THE outcome of 1.2bn/- economic trial of former National Identification Authority (NIDA) Director General, Dickson Maimu and four others will be known next week when the Kisutu Resident Magistrate's Court in Dar es Salaam will deliver its ruling.
Senior Resident Magistrate Richard Chaungu will give the ruling on August 11, 2021 on whether the accused persons have a case to answer or not in respect to charges they face. This follows after the prosecution, led by Senior State Attorney Ladislaus Komanya, summoned 26 witnesses and tendered 45 exhibits in an attempt to prove the charges against the accused persons.
Apart from Mwaimu, other accused persons are Avelin Momburi, who is ex- Director of Business Support, George Ntalima, who is exTransport Officer, Xavery Kayombo, a businessman and Sabina Raymond, ex-Director of Legal Service.
The charges against them include conspiracy to defraud, forgery, use of documents intended to mislead principal, obtaining money by false pretence, money laundering and occasioning loss to the authority. It is alleged that between July 19, 2011 and August 31, 2015 at various places in Dar es Salaam, Maimu and Ntalima conspired together to defraud NIDA the sum of 1,175, 785,600/93.
Maimu and Ntalima are jointly facing counts allegedly committed between 2014 and 2015 of using documents, which are several invoices bearing different numbers with intent to mislead their principal and the government.
The invoices, the prosecution alleged, contained false particulars to pay Aste Insurance Brokers Company Limited sum money, showing the company deserved the payments for providing comprehensive insurance coverage in respect of insurance of motor vehicle and other equipment.
The prosecution alleged that between November 11, 2011 and March 31, 2015 in Dar es Salaam, Ntalima acquired 57.5m/-, while knowing at the time of acquisition the sum was proceeds of a predicate offence of forgery. According to the prosecution, between June 1 and 5, 2013 at various places in the city, Ntalima and Kayombo allegedly conspired together to defraud NIDA 45,515,961/-.
It is alleged that within the same period, the two caused loss of the said amount to NIDA due to their willful acts. Ntalima is also alleged to have forged a loose minute to show that NIDA owed Gwiholoto Impex Limited arrears payments of the said sum.
It is alleged that the same accused used the document containing false particulars to mislead his principal that the money was costs for the company to have provided clearing and forwarding services to NIDA, the fact the accused knew to be false.
Kayombo was charged with obtaining by false pretences of the said money. The prosecution charged him also with five counts of money laundering. He is alleged to have acquired 38m/- at CRDB Bank, Lumumba Branch, while knowing at the time of such acquisition the money was proceeds of forgery.
Maimu and Raymond are jointly charged with abuse of their position at NIDA Headquarters. While discharging their duties, they allegedly procured a provision for consultancy services from the School of Law, formerly Faculty of Law of University of Dar salaam in association with MS Law Partner.
Such services, it was alleged, related to review of existing legislations and proposed a legal framework to support the implementation of the National Identification program in existence of a similar contract between NIDA and Gotham International Limited.
The prosecution alleged that as a result of such an act, Gotham Company obtained undue advantage of 899,935,494/-.
Maimu and Raymond were also charged with occasioning loss of 402,210,885/02 for failure to verify the actual area NIDA leased for office at BMTL building at RKD Plaza, Kinondoni District.
Also the two were charged with causing the 889m/- loss to NIDA for their willful acts. Maimu was also charged with occasioning loss of 167,445,671/96 authorized to be paid to Gotham Limited, while Maimu caused NIDA loss of 175,785,600/93 for allegedly inflating insurance premium.