Facts about the Alleged Corruption Case in the Office of the President of the Republic of South Sudan

By Joseph*

South Sudan Court sentencing the 16 officials to death for corruption, forgery and many other charges committed in the office of the president(Photo: supplied/Nyamilepedia)

South Sudan Court sentencing the 16 officials to death for corruption, forgery and many other charges committed in the office of the president(Photo: supplied/Nyamilepedia)

Nov 22, 2016(Nyamilepedia) ——- Before the independence of South Sudan, the Office of the President of the Government of Southern Sudan (GOSS) was getting its office stationeries from Syria through the Office of the then First Vice President in Khartoum.

Immediately after the independence of South Sudan, Athorbei Gaddhaffy was introduced to the Executive Director in the Office of the President Mr. Yel Luol Koor, by Hon. Telar Ring Deng, the then Presidential Advisor on Legal Affairs together with Joseph Dut Kuoi, the then Acting Chief of Protocol and Jimmy Deng Makuach who was by then the Note Taker to the President.

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Athorbei Gaddhaffy was then introduced and strongly recommended as a supplier of stationeries and services to the Office of the President and he immediately started supplying those items and services from 2011-2012. Within this period Athorbei Gaddaffy was able to supply; stamps, folders, letterheads, writing pads, computers with completed accessories, portraits, Christmas trees and presidential promotional items for a total amounts of USD 8,614,432 and SSP 711,500. The supply of those items was done to the satisfaction of the Office of the President.

In 2013, Athorbei Ghaddaffy started to create problems by proposing and submitting to the office some projects which were not budgeted for e.g. construction of mini-petrol station at the site of the General Administration worth USD 3 Million and another project of supply of food items to Abyei Administrative Area which was also worth USD 7.9 Million. These projects were rejected by the Executive Director (Yel Luol Koor) and the Chief Administrator (Mayen Wol Jong) because they were not part of 2012 – 2013 Approved Budget. Because of this rejection, Athorbei and his group with whom he initiated those projects became discontented and started threatening the two senior officials (Yel Luol and Mayen Wol).

After wrangles over the project, Athorbei was then arrested on 20/6/2013 because of the scandal involving the two former Ministers of Cabinet Affairs and When he was released in February 2014, Athorbei Gaddaffy tried to resume his previous business of supplying stationeries to the Office of the President but was rejected by the Executive Director for two reasons:

  1. His involvement in the case of corruption
  2. John Agou was already given the same business Athorbei was undertaking before he (Athorbei) was arrested.

After all the above, Athorbei again threatened both the Executive Director and the Chief Administrator of implicating them to see into it that they are removed from their respective positions. He and his group then created a number of scenarios to achieve this purpose.

He published in one of the social media namely Nyamilepedia that the sum of USD 36 Million was stolen by Yel Luol and Mayen Wol and banked in what he termed as an off-shore account in Kuala Lumpur, Malaysia. This article was printed and presented to H.E the President of the Republic but it turned out to be baseless.

He again published in the same social media that a sum of USD 12 Million was stolen by Yel Luol, Mayen Wol, John Agou and Kondok Aguek which was printed and presented to H.E the President. This time the president reacted by summoning Hon. Aggrey Tisa the then Minister of Finance for inquiry. The Minister explained to the President that the issue was a baseless allegation. The same matter was also investigated by a committee headed by Brig. Gen. Ramadan Chadar which was formed by the Director General of Internal Security Bureau, Gen. Akol Koor Kuc but it was also found to be baseless.

