Kampala lawyer Richard Buzibira has been struck off the roll of advocates after the Law Council Disciplinary Committee found him guilty of professional misconduct involving fraud and negligence in a disputed land transaction.
In its ruling, the committee held that Buzibira’s actions amounted to gross professional misconduct under Section 27(5) of the Advocates Act.
“We have found that the respondent 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 gross, as many people, including the government, were affected,” the committee chaired by Moses Mushabebe Nabende ruled.
Other committee members included Dr Pamela Tibihikirra-Kalyegira and Abubaker Ssekanjako.
The committee ordered that Buzibira be struck off the roll of advocates and directed him to pay the complainant Shs10 million in compensation for inconveniences and legal costs incurred while prosecuting the complaint. He was also ordered to pay Shs2 million to the Disciplinary Committee.
According to the ruling, public resources were wasted through avoidable litigation and compensation costs arising from the lawyer’s conduct.
“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 are convinced that the respondent is liable for the fraudulent acts committed,” the ruling reads in part.
The decision followed a complaint filed by Pastor Daniel Walugembe, who accused Buzibira of forging instructions and powers of attorney allegedly issued by one Sunday Joseph authorising him to process compensation payments from the Uganda Land Commission (ULC).
Walugembe maintained that the land in question belonged to him and not to Sunday Joseph. The disputed property is located at Block 28, Plot 7 in Buyaga, Bunyoro Sub-region.
He argued that Buzibira’s conduct was fraudulent, unprofessional and caused him financial loss, anguish and inconvenience.
Walugembe had also sought an order compelling Buzibira to refund Shs1.2 billion allegedly obtained fraudulently, together with interest accrued since 2015 and costs of the suit.
Records before the committee indicated that Buzibira forged documents and signatures purportedly showing that Sunday Joseph had sold the land to Warren Mwesigye and that Mwesigye had authorised Buzibira to process compensation payments on his behalf.
However, Buzibira denied any wrongdoing and asked the committee to dismiss the complaint, arguing that Walugembe lacked the legal standing to sue.
A 2017 report by the Criminal Investigations Directorate (CID) reportedly implicated Sunday Joseph, Mugabe Robert, Warren Mwesigye, Buzibira and some Uganda Land Commission officials in a conspiracy to defraud Walugembe.
The committee further ruled that, as an advocate, Buzibira had a professional duty to verify the ownership status of the land before facilitating any transaction.
“He equally would have honestly and professionally advised the Uganda Land Commission not to deposit monies on his account. Instead, he knowingly and fraudulently uttered forged documents to facilitate the illegal transaction,” the committee ruled.
In June 2022, Parliament’s Committee on Commissions, Statutory Authorities and State Enterprises (COSASE) also investigated Buzibira and his law partner, Kyle Lubega of M/s Lubega & Buzibira Company Advocates, over compensation claims for land in Kagadi District. The committee heard allegations that only Shs318 million out of Shs2 billion meant for claimants was paid out.
Speaking by telephone after the ruling, Buzibira described the decision as unfair and unfortunate, adding that he intends to appeal against it.
