Following the tough warning by the Chief Magistrate – Buganda Road on May 3, 2024 to cancel bail of city businessman and company director at Taifa Partners Limited, Emmanuel Asiimwe for dodging court, the latter appeared in good shape.
Asiimwe, who is accused of forging and uttering false documents had previously skipped a number of court sessions by raising excuses like suffering from diarrhea through his multiple lawyers to prolong the court process and frustrate the witnesses.
Just like the adage goes “the number of days for a thief are 40,” Asiimwe’s 40th day was May 13, 2022.
This time around Asiimwe flanked by two of his many lawyers Michael Byamukama and Junior Kanyamuyenga were seen in court sweating profusely and consulting each other every minute.
As the trio was pondering the next move, probably looking for an excuse to push for an adjournment, the Chief Magistrate entered court to their rescue.
His Worship Kayizzi informed court that all cases for May 13, 2024 were due for adjournment since his Resident State Attorney (RSA) Richard Birivumbuka was away on a two weeks training course.
Asiimwe’s matter was adjourned to May 31, 2024. This was a deep sigh of relief to the city businessman who later shifted to the quadrangle where he spent over 30 minutes discussing with his lawyers before disappearing in his ‘dusty’ trademark double cabin perhaps to his “sickbay”.
Just like before, present in court were over six witnesses to pin Asiimwe and they have never missed since the trial began last year. None of them has ever been cross-examined due to the accused’s excuses of sickness, traffic jam and bringing new lawyers on board. This has financially affected one of the witnesses Charles Okello who always travels from Gulu to attend court.
Sources close to Asiimwe reveal that the accused is buying time to lobby from relevant offices to be helped because he has a very bad case of forgery and all the available evidence pin him.
He earlier filed an application to challenge the expert report but the court advised his lawyer to withdraw it since it did not have any meaning. It was quashed through a court ruling on the basis that it was a bogus application.
Whereas he claimed to be battling “kipindupindu” about two weeks ago he was also sighted at the office of the Directorate of Public Prosecution (DPP) hoping from office to another seeking assistance.
Although the DPP’s office has distanced itself from the matter in writing and insisted that the case must be heard since there is enough evidence on the file, Asiimwe is still hopeful that a miracle can happen.
An experienced lawyer who has been behind Asiimwe’s matter told our reporter that it is unfortunate the accused is following a bad precedent of Molly Katanga who got hospitalized after charges of murdering her husband Henry Katanga were slapped on her.
She kept buying time and skipping court but on the day she appeared in court, she was sent to Luzira till now.
Though she is fighting hard to come out of the prison, the judges have since quashed her bail applications due to the tricks she earlier played to escape justice. She was not remorseful at all. The lawyer thinks that if Asiimwe doesn’t not desist from the tricks, he may fall in this category
GENESIS OF THE FORGERY CASE
Asiimwe is aware he has a very bad case with evidence all over to pin him and does not have any sound defence. During the presentation pending cross-examination last year Okello pinned his co-director Asiimwe on forging his signature and making special company resolutions without his knowledge, and certified documents were submitted to the Chief Magistrate and put on court record.
Okello is a former worker at Asiimwe’s other company, Integrated Agritech Uganda Ltd as a mechanical engineer and was appointed director after he bought 5 percent shares in Taifa Partners Ltd.
He told court that after allotting him 5 shares, 10 shares were also allotted to Assa Tumwesigye (also director with powers of attorney) and Asiimwe was appointed the Managing Director with 85 shares in the company.
While serving as the Managing Director, he made a special resolution on November 23, 21 and appointed Okello a company secretary.
After a short time, he made another resolution transferring the 10 shares meant for Tumwesigye to himself. He possibly did this to acquire 95 percent shares to make it difficult for other shareholders to demand a poll in making decisions.
As a Managing Director with a sole signatory role, he accessed all the company accounts. At some point, Asiimwe recalled Okello from upcountry and told him to raise money so that they further grow the company but the latter was not in position to.
Asiimwe coerced him to sell his 5 shares and they were allotted to another investing company, Dapanti Union. With Okello and Tumwesigye ceasing to be directors at Taifa Partners Limited, Dapanti Union came on board.
Later Okello was stripped of the role of company secretary.
He continued working as a mere company mechanical engineer till February this year when he ceased to have any business with Taifa Partners Ltd.
As the matter is adjourned to May 31, 2024, Asiimwe remains in trouble since the matter of forging resolutions to give self-powers of attorney, once prosecuted very well, attracts a life sentence.