After the failure to prove the above two scenarios, Athorbei Ghaddaffy sent Athian Akech Ong’a, a Legal Counsel in the Department of Legal Administration in the Office of the President, to Yel Luol that he was aware of the sum of USD 500 Million stolen by him (Yel) and that he had all the evidence in form of documents from Finance and the Central Bank of South Sudan. Thus Athorbei requested Yel through the same messenger (Athian) that he was ready to destroy all those documents and clear him from this scandal if and only if he was paid a sum of USD 50 Million by Yel Luol Koor. This was a surprise to Yel who did not even had any idea about such amount of money and so he permitted Athorbei to go on with whatever process he thought he could do. After this Yel reported the matter to the Director General of Internal Security Bureau (ISB) who in turn formed another three men committee headed by the same Gen. Ramadhan Chadar to investigate the matter. This committee started its task by summoning Mr. Athian Ong’a who was the source of information. When interrogated, Athian confessed that the following people were involved;

  1. Athorbei Gaddaffy
  2. Nyuol Justin Yaac
  3. Lual Machar Diing
  4. Bol Akok
  5. Ngong Akok Akol
  6. Akuchwel Mathiang Magordit
  7. George Gum Thuc Muorwel

All the above persons were issued travel ban by General Akol Koor the Director General of ISB for the purpose of the investigation. Nevertheless, Nyuol Justin wanted to travel to Nairobi on the next day but was prevented at the airport. He (Nyuol Justin) called the then Brig. General Akok Noon Akok who was by then in Nairobi on mission with the President informing him of his ban. After reporting the matter to the President, Brig. Gen. Akok rang Gen. Akol Koor to inform him of cancellation of the ban as per directives of the President. This eventually resulted into cancellation of the investigation and that brought the whole issue to an end.

D). In continuation of his fight against Mr. Yel Luol Koor, Mayen Wol and his brother John Agou Wuoi, Athorbei resorted to fabrication and concoction of an intelligence report alleging the transfer of sum of USD 500 Million by John Agou to his bank account in Nairobi in favour of Yel Luol and Mayen Wol Jong. Therefore, this report was channeled to Director General of General Intelligence Bureau (GIB) through Capt. George Gum Thuc who is a shareholder of Jupiter Printing and Supplies Ltd, the company owned by Athorbei Gaddaffy. This intelligence report attracted some individuals outside and inside the Office of the President who were interested in the removal of Yel Luol and Mayen Wol from their respective positions for the reasons best known to them. The few examples of those individuals are; Ambassador Bol Wek Agoth, Gen. Akok Noon Akok, Biel Jok Thich and Maj. Napoleon Adok Gai.

The report was finally presented by the Director General of GIB Gen. Thomas Duoth Guet to H.E the President as case of corruption in his office.

After receiving this fabricated report, the President consulted with his Legal Advisor Molana Lawrence Korbandi and the Minister of Justice Hon. Paulino Wanawilla who advised the President to order the arrest of John Agou Wuoi. The President further directed the Minister of Justice to form seven men committee to investigate the case. The committee was formed and the following were the members;

No. Name in Full                                          Ministry               Position

  1. Deng Achuil Adija Ministry of Justice                Chairperson
  2. Angelo Sebit   Ministry of Justice     Member
  3. Sabri Wani     Ministry of Justice     Member
  4. Ater Nichola Ministry of Interior    Investigator
  5. Charles Chiec GIB                             Member
  6. Gen. Mawien Mawien Arik ISB                              Member
  7. Mangar Gordon Ministry of Interior    Member

The investigator Col, Ater Nicholas was later on dismissed, arrested and replaced by Col. Vasilio Thomas Wani. Col. Ater was arrested by GIB and the investigation committee because he resisted the arrest of people without direct link to the issue under investigation.

On 29th May 2015, John Agou was arrested together with 11eleven employees of his company Click Technologies Ltd by GIB authorities, and on Thursday 16th June, 2015 John Agou was investigated by the two DGs , Gen. Thomas Duoth and Gen. Akol Koor Kuc on alleged transfer of USD 500 Million to his bank account in favor of Yel Luol and Mayen Wol.

In response John Agou was shocked and surprised and requested the two DGs to show him the bank and account names in order for him to sign off the alleged money to them.

The interrogation was subsequently twisted and reported to the President as a confession from John Agou in order to implicate Mayen Wol and Yel Luol and to mislead the President to order for the suspension, arrest and put them under investigation to answer the alleged corruption in the Office of the President.

