Will Kagoda tycoons elude prosecution?
THIS DAY
FOLLOWING last week's dramatic events during which a total of 17 suspects were arraigned in court in connection with the external payment arrears (EPA) account scandal at the Bank of Tanzania, the biggest prize of all -- Kagoda Agriculture Limited -- appears to elude prosecutors thus far.
Kagoda, which is considered the jewel in the crown of EPA cases, alone received illegal payments of over $30.8m (approx. 40bn/-) from the BoT, equivalent to almost half of the more than 90bn/- stolen from the key central bank account during 2005/06 through the use of forged documents.
Although the names of two virtually unknown individuals - John Kyomuhendo and Francis William � are listed as directors in the company's official documents, investigators have since linked the stolen funds to two prominent businessmen.
It is understood that Kyomuhendo and William were not the real owners of Kagoda, but were merely used as pawns to formalise legal requirements for the registration of the company and camouflage the actual beneficiaries.
Sources close to the EPA investigation led by Attorney General Johnson Mwanyika said aides to one of the business tycoons linked to the Kagoda funds had scrambled to return all the stolen funds before the October 31 deadline.
The aides were seen carrying suitcases full of cash to a local bank in Dar es Salaam as they rushed to surrender the money to the government in an attempt by the two businessmen to avoid criminal charges.
Last week, another well-known businessman linked to the EPA scandal, Jeetu Patel, was arraigned before the Kisutu Resident Magistrate's Court in the city to face multiple counts of conspiracy, fraud and theft charges despite returning tens of billions of shillings to the government.
Sources say Jeetu Patel had so far surrendered more than 35bn/- to the government in an attempt to avoid legal action, but surprisingly ended up landing in court.
Observers revealed that prosecutors could this week likely arraign more suspects in court, notably the powerful business tycoons behind Kagoda and a prominent lawyer.
The mysterious Kagoda Agriculture Ltd company was paid a total sum of $30,732,658.82 by BoT using 12 forged legal documents known as deeds of assignment it had purportedly signed with foreign creditors of the government.
All the 12 forged deeds of assignment used by the Kagoda company were signed between September 10 and November 5, 2005. However, the company itself (Kagoda Agriculture Limited), was officially registered by the Business Registration and Licensing Authority (BRELA) on September 29, 2005.
This means that Kagoda signed some of the deeds of assignment with the government's foreign creditors even before the company was actually officially registered.
All the forged documents were signed in Dar es Salaam before the same individual, B.M Sanze, an advocate & notary public & commissioner of oaths.
Fraudulent payments to Kagoda had triggered off alarm bells, prompting the BoT's former auditor, Delloite & Touche to start making serious queries.
Following the queries, the former BoT Governor, the late Dr Daudi Ballali, fired the auditors, causing somewhat of a controversy.
The government was then forced to appoint an independent audit firm, Ernst & Young, to investigate the EPA account allegations, which uncovered that more than 133bn/- was stolen from the key BoT account during 2005/06, out of which more than 90bn/- was paid out through the use of forged documents.
The Mwanyika team is currently investigating payments amounting to more than 42bn/- made from the same BoT account without the necessary supporting documents.
So far, 13 alleged beneficiaries of the EPA funds and four BoT employees have been arraigned in court over the EPA scandal.