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Pader, Uganda | THE INDEPENDENT | Pader districts officials are up in arms of sh365 million land rent fees that they say should be shared with the sub-counties.
Sub-county officials have accused the Pader District Executive Committee (DEC) and former Pader district chief administrative officer, Robert Adebuason of diverting the money to yet unknown causes. Adebuason has however said the said monies were retained at the district, and have not been diverted.
The money is reportedly premium and land rent fees paid by Pura Organic Agrotech Limited on the 11th of December 2023.
“Our efforts to obtain the 65 percent as required by law were futile as the district kept silent on the remittance. Angagura sub-county leaders were not informed about the investor in question, and they were sidelined by the district executives while receiving the funds from the Pura Organic Agrotech Limited,” explains Stephen Freddy Okello, the Angagura sub-county chairperson.
Okello, in his letter dated 2nd of February 2024 and addressed to Pader RDC alleges that the former CAO shared the money with other district leaders which is contrary to the Local Government Act Cap 243 Section 85 subsection 2.
Meanwhile, Dickson Ojok, the Angagura sub-county councilor V, accused the district executives of unlawfully obtaining the premiums without the consent of the immediate landlord who are the residents of Angagura sub-county.
“We will not accept and allow taxes to be collected from Angagura unless the 65 percent is met by the district. Acholi Ranch land was given to Pura Organic Ltd without consultations of local communities, and over 300 people are facing evictions, he asserts.
Because the land in question lies in the jurisdiction of the Ker-Kwaro Acholi under the leadership of Rwot David Onen Acana II, the Payira clan, the Acholi paramount chief, Rwot Acana II distanced themselves from the land leasing saying the institution does not know about Pura organic Agrotech Limited, and the money given to the district.
The Ker Kwaro Acholi institution and the Payira clan pledges to carry out a thorough investigation into the alleged unlawful distribution of over Shs. 365million paid by Pura Organic Agrotech Limited for land premium and rent to the district authorities.
Earlier, the Pader LC V chairperson confirmed to the councilors during a full council meeting held in late December 2023 that the district has received some money from Pura Organic Agrotech Limited amounting to Shs 365.6million for land rent and premiums.
While responding to the allegations, when contacted for comment, the former Pader district Chief Administrative Officer, Adebuason refuted the claims saying that the embezzlement allegation is not true.
“The Angagura chairperson III is entitled to his opinion that I can’t stop him from expressing his views,” he asserts. However, when asked if there are funds in the district account, Adebuason did not respond to the question.
Earlier, Adebuason said that the money may be remitted after looking at several issues including how the sub-county was remitting revenues, among others. Without quoting ant law, he said the district is allowed to retain the money.
Meanwhile, the Pader district vice chairperson who doubles as the Latanya sub-county councilor V, Justine Ocen, responding on behalf of the district executives, labeled the claims as baseless and refuted it saying that the land leased to Pura Organic Agrotech Limited is a district land, and that, the district deserves all the rights to allocate whatever amount they want to Angagura sub-county.
Ocen confirmed to our reporter that the district received the money, but the money has not been used as alleged.
“The district will use the money for planned purposes as required, among which is expenses in the office of the district chairperson, chief administrative officer, council activities, statutory bodies, among others,” he explained.
He further explained that Pader district council passed a policy to give land to investors of which Pura Organic Agro Tech limited was allocated land in Acholi Ranch for a period of five years on leasehold terms.
“The land in question can only be handed over upon payment of premium, Ground rent and legal fee for leasehold title. This payment was duly made to the Pader district Local government account. By law this payment is part of the local revenue,” Ocen explained.
He was quoted stating that, “Local government Act mandates the local governments to spend 20 percent of its local revenue for the previous financial year on council operations. Council operations include operation funds for district Chair, district executive committee, District council speaker, Allowance for district councilors, funds for statutory bodies among others.”
According to him, the local revenue sharing between the district and sub county, the law is very clear on who should get what based on who owns the assets generating the funds.
In 2023, a total of 3,500 hectares of land believed to be part of Acholi Ranch was leased to Pura Organic Agrotech Limited at a tune of Shs.365,470,000 on 11th December 2023 under receipt voucher number 06878.
Court records indicate that, in 2019, a group of five petitioners who included Rtd Justice Galdino Moro Okello, Rtd Bishop Macleod Baker Ochola II, Livingstone Okello Okello, Rosalba Oywa and Center for Public Interest Law Limited petitioned the constitutional court in Kampala to block districts in Acholi from leasing it as the rightful owners since it was a customary land.
The court ruled that; the land in question is a customary land, and that, the district land board cannot grant leases out of the land which is not vested in them, and the leases can be granted by the customary owners of the land, and the lease grant facilitated by the district land board under article 241 (1) (b) of the 1995 constitution.
However, the district land board went ahead and instructed the district to lease the land as the rightful owners.
When contacted over the matter, Julius Nyeko, the Pader district acting land officer declined to respond. Meanwhile, the Pader CAO, Michael Wangi declined to comment saying he just joined the district 2024, adding that he does not know about any court ruling.
Aruu county former MP, Samuel Odongo Otoo and current Aruu North MP Santa Okot condemned the district authorities for leasing the land to Pura Organic Agrotech Limited, threatening to opt for legal redress to handle the matter.
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