Africa-Press – Uganda. The Registrar of Companies has nullified the change of powers of attorney given to a businessman regarding a representative of a company in the implementation of the contract for the supply of Grain processing and silo facility at Ibuga/Rwimi prison.
Solomon Muliisa, the Registrar of companies at the Uganda Registration Services Bureau (URSB) on Friday ruled that the revocation of the powers of attorney granted to Assa Tumwesigye was tainted with illegality.
“The Powers of attorney registered on August 31, 2021, in favour of the petitioner (Tumwesigye) be reinstated for having been unlawfully revoked,” Mr Muliisa ordered.
The decision by the Registrar of Companies stems from a complaint filed by Tumwesigye against Emmanuel Asiimwe and a company, Taifa Partners Limited.
Tumwesigye lodged the complaint challenging the legality of the revocation of powers of attorney and assigned Asiimwe to represent the company at the implementation of the contract.
Documents show that Tumwesigye was duly appointed to represent Taifa Partners Limited /Perry Engineering Services Limited Association at the bidding process for the contract to design, build, install and supply a grain processing and silo facility at Ibuga/Rwimi prison.
Documents further show that the association emerged as the best-evaluated bidder and that Tumwesigye acting on the same powers of attorney, signed the contract with Uganda Prisons Service on behalf of the association and immediately embarked on making arrangements to implement the contract like the mobilisation of equipment and personnel.
According to the complaint, in August 2022, Tumwesigye was denied access to the company head offices and the site in Rwimi bofore Asiimwe told him that he was no longer part of the contract because his powers of attorney had been revoked.
Tumwesigye stated that he checked with URSB and found a resolution and minutes had been filed showing that the company secretary Charles Okello had assigned Asiimwe to run the contract.
He stated that upon inquiring, Mr Okello denied assigning Asiimwe and or ever attending a meeting whose minutes were filed at URSB.
Mr Muliisa ruled that the purported meeting to revoke Tumwesigye’s powers of attorney was never convened by the board of directors hence the said powers were illegally revoked.
“This contract has been in force from February 21, 2022, to date and the first respondent (Asiimwe) was a beneficiary to it under an illegality as he alleges for more than 5 months before he unlawfully revoked it,” Mr Muliisa held.
Meanwhile, Asiimwe has been arraigned before the Chief Magistrates Court on accusations of fraud in connection with the illegal revocation of Tumwesigye’s powers of attorney and also unlawfully assigning himself.
Charges
Asiimwe has since been charged with eight counts of forgery and uttering false documents.
It is alleged that Asiimwe and others still at large on July 22, 2022, at URSB headquarters in Kampala, knowingly and frequently uttered a false document to wit a forged special resolution in respect of Taifa Partners Ltd purporting the same to have been signed by Charles Okello the then Company Secretary whereas not.
It is also alleged that Asiimwe on the same day at Ntinda Village in Kampala forged powers of attorney in respect of Taifa Partners Ltd purporting that he had been appointed the company’s contract representative replacing Assa Tumwesigye whereas not.
It is further alleged that on April 28 and May 5, 2022, at URSB headquarters, he uttered a false document to wit forged special resolution of Taifa Partners Ltd appointing him a sole signatory of company bank accounts.
Asiimwe was released on bail pending a trial set to start on September 26.
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