charging him in the absence of any proved offense against anyone, asserting that this may contravene Article 28 (1) of the Constitution.

Furthermore, he argues that being charged while other ministers and members of parliament who similarly acquired iron sheets were not charged is inconsistent with Articles 20 (1), (2), and 21 of the Constitution. He maintains that the entire charge and trial violate his constitutional right to a fair hearing.

“From the wording of the section, it is clear that there are constitutional questions to be determined by the constitutional court which the Applicant wishes the trial court to refer,” his application states.

After dismissing the application, Judge Kajuga outlined the various rights and rules that Lugoloobi must consider for his defense. Lugoloobi was informed that he would be required to give an unsworn statement from the dock but would not need to enter the dock; this means he will be cross-examined by the state.

The judge emphasized that Lugoloobi has the right to remain silent, and even if he chooses to do so, the court will still analyze the evidence. He also has the right to call witnesses, and the court will assist in issuing witness summons. 

However, Lugoloobi opted to provide sworn evidence and will call witnesses. His lawyers requested an adjournment, stating they had not brought all necessary documents to defend their client. They expressed hope that their application filed that day would be expedited.

Judge Kajuga expressed surprise that the defense was unprepared, noting they have had time since November 2024 to prepare for their case. Isabirye explained they had anticipated the application would succeed, making this the first request for an adjournment by the defense.

In response, Josephine Namatovu, the Assistant DPP, opposed the request for adjournment, arguing the defense strategy seemed aimed at delaying the trial. She emphasized that the accused deserves a fair and speedy trial and that they have had ample time to prepare since November 2024.

Namatovu argued that if the defense was not ready two months after having adequate preparation time, a short adjournment would not benefit them. She requested a brief stand-over. Judge Kajuga agreed with the prosecution and directed Lugoloobi and his lawyers to return to court after two hours to begin his defense.

Lugoloobi faces allegations concerning 700 pre-painted iron sheets marked “Office of the Prime Minister.” The prosecution claims he obtained the sheets in two phases: 400 sheets between July 2022 and February 2023, and 300 sheets between February and March 2023. Prosecutors allege that Lugoloobi used the sheets to roof an animal shed, later removing them once investigations commenced.

The court previously ruled that sufficient evidence from eleven prosecution witnesses, including a church reverend, established a prima facie case against Lugoloobi. Furthermore, on January 10, 2025, the same court found former State Minister for Karamoja Affairs, Agnes Nandutu, with a case to answer over similar charges. Nandutu is accused of receiving iron sheets intended for Karamoja’s vulnerable population and is scheduled to begin her defense on February 19, 2025.

The iron sheets scandal has implicated three ministers: Lugoloobi, Nandutu, and former Cabinet Minister Mary Goretti Kitutu. Kitutu’s trial has been delayed as she appeals allegations of torture during her custody. The Inspector General (IG) accuses Kitutu of causing a financial loss of UGX 1.5 billion by neglecting peace-building activities in Karamoja between February and June 2022.