KAMPALA, Uganda : Kampala lawyer Richard Buzibira has been banned from legal practice over professional misconduct related to fraudulent dealings.
The Law Council Disciplinary Committee ruled that Buzibira committed acts of fraud and negligence, which amount to gross misconduct under Section 27(5) of the Advocates Act.
“We have found that the respondent (Buzibira) committed professional misconduct involving fraud and negligence. The acts by the respondent caused gross loss and all sorts of inconvenience. Such conduct, in our view, was grave, as many people, including the government, were affected,” ruled the committee chaired by Moses Mushabebe Nabende.
Other committee members were Dr. Pamela Tibihikirra-Kalyegira and Abubaker Ssekanjako.
“That the respondent advocate is struck off the roll of Advocates. That the respondent advocate pays the complainant Shs10 million for the inconveniences caused and costs incurred in prosecuting this complaint,” the committee held, before directing Buzibira to also pay the Disciplinary Committee Shs2 million.
The lawyers’ disciplinary committee explained that public resources were wasted through litigation and compensation costs that could have been avoided if the lawyer had acted professionally.
“We found the evidence by the complainant to be coherent, consistent, plausible, and more believable. We find that the presentation of forged documents was intended to facilitate fraudulent acts. We find that fraudulent acts were indeed committed, and we are convinced that the respondent is liable for the fraudulent acts,” reads part of the disciplinary decision.
The ruling followed a successful complaint filed by Pastor Daniel Walugembe, who accused the lawyer of forging instructions and powers of attorney purportedly from Sunday Joseph, claiming he had been instructed to process payments from the Uganda Land Commission arising from a land sale.
Walugembe stated that the land belonged to him and not to Sunday Joseph. He added that he had written to the Uganda Land Commission regarding the sale of land at Block 28, Plot 7 Buyaga, in the Bunyoro sub-region, involving himself and Sunday Joseph.
According to Walugembe, Buzibira’s actions were unprofessional and fraudulent, causing him financial loss, anguish, and inconvenience. He asked the Law Council committee to order Buzibira to refund Shs1.2 billion allegedly obtained through fraudulent means, together with interest from 2015 until full payment, as well as costs for prosecuting the case.
Records show that Buzibira allegedly forged documents and the signature of Sunday Joseph to indicate that Joseph had sold the land to Warren Mwesigye, who in turn assigned Buzibira to process payments to himself, which was not the case.
However, Buzibira denied any wrongdoing and asked the committee to dismiss the case, arguing that Walugembe had no locus standi.
A 2017 report by the Criminal Investigations Directorate (CID) indicated that Sunday Joseph, Mugabe Robert, Warren Mwesigye, Buzibira, and some Uganda Land Commission officers conspired to defraud Daniel Walugembe.
The Law Council Disciplinary Committee held that Buzibira, as an advocate, had a professional duty to act diligently and establish that the suit land was not legally available for transfer from Sunday Joseph to Warren Mwesigye.
“He equally would have honestly and professionally advised the Uganda Land Commission not to deposit monies onto his account. Instead, he knowingly and fraudulently uttered 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 allegedly paid out only Shs318 million out of Shs2 billion.
When contacted, Buzibira described the decision as unfair and unfortunate.
