Ex-NIDA boss still awaits bail application response

31Aug 2016
Karama Kenyunko
The Guardian
Ex-NIDA boss still awaits bail application response

THE fate of bail application in abuse of office and occasioning loss of more than 1bn/- case facing former National Identification Authority (NIDA) director general, Dickson Maimu, and four others is to be known on September 2, this year.

Dickson Maimu

That comes after the defence advocate, Godwin Nyaisa finished submission of bail application filed last week before the High Court in Dar es Salaam Zone.

Following the submission, the prosecution led by State Attorney Shadrack Kimaro asked the court to grant them time to respond to the submission.

Presiding Judge Eliezer Feleshi adjourned the case until September 2, where the prosecution will reply to the matter.
In the application, the accused persons are seeking for bail, pending committal proceedings conducted at the Kisutu Resident Magistrates’ court and that the court should impose on them reasonable bail terms and conditions.

On their affidavit to support the application for bail, the advocates raised ground saying that the accused arraigned before the Kisutu Resident Magistrate’s Court on August 7, this year.

They appeared before Principal Resident Magistrate Respicious Mwijage, where they faced 27 charges 16 related to abuse of office, six related to using misleading documents, four involving occasioning loss to a specified authority, and one count of conspiracy to commit an offence.

Other accused who were seeking bail are Manager of Finance and Accounts Benjamin Mwakatumbula, Transport Officer George Ntalima, Director of Legal Service Sabina Raymond, and Xavery Kayombo, whose official capacity was not disclosed and Astery Ndege, the Director of Aste Insurance Brokers Company Limited.

He said that the accused offences fall under the Economic and Organised Crimes Act, which is tried by the High Court due to the fact that the total monetary value alleged exceeded 10m/-, which the Kisutu court does not have jurisdiction to entertain and determine any application for bail to the accused.

They claimed that the offences which the accused are charged with are all bailable and that the accused have reliable sureties to secure their attendance in court whenever required.

He stated that before being taken to the court, the accused had been arrested by officers of the Prevention and Combating of Corruption Bureau (PCCB) and the Police Force but were released on bail. He added that they are all permanent residents of Dar es Salaam and have families who depend on them.

The advocates further submitted that their clients are ready and willing to unconditionally comply with and be bound by the reasonable conditions and terms that the court will deem fit to impose on the grant of bail to them.

Among the allegations was that between 2010 to 2014, at the NIDA head office in Dar es Salaam, Maimu and Mwakatumbula intentionally abused their positions as NIDA top officials by authorising and affecting payments to Gotham International Ltd (GIL) without using the prevailing official exchange rate at the time, thus causing GIL to obtain an undue monetary advantage.

Maimu and Mwakatumbula, along with Ntalima, also abused their positions by authorising and affecting payments to Aste Insurance Company Ltd through different invoices, which also allowed the insurance firm to obtain an undue monetary advantage.

All the offences were under the Economic and Organised Crime Control Act and the Prevention and Combating of Corruption Act.
Maimu, together with co-accused Mwakatumbula, Raymond, Kayombo and Ntalima, is also alleged to have caused NIDA to suffer a pecuniary loss totaling 1,169,352,911/- between 2010 and 2013.

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