On Wednesday 25th June 2015, the President called Yel and informed him that John Agou was arrested and interrogated by the GIB and “he has implicated you and Mayen, so I am going to suspend and send both of you to Gen. Thomas Duoth to clear yourselves”. True to his words, the President suspended Mayen Wol and Yel Luol on the same day and handed them over to GIB which formally put them under house arrest for a month and finally were transferred to GIB on the 23th July 2015 where they were detained under solitary confinement for more than a year till the conviction date on 13th June 2016.

Having failed to prove the alleged USD 500 Million, the GIB and the investigation committee surprisingly shifted to auditing of the Executive Office of the President and the General Administration as the basis of the case.

It is worth mentioning that the case was opened on the 3rd June 2015 based on the intelligence report of USD 500 Million for which John Agou was arrested on the 29th May 2015 followed by the suspension and arrest of Yel Luol Koor and Mayen Wol Jong on the 25th June 2015.

The auditing which became the new basis of the case started on the 10th of August 2015 when all the accused persons were already under detention. Here there are two questions which come to mind. The first question is, how did the GIB and the investigation committee shift from investigating the intelligent report of USD 500 Million to auditing of the Office of the President? The second question is, if the new basis of the case is auditing, is it fair for the accused persons to be arrested and detained before the auditing is conducted?

It is known worldwide that the auditing comes before establishment of a case and the audit report is always the basis of any genuine case and therefore this case is just a true and clear violation of justice.

The auditing team failed to prove any wrong doing and so the investigation committee resorted to the total denial of the items bought with the amounts of the case which are USD 14,211,078 and SSP 30,994,831.

The investigation committee persuaded, instigated and intimidated the staff of the Office of the President who were responsible for the receipt of the items to deny that fact. The staff in question were;

  1. Akot Guot Akol
  2. Abraham Angach Akot
  3. Barnaba Mathuch Anei
  4. Angelika Juru Aganas
  5. Chaat Paul Nul
  6. Garang Aguer Akok
  7. Majok Mading Majok.

Despite the intimidation, Chaat Paul Nul and Garang Aguer did not adhere to the investigation committee and that is why they ended up being arrested, prosecuted and convicted for life.

When the investigation committee and GIB were not contented with the results of both intelligence and the auditing reports, they then resorted to conduct intensive, illegal and unlawful search in the houses of the following persons;

  1. Mayen Wol in Juba and Kuajok
  2. Yel Luol Koor in Juba and Akon (Maper Agaal)
  3. John Agou’s house and company’s premises in Juba
  4. Kur Ayuen’s house in Juba

The search was illegal in the sense that it was the investigation committee issuing the search warrants instead of the court and the search itself was carried out by security personnel of the GIB. In all the houses they had searched many valuable things were looted e.g. cars, computers, utensils, personal documents and cash money etc.

The bank accounts of Mayen Wol and Yel Luol were searched both in the country and outside but to no avail.

It was also clear that the GIB which was the complainant was also involved in the investigation, the auditing, the arrest, the detention, the search and the prosecution. The GIB officers were also part of the team which went to Kigali for Forensic Laboratory investigation.

On the 22nd February 2016, the case was finally presented to the court which was presided over by Judge Ladu Armenio. During the trial, the GIB had played the following negative roles which resulted into miscarriage of justice.

They lied, deceived and mislead the judge that the President wanted these people convicted because it was his case.

The GIB forces intimidated at gun point the defense lawyers and witnesses e.g. Kiir Chol Deng, Kur Lual Kur and Witness Ater Nicholas inside and outside the courtroom.

The GIB authorities denied the accused persons the rights of;

  1. meeting with family members.
  2. medical treatment especially for Mayen Wol who was medically referred for further treatment and Yel Luol who is diabetic.
  3. bail
  4. meeting with lawyers during investigation and trial
  5. Intervention into the process of arrests e.g. kidnapping Mrs. Anyieth Chaat Paul from Nairobi to Juba.
  6. Solitary confinement, physical and mental torture of the accused persons during detention period which was more than a year.
  7. During the trial, some of the above mentioned atrocities were committed by the GIB forces in the court premises/room in full knowledge of the judge who condoned them.
  8. The judge was unfair to the accused persons in his trial and judgment because of the following;
  9. The case was originally about USD 500 Million based on the intelligence report but it was shifted to auditing in the Executive Office of the President, had the judge been fair he would have quashed the case for that reason.

