Former NSSF boss, David Chandi Jamwa’s appeal case contesting his conviction and 12-year jail sentence to be ruled by the Supreme Court.
In his appeal filed at lower court’s decision, former NSSF boss Jamwa said the decision by the judge that formed his conviction was wrong.
However, Dr Esther Kisaakye, the lead Justice on Thursday stated that their verdict will be given on notice.
Other judges on the panel include; Paul Mugamba, Lillian Tibatemwa, Jotham Tumwesigye and Eldad Mwangusya that makeup five (5) judges.
Mr David Mpanga, Jamwa’s lawyer expressed his discontentment over the court of Appeal resolution on his client.
Jamwa was found guilty of abuse of office and causing financial loss to NSSF, a case he’s challenging apparently.
“Had the Court of Appeal properly re-evaluated the evidence on record, it would have found glaring contradictions in the findings of the trial judge as a clear indication that the trial judge did not properly evaluate the evidence against each of the elements of the offence thus arriving at an absurd conviction,” Mpanga’s submission stated.
According to Mpanga, the case was irregularly delivered with only two signatories on the judgement.
Mpanga says Justice Opio Aweri was not around after he was promoted to Supreme Court and another Justice Stephen Kavuma had retired.
Responding to Mpanga’s submission, the prosecution led by Rogers Kinobe informed court that there were two judges on the panel who delivered the judgement on Jamwa’s appeal case, and both of them signed the judgement meaning it was a majority rule, with no need of having the signature of the dissenting judge.
Kinobe added that unless the presiding judge orders for a separate verdict, it would be issued under rule 33(4), but it’s not the case here.
In the majority judgement written by Justice Rubby Opio Aweri and Kenneth Kakuru, indicates that Jamwa caused a huge financial loss to NSSF of 3.1bn shillings after selling government bonds to Crane Bank before maturity, agreeing with retired Anti-Corruption Court judge, John Bosco Katutsi’s judgement.