Details: Inside NSSF’s Losing Battle Against Lubowa Landlords

The National Security Fund (NSSF) has lost a land case which saw Makindye Chief Magistrates Court acquit five people who were being accused of fraudulent procurement of title of land comprised in FRV WAK 6104 Folio 24 Block 269 Plots 323-3240 on which the fund’s Lubowa estate sits.  

The court battle which started around 2014, involved NSSF and customary owners of land namely; Muhammad Lubowa, Moses Bogere, Betty Namanya, Daphne Nakanywagi and Patrick Onyango.

In April 2015, the landowners applied for the issuance of a certificate of title which later was issued in 2019. In January 2020, the Commissioner of Land Registration cancelled their titles.

This forced the above individuals to file a court case against the Registrar’s decision via Miscellaneous Cause 227 of 2020 before the High Court seeking orders quashing the Registrar’s decision, an order of mandamus requiring the Registrar to restore their title.

The trial judge Musa Ssekaana, in his ruling, quashed the decision of the Land Registrar cancelling the applicants’ title.

“In the premise, I find that the respondent had no right to cancel the Applicants’ certificate of title on the basis of forgery. I hereby grant this application with costs,” ruled Ssekana on December 18, 2020.

After the titles were re-instated, NSSF petitioned the then State House Anti-Corruption Unit Head, Col Edith Nakalema, alleging that these titles were fraudulently issued on their land.

On July 8, 2020, Nakalema wrote to the Permanent Secretary Ministry of Lands based on the complaint from NSSF that some people had fraudulently made titles on their land. On that ground, the ministry cancelled the title.

In 2021, the State House Anti-Corruption Unit opened up charges of fraudulently obtaining land titles, forgery, uttering false documents and conspiracy to commit a felony against the five (customary owners) under File number GEF 2021.

In August 2021, the same file got a new Ref Vide CID/E/ 338/2021 under the supervision of Jackson Tweheyo who later allocated the same file to ASP Justus Twinamatsiko.

However, on November 5, 2021, the five with four others vide Criminal Case Number 1256/2021 and later on in July 2022, the charge sheet was amended to include civil servants from Wakiso District namely; Kawooya Shaban, Kabonge Leonard, Namukasa Nalongo, Gilbert Kasozi, Dr.Batume Joseph Kizito and Katabalwa Miiro Herbert.

This was done with the inclusion of new charges; fraudulent procurement of a land title and Abuse of Office.

Immediately after adding more accused persons, the file was transferred to the Anti-Corruption Unit of the state under Criminal Case number 113/22.

Three months later, on July 3, 2023, the Director of Public Prosecutions (DPP) withdrew charges against members of the Wakiso Land Board and Kajjansi Area Land Committee who were issued with discharge orders to that effect.

It was on the same day that the court dismissed the case against the remaining five for want of prosecution since the DPP had failed to produce witnesses in the period of nine months.

A new criminal case opened

On 8th September 2023, Lubowa Muhammad Kityo (who was among those acquitted in previous charges), was arrested and presented before Makindye Court on a new case of fraudulently obtaining of title vide 1524/2023 (the new case against all the five in the previous case).

The case after went into a full hearing where Kasozi Gilbert, Herbert Miiro Katabalwa and Kawooya Shaban appeared as state witnesses as confirmation that they had been acquired in a plea bargain to support the prosecution case.