In any genuine case, the accused persons are informed of the offence they have committed at the beginning of the investigation and trial which never happened in this case.

The complainant Maj. Gen. Paul Nang Majok had stated in the court that he was ordered by Gen. Thomas Duoth to arrest John Agou and staff of his company. However, he confirmed in the court that he had no case against the following persons;

  1. Anyieth Chaat Paul
  2. Yel Luol Koor
  3. Mayen Wol Jong
  4. Ring Ajing Juk
  5. Nhomuot Agoth Cithiik
  6. Anna Kalisto Ladu
  7. Garang Aguer Akok
  8. Kur Ayuen Kou
  9. Chaat Paul Nul
  10. Francis Yatta Justin
  11. Anyang Majok Ayuen

Had the judge been fair he would have quashed the case against the above mentioned 11 people since the complainant had stated clearly that he had no case against them.

  1. The case was originally presented to the court as a corruption case but the South Sudan Anti-Corruption Commission which is a legally mandated institution was not involved in the investigation.
  2. None of the sixteen accused persons had benefited personally from the amounts which are the subject matter of the case. Instead the money had all gone to companies of John Agou, Athorbei Gaddhaffy and Simon Lupai for items and services already delivered to the Office of the President from 2011 – 2015. This was confirmed by the investigator Gen. Thomas Vasilio Wani and the Auditor Mr. Venansio before the court during trial and that is why there was no mention of any money against each accused person. Therefore, is it fair for the judge to convict the sixteen people to life imprisonment, pay back the amount of the case and confiscate their properties?
  3. If the amounts of Athorbei’s companies, Lupain Group INC and the alleged double payment said to have been made by Francis Yatta are summed up and subtracted from the whole amount of the case; then the balance for John Agou’s companies, which were sued, will be the sums of USD 4,006,665 and SSP 30,283,331. Had the judge been fair, he would have made this simple arithmetic and consider the latest as the real amounts of the case. This argument can be substantiated by the fact that no case had been instituted against both Athorbei Ghaddaffy and Simon Lupai Lemi. Also there was no actual payment made about the amount claimed to have been double paid by Francis Yatta because the payment was suspended by the investigation committee at the Central Bank of South Sudan.

The below table shows the details of amount paid to each company by the Office of the President for the period between July 2011 – June 2015:

S/No Particulars Amount

In SSP

Amount

In USD

Remarks
1. Athorbei Ghaddaffy’s Companies 711,500 8,614,432 No case opened

Against him

2. Simon Lupai’s Companies

(Lupain Group)

——– 1,174,763 No case against him too
3. Francis Yatta’s Claimed Double Payment ——— 415,218 Not paid out
4. John Agou’s Companies 30,283,331 4,006,665 The actual Amounts of the alleged case
Totals 30,994,831 14,241,078 Not amounts of the case as claimed

The confiscated properties e.g. vehicles and computers have no connection with the case and this had been confirmed by the prosecution witness Mr. Simon Lupai, defense witness Bak Mayen Ring and the document of the declaration of assets of Yel Luol which was collected from Anti-Corruption Commission by the investigation committee.

The judge, with intention to incriminate Mayen Wol and Yel Luol, had misinterpreted their declared properties to be evidence for money laundering.

The judge had exposed defense witnesses by reading out their names before the court which enabled the GIB forces to harass and intimidate them. But he did not do the same to the prosecution witnesses.

The judge did not consider testimonies of the defense witnesses during the conviction unlike the testimonies of some prosecution witnesses which he had fully taken into consideration. This raised some doubts as to whether the judge had recorded those testimonies in the case dairy or not.

