Court has summoned three staffers of Standard Chartered Bank in Kampala to answer to charges relating to computer misuse and obstructing access to information.
The criminal summons issued on June 27 were issued to Albert Salton, Winnie Ojambo and Baliku Julius, all employees of Standard Chartered Bank, by the Buganda Road Grade One magistrate.
They were ordered to appear before Buganda Road Magistrate’s Court on July 5 at 2:30pm.
The trio’s alleged offences stem from a loan dispute in which Habib Oil accuses Standard Chartered Bank of failure to avail bank statements in regard to a loan it acquired in 2013.
On the other hand, Standard Chartered Bank claims that Habib Oil failed to service the loan and has since threatened to sell Habib Oil’s loan securities for that reason.
Habib Oil through its lawyers M/S Muwema and Co. Advocates and Solicitors contends that the bank with which it has banked for the last seven years and holds a USD Account, has failed to provide bank statements it has sought for a period of one month.
According to the lawyers, Habib Oil sought for and obtained partial information of its loan and bank statements from Standard Chartered Bank. They sought for more information and clarification from the bank on May 22 but the bank has refused to comply.
Part of the information requested by the complainant was; bank statements from January 2013 to June 2016 which cover the loan period, the unexplained debt entries made on August 1, 2016 of USD 3.8m and on October 31, 2016 of USD 394,651.
They also asked for the actual interest rate applicable to the loan for the whole loan duration to be disclosed. The Director of the business, Habib Kagimu acquired a loan worth USD 4.08m (current value Shs 15.8b) with a prime interest rate of 7.5%.
The loan was acquired against a combined asset value of USD 9m (Shs34.8b) which the bank is now threatening to sell off
Habib Oil contends that for one month, the bank has denied it access to its financial data/information (said to be concealed on computers) as sought yet it is seeking to sell the properties placed as loan security.
According to the summons, the complainant “has a right to access all of any information on the bank accounts” and the bank (Standard Chartered Bank) as a data controller “has an obligation to avail this information on demand”.
The three staffers of the bank now find themselves in a position where they are accused of denying Habib Oil access to the information pertaining to the loan.
“Their actions amount to unauthorized obstruction of use of computer, contrary to Section 16 of the Computer Misuse Act,” reads part of the court summonses.
“The said officials of the bank have been aware or ought to have been aware of the complainant’s request for the financial data/information but they have knowingly refused and/or failed to cause its availability which has caused damage and injury to the complainant”.
The court has also ordered an indepth forensic audit on the USD Account held by Habib Oil in Standard Chartered Bank.
The loan was acquired against a combined asset value of USD 9m (Shs 34.8b) which the bank is now threatening to sell off. Habib Oil contends that for one month, the bank has denied it access to its financial data/information (said to be concealed on computers) as sought yet it is seeking to sell the properties placed as loan security.
According to the summons, the complainant “has a right to access all of any information on the bank accounts” and the bank (Standard Chartered Bank) as a data controller “has an obligation to avail this information on demand”.
The three staffers of the bank now find themselves in a position where they are accused of denying Habib Oil access to the information pertaining to the loan.
“Their actions amount to unauthorized obstruction of use of computer, contrary to Section 16 of the Computer Misuse Act,” reads part of the court summonses.
“The said officials of the bank have been aware or ought to have been aware of the complainant’s request for the financial data/information but they have knowingly refused and/or failed to cause its availability which has caused damage and injury to the complainant”.
The court has also ordered an indepth forensic audit on the USD Account held by Habib Oil in Standard Chartered Bank.