UWA And URA Appeal Court Ruling On Impounded Ivory

Uganda Radio Network

March 1, 2014

In a statement issued to the media, Dr. Maria Mutagamba, the Minister of Tourism, Wildlife and Antiquities says the decision by the High Court judge is against the laws in a country that outlaws trade in ivory and other protected species.
Uganda Wildlife Authority and Uganda Revenue Authority have lodged an appeal against the Nakawa High Court ruling ordering the tax body to release 2.9 tones of impounded ivory to Emile Kasumba Ogane. On October 17th, 2013, URA impounded a container with 832 pieces Ivory at Ken freight Inland Container Depot-ICD in Bweyogerere. The consignment was taken to URA customs stores for safe custody pending investigations of the matter and possible reprimand of the culprits.

Police was also notified for purposes of investigation to find the source of the ivory and have the people involved arrested and prosecuted. Preliminary investigations led by police Owino Odhiambo, Kenya national and a Congolese national Emille Kayumba Ogane. The Kampala Chief Magistrates court at Kampala issued arrest warrants for the said suspects and the police and other security agencies are still searching for the whereabouts of the suspects for purposes of effecting arrest.

UWA accused the suspects of acquiring or having possession of prohibited goods contrary to Section 200(d)(i) of the East African Community Customs Management Act 2004, and Being in illegal possession of wildlife protected species without permission contrary to the provisions of the Uganda wildlife Act. However, through Geoffrey Nagumya and Company Advocates, Ogane filed an application in court demanding the release of his ivory consignment arguing that he had a license to trade in the contraband goods from DR Congo government.

He also argued that the impounded Ivory was in transit to Mombasa and therefore could not be affected by the East African Customs Regulations and Convention on International Trade in Endangered Species. In his ruling on Monday, Justice Wilson Masalu Musene concurred with the applicant and ordered for the unconditional release of the 832 pieces of ivory. However, the ruling didn’t go down well with Uganda Wildlife Authority and Uganda Revenue Authority who said they could not allow the decision to go unchallenged.

In a statement issued to the media, Dr. Maria Mutagamba, the Minister of Tourism, Wildlife and Antiquities says the decision by the High Court judge is against the laws in a country that outlaws trade in ivory and other protected species. She says the decision also goes against the Convention on International Trade in Endangered Species. She says a team of lawyers from both UWA and URA have already launched an appeal. Mutagamba says their lawyers have also applied for an injunction to stay the execution of the court order.

Below is the full statement;

MINISTRY OF TOURISM, WILDLIFE AND ANTIQUITIES

PRESS STATEMENT ON THE RULING OF JUSTICE WILSON MASALU MUSENE IN MISCELLANEOUS CAUSE NO.49 OF 2013 KAYUMBA EMILE OGANE VS UGANDA REVENUE AUTHORITY OVER IVORY TRAFFICKING

We have received with shock; the ruling of Justice Wilson Masalu Musene that Uganda Revenue Authority should hand over confiscated ivory to their owners (criminal suspects who are on the run and have arrest warrants issued against them). The sector is in great shock over the ruling.
This case was filed by one Kayumba Emile Ogane against URA seeking orders for release of 832 pieces of Ivory confiscated by URA, that the Uganda Police, Uganda wildlife Authority and all other authorities in Uganda give effect to the release order.
Background to this case
On 17th October 2013, we received information from URA that a container with 832 Ivory had been discovered at Ken freight Inland Container Deposit (ICD) Bweyogerere. We immediately sent a team of law enforcement officers and wildlife experts from Uganda Wildlife Authority in company of police, who confirmed that the items were indeed ivory. The consignment was then taken to URA customs stores for safe custody pending the investigations of the matter and possible reprimand of the culprits.
The matter was accordingly reported to police for purposes of investigation to find the source of the ivory and to have the people involved arrested and prosecuted. The suspects identified by the preliminary findings were Owino Odhiambo (Kenyan national) and Kayumba Emille Ogane (Congolese national) who are still at large. The Chief Magistrates court at Kampala issued arrest warrants for the said suspects and the police and other security agencies are still searching for the whereabouts of these suspects for purposes of effecting arrest.

Offences committed by the suspects
Acquiring or having possession of prohibited goods contrary to Section 200(d)(i) of the East African Community Customs Management Act 2004,
Being in illegal possession of wildlife protected species without permission contrary to the provisions of the Uganda wildlife Act.
Status of the Criminal case
The investigations were completed, the file was sanctioned for prosecution, an agent of Kayumba Ogane, one Ocaya David was arraigned before court for prosecution as an accomplice to the commission of these offences under this matter, but was released on bail.
The main suspects Owino Odhiambo (Kenyan national) and Kayumba Emille Ogane (Congolese national) are still at large and the police and other security agencies are looking for them including Interpol and LATF.
At national level, Uganda as sovereign State, prohibited any dealing in wildlife species and specimens without permission and specifically prohibits possession, trade, import, export, re-export and re-import of wildlife products and species including ivory.
Elephants are listed among the highly endangered wildlife species under the United Nations Convention on International Trade in Endangered Species to which Uganda is party and bound by the resolutions. Any unauthorized trade in ivory and other related products is prohibited.
High Court Miscellaneous Cause No.49 of 2013 Kayumba Emile Ogane Vs Uganda Revenue Authority
As a ploy to defeat the efforts of the various agencies in investigating the illegal possession and purported transportation of illegal ivory, and to frustrate the prosecution of the offenders in the above case, the suspects through their lawyers decided to file the above suit seeking for unconditional release of the said ivory.
Hon. Justice Wilson Masalu Musene unfortunately agreed with the applicant that the ivory was unlawfully confiscated and ordered that the same be immediately released.
It is however very unfortunate and dismaying that such a ruling would be given with total disregard to the requirements of the law before such consignments can be allowed to transit which were never complied with.
It is also important to note that any import, export or re-export of wildlife species require clearance by the relevant countries Management and Scientific authority CITES which is the Ministry of Tourism Wildlife and Antiquities and Uganda Wildlife Authority respectively but which was never complied with. It is a legal requirement that any import, export or re-export of any wildlife species and or specimens through Uganda requires clearance by both Uganda Wildlife Authority and the Ministry of Tourism Wildlife and Antiquities which I represent.
The suspect concealed the said goods and never declared to URA at customs points and only disguised the same as coffee meant for export. If the ruling of the honorable Justice is implemented, it will contravene the law and will cause absurdity to conservation as it will be setting terrible precedent by giving poachers and illegal wildlife traders a blanket protection.
Conclusion
We are very dismayed by the said Judgment and the likely implications it has for Uganda as a contracting Party to CITES Convention. But most importantly, the damage this has on tourism development and wildlife conservation in Uganda.
A team of lawyers of Uganda Wildlife Authority and Uganda Revenue Authority have already filed a notice of Appeal to challenge the Judgment
Application for an interim order to stay execution of the judgment and filing of the appeal will also be immediately done.
We shall decisively pursue the criminal prosecution of suspects (Owners of the confiscated ivory) until they are brought to book. Security Agencies continue to pursue these suspects who are at large.
I want to call upon all the organs of the State to proactively support Government effort to stamp out illegal wildlife trade and trade and trafficking in order to conserve our heritage and its associated tourism development which is a vehicle for social transformation of our economy.
For God and My Country

Hon. Dr. Maria Mutagamba
Minister

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