The signature of the President had not been used in any way for forgery instead it was on the computer laptop of Click Technologies Ltd for the purpose of processing Official Portraits of the P The signature was officially approved and offered to the company in the year 2012 by three men committee composed of the following;

  • Telar Ring Deng, the then Presidential Advisor on Legal Affairs.
  • Dr. Barnaba Marial Benjamin, the then Minister of Information and Broadcasting.
  • Emmanuel Lowilla, the then Minister in the Office of the President.

Had the judge been fair, he would have dismissed this claim in order to avoid misleading the leadership and the public alike.

  1. The Seal of the President, the Seal of the SPLA Chief of General Staff, the stamps of the SPLM Party and the Greater Pibor Administrative Area (GPAA) were not used in any way for forgery. Yet the judge deliberately considered them to be evidences of forgery in his judgment. It is worth mentioning that Click Technologies company is the one which manufactured these seals and stamps on the request of the above mentioned institutions. This fact was also confirmed by prosecution witnesses before the court, for example, Majok Mading Majok from the Office of the President, Dut Yai Anyar from the Office of SPLA Chief of General Staff, Ahou Garang from SPLM Secretariat General etc.
  2. The judge had unfairly confirmed false accusations made by prosecution against each individual in order for him to pass his unjust conviction.

The aforesaid false accusations against each individual can be summarized as follows;

  1. John Agou Wuoi, was accused of;
  2. Non delivery of items and services for which he was paid the sums of 30,283,331 SSP and 4,006,665 USD.

This was not true because the delivery was actually done to the satisfaction of the Office of the President as confirmed by both prosecution and defense witnesses during their testimonies in court.

  1. Forging the signature of the President, his seal and all the above stated stamps in order for him to get paid the sums mentioned. This had never happened as it was confirmed by both the investigator and the Auditor confirmed to the court that the signature and the seal of the President were not used anywhere on any documents by John Agou to request for payment either from the Ministry of Finance or the Central Bank of South Sudan.
  2. Having been involved in business while serving as Security Officer which was considered to be against the National Security Service Act 2014.

This claim was not true because John Agou was involved in this business before enactment of security law and he also was officially allowed by his Director General, Gen Akol Koor Kuc to continue his business while serving as security officer; this was in turn the reason why John Agou was supplying stationeries and services to the Office of the President, Internal Security Bureau (ISB) and General Intelligence Bureau (GIB) until the time of his arrest.

  1. Anyieth Chaat Paul, was accused of;
    1. Being a shareholder in two of the companies owned by her husband John Agou and this is not a crime. Is it fair for a shareholder to be held responsible for activities of corporate body legally registered?
  1. Yel Luol Koor, was accused of;
    1. Having been signing financial requests to finance for the Executive Office of the President while he was not the Accounting O

This was not true because Yel had been officially authorized to sign all financial documents for the Executive Office of the President by the Minister in the Office of the President since the inception of the Government of Southern Sudan (GOSS) until now.

  1. Having been processing financial requests without advertisement. This is not true because the Executive Office of the President is a classified institution which does not require advertisement like any other classified institutions such as SPLA, GIB and ISB. If these three institutions are not advertising their biddings, why then should the Executive Office of the President be made to advertise?
  2. Having approved and released public funds without receiving the items and services for which those funds were released. This was not true because the items were delivered and received and that is why the Executive Office of the President has been functioning since 2011 up to now. This fact had been confirmed by the auditor, some of the prosecution witnesses such as Majok Mading and all defense witnesses. All the justifications given against each of the three accusations were confirmed to the court by the defence witness Hon. Awan Guol Riak.
  1. Mayen Wol Jong, was accused of;
    1. Having delegated his role as Accounting Officer to be exercised by the Executive Director in the Office of the President.

