The office of the Inspector General of Government is battling a fresh credibility crisis following its decision to clear Uganda’s Prime Minister Amama Mbabazi of graft allegations in the 2008 Commonwealth Heads of Government Meeting (Chogm) scandal.
Analysts have accused the body of lacking independence and furthering the political interests of those in power, rendering it ineffective in fighting the corruption that is draining billions of dollars from Uganda’s economy.

Mr Mbabazi, a former security minister, was implicated along with several other political heavyweights, including former vice president Prof Gilbert Bukenya, in value for money audits by the auditor general and parliament’s Public Accounts Committee.

But in a report released by IGG Raphael Baku, Mbabazi was cleared of alleged influence peddling, conflict of interest, causing financial loss and flouting procurement laws.

The audits showed that under the watch of Cabinet Ministers, Uganda lost $250 million in preparations to host the 2007 Chogm.

Specifically, the PAC accused the officials of influencing the procurement of Tetra Communications walkie talkie systems worth $5 million from Ms Balton (U) Ltd, in contravention of the Public Procurement and Disposal of Assets Act, and causing financial loss of $1.8 million to the taxpayer.

“From the details in the findings and documents on record, there was no evidence to indicate conflict of interest and influence peddling in the procurement of Tetra Communication System by Amama Mbabazi, Minister of Security or any other person as stated in the PAC report of May 2010,” reads the IGG’s report.

While Prof Bukenya has been hauled before the anti-corruption court — after recently being sacked as President Yoweri Museveni’s number two — the absolution of Mbabazi and his elevation to the position of premier have politicised an already sticky issue.  Anti-graft activists now say it is the institution of the IGG that is on trial.

“I have my misgivings about the office of the IGG,” says Miria Matembe, former ethics and integrity minister. “When [former IGG] Jotham Tumwesigye was in that office, there was independence. He did his investigations and made reports without encountering political interference. But the current IGG tends to be selective.”

As former ethics minister, Ms Matembe was the political supervisor of the IGG, and had several run-ins with President Yoweri Museveni over corrupt ministers.

She said, “I am sorry for the institutions of Uganda; they have been undermined and the public does not believe in their actions. They have become legitimising institutions, while all power lies with the president. Now, put yourself in Baku’s shoes—the poor man is not even confirmed yet. There is no way he would have acted otherwise.”

“I don’t know whether Mbabazi should have been cleared by the IGG but I read the Chogm report, and it was clear. What I know is that you are not corrupt as long as you are promoting Museveni’s interests.  And when you cease to, then you are dealt with. Now you know the relationship between Museveni and Mbabazi,” says Ms Matembe.

Other heavyweights named in the Chogm report are Foreign Affairs Minister Sam Kutesa, John Nasasira (former works and transport minister, now chief whip), Hope Mwesigye (recently sacked as minister of local government), Serapio Rukundo (Tourism Minister), John Byabagambi (Junior Works Minister), Fred Jachan-Omach (Finance General Duties) and former regional co-operation minister Isaac Musumba.

Of this lot, only Mwesigye and Musumba have not made it to Museveni’s new Cabinet, because they lost their parliamentary seats.

So, what was supposed to be a landmark investigation in Uganda’s war on graft could well end with only Bukenya paying for his role in the Ush9.4 billion ($4.9 million) Chogm car deal in which the government leased 114 luxury BMWs for the event. The deal was allegedly awarded to Motor Care (U) Ltd under the personal influence of Bukenya without going through proper tendering processes. As a result, money was lost when more competitive offers were ignored.

Regardless of the merits of the IGG’s investigations, Mbabazi’s exoneration reinforces public perceptions that the IGG lacks independence. It does not help matters that Baku is perceived to lean towards the ruling party, having worked at the Movement Secretariat in 2005. 

Baseless claims

Prof Edward Kakonge, chairman of the Uganda Debt Network, also argues that the appointment of Baku, then director of legal affairs at the NRM secretariat, as deputy IGG, “fused the IGG’s supposedly independent office with politics.” He also pointed to the recent proposal to amend Section 148 (2) of the Parliamentary Rules of Procedure so that oversight committees are stripped of the powers to audit public officials.

The EastAfrican has learnt that Baku is out of the country. Sydney Asubo, the head of prosecutions in the Inspectorate of Government, says the accusations against his boss are baseless.

“Those accusing the IGG don’t have facts. We went through the files and documents and found out the truth. But if anybody feels disatisfied with the IGG’s investigations into the Chogm scandal, they can go ahead and institute private prosecution against Mbabazi However, I want to assure them that they will not get far because there is no evidence to incriminate the Prime Minister. If they have evidence, they can inform the IGG so that we follow up the matter, ” said Mr Asubo.

Although he was number two for nine years, Bukenya was always seen as a figurehead, and the real power always lay with a clique within the Cabinet, which Bukenya at one time accused of being “a mafia that was trying to being him down.”

Mbabazi and Kutesa have been named in other graft scams in the past. Mbabazi was the architect of the Temangalo scam in 2008 in which he was cited for influencing the National Social Security Fund to flout procurement rules to buy his land at $5.5 million. Kutesa was named in an influence peddling scam in 1998 and was censured by Parliament.

By Julius Barigaba and Alfred Wandera