The case file in which city lawyer, Nicholas Opiyo is charged with alleged money laundering case has been sent to the High Court for directions. This, after the prosecution failed to present the status of investigations into the matter.
The Anti-corruption Court at Kololo before Grade One Magistrate Moses Nabende, ordered that the file be sent to the High Court for appropriate directions.
Nabende stated his court could not direct on the matter for lack of the powers to hear the case.
The decision by the Magistrate followed a one month’s ultimatum to complete the investigations and report back to court the status of the case.
Magistrate Nabende had tasked the Director of Public Prosecutions (DPP) to address court on the status of investigations and when to return Opiyo’s property which were confiscated at arrest in December 2020.
The property include a bag, laptop, mobile phone, his passport and hard cash, all which his lawyers; David Mpanga and Elison Karuhanga said their seizure is a violation of their client’s right to freedom.
Opiyo is charged with money laundering that can only be heard by the High Court judge.
David Mpanga asked the Court to hold the state to account for the unending investigations of case five months since their client was arrested, charged and remanded to prison and later on released on bail pending trial.
He said the continuous investigations into the matter are in total disregard of the accused person’s right to a fair hearing and thus the case ought to be dismissed for want of prosecution.
Opiyo, the Executive Director of Chapter 4 Uganda was on December 22 2020 arrested on allegations that on October 8 2020 at Absa Branch Garden City in Kampala, he received $340, 000; the funds he knew were proceeds of crime.
Mr Opiyo was arrested jointly with four other suspected lawyers, Herbert Dakasi, Esomu Obure, Anthony Odur and Human Rights officer, Hamid Tenywa who were granted police bond.
However, he denied the charges and has since been released on bail.
Opiyo is a lawyer in courts of law and a human rights international award winner is represented by lawyers, Mpanga, Robert Mackay and Karuhanga.
Prosecution alleges that Mr Opiyo on October 8, 2020 at ABSA Bank Garden City Branch, in Kampala District acquired $340,000 (about Shs1.2 billion) through ABSA Bank account No.6004078045 in the names of Chapter Four Uganda, knowing at the time of receipt that the said funds were proceeds of crime.
Opiyo is the lawyer representing two NGOs including the Uganda National NGO Forum and the Uganda Women’s Network whose accounts were recently frozen by the Financial Intelligence Authority over alleged involvement in moving money to finance terrorism activities.