Last year, when the parliamentary
committee on Commissions, Statutory Authorities and State Enterprises (Cosase)
opened an investigation into the defunct banks, it needed credible information,
naming names and apportioning responsibility for specific acts of a fraudulent
or questionable nature. Without this insight, any parliamentary probe would
find itself constrained. A year later, Bugweri county MP, Abdu Katuntu, who
chairs Cosase, told The Observer that parliament is now in a firm position with
the investigations and Ugandans will have value for the resources spent on the
inquiry.
“It will be prejudicial to the ongoing process if I share my thoughts
about the likely outcome of this process, but the information that has been
discovered is so far good and worth it,” he said. Based on Cosase’s working
document seen by this newspaper, the committee’s outstanding task will be to
apportion blame for the commissions and omissions raised by the auditor general
(AG) as well as tracing of the assets of the defunct banks.
“We have some information of who benefited from the scheme but we wait
to hear from the side of those accused,” said one of the MPs who sits on
Cosase, speaking off the record. This MP explained that it is against this
background that parliament instructed the AG and inspector general of
government (IGG) to investigate the wealth of the top leadership at BoU.
“This can give you clues as to
where we are heading,” the MP said. On November, 28, 2017, Katuntu requested
the auditor general to undertake a special audit on the closure of commercial
banks by Bank of Uganda (BoU). Aware that there are several investigations that
have previously been carried out on closed banks like Greenland Bank Limited,
Katuntu’s committee specifically asked the auditor General to shed light on
“the status of the banks at closure, cost of liquidation, status of assets and
liabilities of the aforementioned banks from closure to-date, non-performing
assets, non-recoverable assets and liquidators.”
Under the Financial Institutions
Act (FIA) as amended, BoU can revoke the licence of a financial institution if
it is satisfied that it has ceased to carry on business, become insolvent, gone
into liquidation, wound up, undercapitalised or dissolved. Section 95 of the
FIA provides that BoU shall, within a year after taking over a financial
institution, consider and implement any of the following options: arrange a
merger with another financial institution; arrange for the purchase of assets
and assumption of all or some of the liabilities by other financial
institutions; arrange to sell the financial institution; liquidate the assets
of the financial institution.
ATTEMPT TO BLOCK INVESTIGATIONS
Some individuals attempted to block the parliamentary investigations on
ground that it was sub judice. Shareholders of Crane bank and National Bank of
Commerce are battling BoU in the High court over the closure of their
respective banks. Indeed, deputy speaker of parliament Jacob Oulanyah had
stopped Cosase on this very ground. However, Katuntu approached Speaker Rebecca
Kadaga who intervened to save the parliamentary investigations. Kadaga
indicated that the inquiry did not materially touch the issues in the court.
At the same time, the Financial Intelligence Authority and the
Inspectorate of Government were carrying out a parallel inquiry into suspected
illicit financial transactions said to involve former BoU director for
supervision, Justine Bagyenda. The FIA executive director, Sydney Asubo, told
The Observer that his mandate is not to investigate, but source information.
“It is within that context that we formed ground to justify further
investigations into the illicit finance flows,” Asubo said. When asked whether
this is good ground to question central bank mandarins, Asubo said: “I would
not advise further investigations if the information sourced is flimsy. Whereas
I cannot discuss what our report says, I can confirm that we formed the ground
to justify investigations.”
We understand that the FIA
report, which was shared with the speaker to parliament, IGG and minister of
Finance, Planning and Economic Development, was the basis upon which Kadaga,
weeks ago, called off the process of approving Bagyenda’s nomination as a new
member on the FIA board. IGG INVESTIGATIONS Meanwhile, in the background, IGG’s
own probe found itself almost getting muddled by a behind-the-scenes power play
which threatened to further undermine the integrity of the central bank. The
bank governor, Emmanuel Tumusiime Mutebile, was the subject of wide-ranging
whistle-blower allegations from individual employees of BoU who claimed their
rights and freedoms were being violated.
The IGG was, therefore, asked to inquire into the very competence of the
bank’s top management. Matters came to a head with the appointment of one
Twinemanzi Tumubweine to replace Bagyenda, as executive director supervision.
This appointment was derided as having been premised on conflict of interest,
nepotism and influence peddling. Tumubweine is son to Manzi Tumubweine, who has
been a member of BoU’s board of directors. The petition also said Twinemanzi
was unqualified for the job.
Very quickly, a war of words broke out between the Inspectorate of
Government and the governor with the latter arguing that the constitutional
guarantees of independence outlined in respect to BoU insulated him from
investigations by the IGG. The impasse saw an exchange of several legal opinions
and letters between the two constitutional bodies, ultimately prompting the
intervention of President Museveni. Museveni called a meeting at State
House-Entebbe attended by the governor; his deputy, Dr Louis Kasekende, the
IGG, and Katuntu in his capacity as chairperson of Cosase, which exercises
parliamentary oversight over both institutions.
At the conclusion of the meeting, the president set up a harmonised
committee chaired by Katuntu to quietly investigate the issues and power
politics at BoU. This ad hoc committee is yet to report to the president.
However, along the way, the AG released a preliminary report on the defunct
banks.
AUDITOR GENERAL’S FINDINGS
The report from his special audit of Bank of
Uganda and defunct banks was released last month. Auditor General John Muwanga
revealed that there were no documented guidelines/regulations or policies in
place for the identification of the purchasers of Gold Trust Bank, National
Bank of Commerce and Crane Bank Limited.
“There were also no guidelines to determine the procedures to be adopted
by the central bank in the sale/transfer of assets and liabilities of the
defunct banks to the identified purchaser. In the absence of guidelines, I
could not establish the basis used to select the purchaser and determining the
values of assets and liabilities transferred by BoU to the purchaser,” the AG’s
report notes. The AG further noted that BoU did not carry out a requisite
valuation of assets and liabilities of the three defunct banks whose fate was
resolved under the ‘purchase and assumption’ arrangement. “In absence of the
valuation and or documented evaluation of alternatives and assumptions used, I
could not establish how the terms for the transfer of assets and liabilities in
the P&A were determined.”
Whereas the AG was availed with the asset movement schedules for
Greenland Bank, ICB and Cooperative bank indicating details of assets at
closure, assets sold, selling price, period sale, unsold assets, performing and
non-performing loans from time of closure to the year 2001, for the period
starting 2002 when the liquidation role was directly performed by BoU, no asset
movement schedules were availed. To that effect, the AG notes, “I could not
adequately verify the movement of assets of the three banks from Shs 117.6
billion at closure to Shs 19.7bn as at 30th June 2016.” In the case of ICB,
Greenland bank and Cooperative bank, the total loan portfolio sold of Shs135bn
included secured loans of Shs34.5bn sold to Nile River Acquisition Company at a
93% discount.
The AG also discovered that the Crane Bank non-performing loans worth
Shs 570.38bn out of the gross loans of Shs 1,159bn, were sold to dfcu Bank at
what appears to be heavily discounted cost of Shs200bn. “I could not establish
how the consideration of Shs 200bn was derived from the bad book of Shs
570.38bn…Further, I was not provided with the schedule of loans and the
corresponding collateral transferred to dfcu.” On Friday, Cosase is expected to
again meet with BoU officials to clarify on the issues raised in the AG’s
report. skakaire@observer.ug