A cloud of uncertainty looms over the immense wealth of exiled tycoon Tribert Rujugiro Ayabatwa after his embattled lawyer said he would relinquish his power of attorney in a bid to regain his own freedom following charges of fraud.

Alain Ndibwami, a Kigali lawyer who has been representing the interests of the South Africa-based Mr Rujugiro, told the Nyarugenge Intermediate Court during his bail appeal hearing on Tuesday that he would let go of his legal power to defend the tycoon if that will guarantee him his own freedom.

In a statement that shocked the court before the adjournment of the hearing to December 9, Mr Ndibwami said his problems could be emanating from his procuration powers and links to the embattled business mogul, who has recently been involved in a standoff with the government over a decision to attach his two properties.

“I will cede my rights to represent Mr Rujugiro’s legal interests if that is enough to make me regain my own freedom and put this case behind me,” Mr Ndibwami, who was arrested two weeks ago over forgery, said before the judge intervened and asked the defendant to restrict himself to the context of the case at hand.

Last week, the primary court denied Mr Ndibwami bail.

The Commission of Abandoned Properties in Nyarugenge and Kicukiro districts has finalised the attachment of Mr Rujugiro’s multimillion-dollar shopping mall in Kigali city centre, the Union Trading Centre (UTC), and his palatial residence located in Gikondo, Kicukiro.

But even before the case has gone into substance, heated exchanges have ensued between the prosecution and the team of barristers representing Mr Ndibwami in court.

Mr Ndibwami’s case has also drawn in members of the Kigali Bar Association (KBA), who vowed to defend their colleague in the case, claiming that he was a “victim of circumstances.”

Our efforts to get a comment from KBA president Athanase Rutabingwa, who is leading the defence team that also has Pierre Claver Zitoni, Anitha Mugeni, Justin Ntwari and Christopher Niyomugabo, were futile. He told Rwanda Today: “At this stage, I think let us leave the case to the courts to decide.

“At the moment, I cannot comment on the case.”

Mr Rutabingwa was however conspicuously absent at the bail hearing. The lawyers, who are representing their colleague on a pro bono basis, have so far declined to talk to the Press.

It is alleged that Mr Ndibwami used forged documents in a court case and, according to the Penal Code, he faced up to seven years imprisonment on top of heavy fines if found guilty.

Disowned the document

He is accused of forging the signature of a government official identified as Mucyo Rutishisha, who at the time worked with the Ministry of Foreign Affairs, guaranteeing himself procuration powers to Mr Rujugiro’s properties and interests.

Mr Rutishisha, the Second Councillor at the Rwandan High Commission in India, at the time headed the protocol department in the ministry. He has since disowned the document and the signature. The alleged counterfeit documents include a signature and a stamp.

However, Mr Ndibwami has maintained his innocence, saying he genuinely got the letter and that Mr Rutishisha signed it — unless if five years down the road the latter has forgotten the documents he signed.

The legal counsel was arrested following a tip-off, said Police Spokesperson ACP Damas Gatare. “Mr Ndibwami was arrested in possession of a forged document, which is a criminal offence punishable by law,” Mr Gatare said, adding that police did their job to apprehend a suspect and that what was left was the prosecution’s to handle.

The prosecution alleges that Mr Ndibwami forged the signature and stamp of a government official on the letter which allegedly gives him the right of attorney regarding Mr Rujugiro and his properties in Rwanda.

The prosecution team, which was led by Mr Rugambwa Jean Baptiste Kayitare, claimed that the August 3, 2009 letter sent by Mr Rujugiro from Mauritius was signed by only the sender and the notary official in the Indian Ocean island nation but did not bear the signature of a Rwandan diplomat there.

They said a letter authorising someone to have procuration powers should have been sent by the embassy through the Ministry of Foreign Affairs, which then would be signed.

“We do not doubt the content or purpose of the letter, but it was not sent through the right channels,” a prosecutor told the court. “Our concern is that the signature and stamp of the ministry official are counterfeit.”

The defence however argued that Mr Ndibwami should face no charges because a handwriting expert hired to analyse the names found that three letters out of five forming the name “Mucyo” and six out of seven analysed letters of the name “Rutishisha” match the handwriting of the owner of both names.

Mr Ndibwami faces five to seven years in jail if found guilty.