KAMPALA – Uganda’s High Court has upheld the lawful suspension of a senior Ministry of Finance official, dismissing his challenge to a second interdiction following charges at the Anti-Corruption Court.
Justice Bernard Namanya on Wednesday rejected the petition filed by Nyeko Ponziano, an assistant commissioner in the Accountant General’s office, who argued that his September 2024 suspension was unlawful, claiming he had already been reinstated after a previous interdiction.
Nyeko was first suspended in March 2022 after a State House investigation implicated him in alleged financial impropriety at Mulago National Referral Hospital. Following a legal advisory that prolonged suspension beyond six months was unlawful, he was reinstated in May 2023.
However, after formal charges of abuse of office and causing financial loss were filed against him in July 2024, the Director of Public Prosecutions (DPP) requested the Finance Ministry to immediately interdict him again. The Permanent Secretary, Ramathan Ggoobi, complied with the directive.
Nyeko contended that the law does not provide for “re-interdiction” and argued that the DPP had no authority to direct the Treasury to act against him. He sought to quash the suspension and claimed damages.
Justice Namanya, however, ruled that the second interdiction was lawful. “Under Regulation 38 of the Public Service Commission Regulations, 2009, and Order F-s of the Uganda Public Service Standing Orders (2021), an employer shall interdict a public officer charged with a criminal offence,” he explained.
The judge added that the suspension followed proper legal procedure and was justified given the criminal charges. Addressing Nyeko’s claim of violated rights, Justice Namanya stated that a hearing is not required prior to interdiction. “The rules of natural justice are observed during subsequent disciplinary proceedings, not at the point of interdiction,” he noted.
The court dismissed Nyeko’s application with costs and reminded that, like any accused person, he is presumed innocent until proven guilty. “If Mr. Nyeko Ponziano is not convicted of the alleged offences, his employer shall restore his full salary,” the judge affirmed.
The ruling underscores the government’s adherence to public service regulations when addressing corruption allegations, even for officials who have previously been reinstated.