This was not true because there has never been one Accounting Officer in the Office of the President since the inception of the then Government of Southern Sudan (GOSS) till now. The financial system in the Office of the President is different from other spending agencies were all undersecretaries are always the Accounting Officers. Whereas in the Office of the President there are three Accounting Officers as follows:

  1. Executive Office of the President with Mr. Yel Luol as Accounting Officer with spending budget code no. 1600/1/…. It also has separate bank accounts. There has been no evidence or any written document that Mayen has delegated Yel to exercise his powers on his behalf.
  2. Executive Office of the Vice President with Rev. Thomas Kideni as its Accounting Officer with spending budget code N 1600/2/…. It has also separate bank accounts.
  3. General Administration with Mayen Wol Jong as its Accounting Officer with spending budget code No. 1600/3/…. It also has separate bank accounts. The arrangement of three Accounting Officers was established before Mayen Wol Jong was appointed as Chief Administrator in the Office of the President in October 2011 and it is continuing up to now with the approval of the Ministry of Finance. This was also confirmed by defense witness such as Hon. Awan Guol Riak and the 1st Undersecretary of the Ministry of Finance, Salvatore Garang Mabiordit who was brought to court as a prosecution witness.
  1. Ring Ajing Juk, was accused of;
    1. Having refused to hand over the files of the Executive Office of the President to the investigation committee for the purposes of auditing.

Yes, this is true Ring refused but was justified to do so because he (Ring) was not authorized by his senior to hand over the files, given the fact that the Executive Office of the President is a classified institution which contains top state secrets and therefore the files should be handed over without the President’s consent. This was also confirmed by defense witness Hon. Awan Guol Riak.

  1. Having been signing Non – Salary Forms as Director General.

Yes, this is true but not a crime because there has never been a Director General in the Executive Office of the President and that was why he (Ring) was officially assigned to do this job as the equivalent of Director General which is even specified in the Non – Salary Form.

  1. Nhomuot Agoth Cithiik, was accused of;
    1. Having signed financial documents pertaining the transfer of funds to companies owned by Athorbei Ghaddaffy from 2011 – 2012.

This was true but not a crime because Nhomuot as Controller of Accounts by then was officially assigned to sign in all financial documents as secondary signatory; therefore the action was a nature of his work and cannot be considered as an offense or a crime. In addition to this, the transfers were made to meet the costs of goods and services rightly delivered to the Office of the President by Athorbei Gaddhaffy’s companies. Furthermore, Nhomuot signed all those documents on directives from his senior (the Executive Director). And above all, there was no case against Athorbei Ghaddaffy and his companies which benefited from all the transfers in question instead the case is against John Agou’s companies which started supplying the Office of the President with stationeries and other items in 2013 when Nhomuot was already out of the office.

  1. Anna Kalisto Ladu, was accused of;
    1. Having received some money from the Central bank of South Sudan and handed it over to John Agou.

This was true but not a crime because the money she received and handed over to John Agou was for the companies that had delivered items and services to the Office of the President, and this was confirmed by John Agou himself before the court.

  1. Kur Ayuen Kou, was accused of;
    1. Having telephone communication with John Agou while John was in security custody.

This is baseless because mere telephone communication is not a crime instead it is the interception of calls on without court permission that is a violation of Article 22 of the Transitional Constitution of the Republic of South Sudan which is an invasion of individual privacy. The National security officer that did the recording, Napoleon Adok Gai was acting on his own personal accord without authorization from the Director General of the General Intelligence Bureau (GIB), Gen. Thomas Duoth Guet as he (Napoleon) confirmed to the court. However, Kur Ayuen who was accused of communicating with John Agou while in custody on 23rd August 2015 was already given a travel ban on 28th June 2015 with other officials because of an intelligence report written against him by the same Napoleon Adok recommending Kur’s removal as a Coordinator of China Desk and to be transferred or dismissed from the Office of the President. Below are the names of other government officials given travel ban together with Kur Ayuen;

Office of the President

  1. Mayen Wol Jong
  2. Yel Luol Koor
  3. Ring Ajing Juk
  4. Kondok Aguek Malith
  5. Anna Kalisto Ladu
  6. Valentino Dhel Malueth
  7. Majak Philemon Majok
  8. Garang Aguer Akok

Ministry of Finance and Economic Planning

  1. Simon Kiman Lado
  2. Benjamin Ayali
  3. John Mudiria Venansio
  4. Jackson Wilson Bona
  5. Jemimah Jackline Lugala

Central Bank of South Sudan

  1. Chan Andrea Chan
  1. Garang Aguer Akok, was accused of;
    1. Having signed delivery notes for the items he had not received.

