FORMER Director General of the National Identification Authority (NIDA),
Dickson Maimu, and seven other senior officials appeared before the
Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday.
Other
accused persons are Avelin Momburi, the authority’s Director of
Business Support; Benamini Mwakatumbula, Manager of Finance and
Accounts; Joseph Makani, Budget and Estate Manager; George Ntalima,
Transport Officer and Sabina Raymond, Director of Legal Services.
The
rest are Xavery Kayombo, whose official capacity was not disclosed and
Astery Ndege, the Director of Aste Insurance Brokers Company Limited.
The
accused persons are also facing charges relating to use of documents
intended to mislead principal and conspiracy to commit an offence.
Before
Principal Resident Magistrate Respicious Mwijage, the accused persons
were not allowed to enter plea to the charges because they are charged
under Economic and Organised Crime Control Act.
They were all
ordered to go to remand until August 31, when the case will be
mentioned. Investigations into the case, according to the prosecution,
led by Senior State Attorney Awamu Mbangwa, have not been completed. The
magistrate ordered that bail would be considered by the High Court
since the amount involved in the matter exceeded 10m/-.
But he
said he would deliver a ruling on bail application for Mobuli and Makani
on Friday, following arguments that the two accused persons do not face
economic charges like the others.
Other members of the
prosecution team are Mr Leonard Swai, Ms Janeth Machuria, Mr Joseph
Kiula and Ms Fatma Waziri. The prosecution alleged that on diverse dates
between 2010 and 2015, being employed in the public service, Maimu and
Mwakatumbula abused their positions by effecting payments to Gotham
International Limited worth 5.175 million US dollars and 6m/-.
It
was alleged that the accused did not use selling exchange rates
established by the Bank of Tanzania (BoT) in violation of Clause 19.3 of
the agreed contract between NIDA and such company, thereby causing the
same to obtain undue advantage and causing loss of 167,445,676.67.
It
is alleged further that on diverse dates between August and November,
2012, at NIDA, Maimu, Mwakatumbula and Ntalima, abused their positions
by authorising and effecting inflated payments of insurance premium to
Aste Insurance Brokers Company Limited amounting to 117,020 US dollars.
The
prosecution told the court further that between February and April
2012, at NIDA offices, while discharging their duties, Mombuli,
Mwakatumbula and Ntalima abused their positions by effecting
22,582,281/- to the insurance company, thus causing it to obtain undue
advantage of the said amount.
It is alleged that Ndege, being the director of the
insurance company contracted by NIDA to provide insurance services, with
intent to defraud or deceit his principal, intentionally used several
invoices containing false particulars purporting to be insurance premium
of four per cent of the insured amount.
As a result, the
prosecution claims, the insurance company obtained undue advantages. The
court heard further that Maimu, Mwakatumbula, Ndege and Ntalima, by
their willful acts, caused NIDA to suffer a loss of 55,312,800/-.
The
prosecution told the court that on diverse dates between 2012 and 2013
at NIDA offices, while discharging their duties, Maimu, Mwakatumbula and
Makani intentionally abused their positions by authorising and
effecting additional payments of 24 million US dollars to Iris
Corporation Berhad.
It was alleged that such payments were given
for a proposed new schedule to fast track delivery of cards and
equipment without amendments of the existing contract - in violation of
Clause 45 of the General Conditions of Contract between NIDA and the
company. Such act conferred the corporation undue advantage of the said
amount.
In June 2013 at NIDA offices, Mwakatumbula, Ntalimamand
Kayombo allegedly conspired to commit offence under the Prevention and
Combatting of Corruption Act, which is using documents, intended to
mislead principal.
It is alleged that in June 2013 at NIDA
offices, Mwakatumbula and Ntalima, with intent to defraud their
principal, NIDA, used a minute sheet containing false particulars
purporting to show that Gwiholoto Impex Limited deserved payments of an
outstanding balance of 45,515,961/- while it was false.
The
prosecution further alleged that in June 2013, at NIDA offices, while
discharging their duties, Mwakatumbula and Ntalima abused their
positions by authorising and effecting payments of the said amount to
Gwihololo Company, thus causing the same to obtain undue advantage of
the amount.
It was also alleged that in June 2013, at NIDA
offices, by their willful acts, Mwakatumbula, Ntalima and Kayombo caused
the authority to suffer loss of the said amount.
The court was
told also that between August 2010 and November 2011, at NIDA, Maimu and
Raymond intentionally abused their positions by procuring the School of
Law, formerly Faculty of Law of the University of Dar es Salaam (UDSM),
in association with M-0S Law Partner, a provision for consultancy
services.
Such services, it is alleged, related to review of
existing legislations and propose a legal framework to support the
implementation of the National Identification programme, knowing that
there was in existence of a similar contract between NIDA and Gotham
International Limited.
The prosecution alleged that as a result,
such company, Gotham Company, obtained undue advantage of 901,078,494/-.
Between November 2011 and April 2012, at NIDA, by their willful acts,
Maimu and Raymond caused the Authority to suffer loss of the said amount
