By Hannah Marion Namukasa
Kampala lawyer, Richard Buzibira has been banned from legal practice over professional misconduct regarding fraudulent dealings.
The Law Council Disciplinary Committee ruled that lawyer Buzibira committed acts of fraud and negligence which are gross in line with S.27 (5) of the Advocates Act.
“We have found that the respondent (Buzibira) committed a professional misconduct of fraud and negligence. The acts by the respondent caused gross loss and all sorts of inconvenience. Such conduct in our view was gross as many people including the government were affected,” ruled the committee led by Moses Mushabebe Nabende.
Other members are Dr Pamela Tibihikirra- Kalyegira and Abubaker Ssekanjako.
“That the respondent advocate is struck off the roll of Advocates. That the respondent advocate does pay the complainant Shs10 million for inconveniences caused and costs incurred in prosecuting this complaint,” held the committee before directing Buzibira to pay the Disciplinary Committee Shs2m
The lawyers’ disciplinary committee explained that public resources have been put to waste due to litigation and compensations with costs which could have been avoided if the lawyer acted professionally.
“We found the evidence by the complainant to be coherent, consistent and plausible and more believable. We find that the presentations of the forged documents were intended to commit fraudulent acts. We find that fraudulent acts were indeed committed and we are convinced that the respondent is liable for the fraudulent acts,” reads the disciplinary decision.
The decision followed a successful complaint filed by pastor Daniel Walugembe in which he accused the lawyer of forging instructions and powers of attorney of Sunday Joseph to himself alleging that he was instructed to process payments of land sale from Uganda land Commission.
It is stated the land belonged to him and not Sunday Joseph and that he wrote to the ULC about the sale of land at Block 28 plot 7 Buyaga, in Bunyoro Sub region between himself and Sunday Joseph.
According to Walugembe, this act by lawyer Buzibira was unprofessional and that the disciplinary committee should find the respondent guilty of acting fraudulent, causing financial loss, causing anguish and inconvenienced him.
Walugembe had asked the Law Council committee to order Buzibira to refund Shs1.2bn paid to him by fraudulent means together with interest from 2015 till payment in full and costs for prosecuting the case.
Records show that Buzibira forged documents and signature of Sunday Joseph to the effect that the said Sunday Joseph sold the land to Mwesigye Warren and that the said Warren assigned Buzibira to process payments to himself whereas not.
However, Bizibira had denied any wrongdoing and asked the committee to dismiss the case reasoning that Walugembe had no locus standi.
A 2017 report of the Criminal Investigations Directorate (CID) shows that Sunday Joseph, Mugabe Robert, Warren Mwesigye and Buzibira and some of the Uganda Land Commission officers conspired to defraud Walugembe Daniel.
The Law Council Disciplinary Committee held that lawyer Buzibira as an advocate had a duty as a professional to act in a more professional and diligent way to arrive at the conclusion that the suit land was not available to his client Sunday to Warran Mwesigye.
“He equally would have honestly and professionally advised the Uganda Land Commission not to deposit monies on his account. He instead knowingly and fraudulently uttered the forged documents to facilitate the illegal transaction,” the committee ruled.
In June 2022, the Committee on Commissions, Statutory Authorities, and State Enterprises (COSASE) investigated Buzibira and his law partner Kyle Lubega of M/s Lubega & Buzibira Company Advocates over compensation for land in Kagadi district where the lawyers paid only Shs318 million out Shs2bn.
When contacted, Buzibira said in a telephone interview that the decision was unfair and unfortunate against him.
He said that he will appeal against the decision for appropriate remedies.