This is not true because the items were actually delivered and received by him and this has been proven by defense witness such as Abuk Lual Deng who substantiated her testimony with samples of the items which she brought from the office to the court. The items in question are still available in the Office of the Presidential Advisor on Decentralization and Inter-Governmental Linkages right now. Garang was simply incriminated because of having not complied with the request of the investigation committee which was to deny the receipts of the items delivered as the committee did with other staff in the Office of the President.

  1. Chaat Paul Nul, was accused of;
    1. Having signed delivery note for items he had not received.

This is not true because the items were actually delivered and received by him. And this has been proven by defense witness such as Henry Manyual Lual. The items in question are still available in the Office of the Director General of Communications and Public Relations right now. Chaat Paul was simply incriminated because of having not complied with request of the investigation committee which was to deny the receipt of the items delivered to his office as the committee did with other staff in the Office of the President.

  1. Francis Yatta Justin, was accused of;
    1. Having compromised Financial Electronic System to allow double payment.

This is not true because the system does not reflect any data previously entered upon the entry of the same data. Francis had rejected the entry of the payment into the system because the payment was processed on the copy documents but he was forced by his senior Benjamin Ayali. It is worth mentioning that the posting of the claim was done by Francis Yatta Justin and the cheque was printed by John Mudiria Venansio. This has been confirmed at the court by defense witnesses such as Elizara Pitia and Mrs. Jemimah Jackline. Furthermore, the cheque was suspended by the investigation committee at the Central Bank of South Sudan were the payment was supposed to have been effected and this was also confirmed before the court by the prosecution team.

  1. Anyang Majok Ayuen, was accused of;
    1. Having paid the value of a cheque to John Agou instead of Anna Kalisto whose name was written on the cheque as the beneficiary without authorization from her.

This was true but not a crime because Anna Kalisto had personally and verbally authorized John Agou to receive the money on her behalf at the bank and that was why there was no complaint raised by Anna Kalisto Ladu. However, Anyang Majok only posted the cheque to clear it from the system but the physical payment of cash was done by the Chief Cashier of the Central Bank of South Sudan, Mabior Achuang. Above all the money was for John Agou’s companies which had delivered items to the Office of the President.

  1. Anthony Mwadime Wazome
  2. Anthony Keya Munialo
  3. Ravi Ramesh Ghaghda
  4. Boniface Chuma Muriuki

These persons from No: 13 – 16 are Kenyan nationals and were staff working in Click Technologies Ltd. There were no specific accusations labelled against them by the prosecution other than being staff of the above mentioned company.

  1. The severity and uniformity of the conviction have revealed not only incompetence and unfairness of the judge but also his bad intensions about the accused persons.
  2. In conclusion and given all the above facts, it is very clear that the leadership and public at large have been completely barred from knowing these naked facts which were disguised in what was known as intelligence report. The blame goes back to Gen. Thomas Duoth Guet, Hon. Paulino Wanawilla and the investigation committee who deliberately and collectively misled the leadership from knowing that the case was just a continuation of Athorbei’s scenarios which were already known to the President through reports as previously mentioned in this document.

Another perspective which needs special attention is the fact that Mr. Athorbei was totally concealed from the leadership that he was the one behind the scene with some elements who had the same interests. This has made him (Athorbei) a hero since he has achieved his goal of removing the Executive Director and the Chief Administrator from their positions and convicted them to life imprisonment with the help of the most prominent dignitaries in the country. Had the President been fed with the correct information, he would have intervened and made appropriate decision about the matter before it was too late.

Prepared and Compiled by: Legal Watch Associates – South Sudan

The information contained in this document was collected from the following sources:

  • Officials in the Office of the President
  • Members of the Investigation Committee
  • Officers from the National Security Service (ISB and GIB)
  • Court Sessions during trial
  • Ministry of Finance and Economic Planning – RSS
  • Ministry of Justice – RSS
  • Central Bank of South Sudan

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