High Court rebuffs Chenji Golo: Uladi Mussa denied bail from jail pending appeal

The High Court in Lilongwe rejected a bail application pending appeal of both conviction and sentence for jailed for one time powerful politician known for political prostitute, Uladi Basikolo Mussa who is popularly known as Chenji Golo in the political spheres for his constant changing political parties like underwear garments.

This means, therefore, the erstwhile former high-profiled politician and long time Salima parliamentarian will have to battle for his liberation from the non-freedom walls of jail cells.

The court sentenced the former Cabinet minister and seasoned politician alongside a senior immigration officer, David Kwanjana and a Ugandan businessperson, Peter Katasya on October 23, 2020 on various charges under the Corrupt Practices Act as well as the Penal Code.

Former Home Affairs Minister, Mussa and Kwanjana, a former Central Region Immigration officer, were slapped with six years imprisonment, five years and one year to run concurrently, while Katasya was handed a prison sentence of four years.

But on November 3, 2020 Katasya filed summons applying for stay of sentence and admission to bail pending appeal while Mussa and Kwanjana filed similar summons on November 24 2020.

Both summons were in accordance with Section 359 of the Criminal Procedure and Evidence Code.

However, in his ruling yesterday High Court Judge Chifundo Kachale argued no injustice would arise if the three were to continue pursuing their appeal from behind bars.

Kachale, who is also Malawi Electoral Commission (MEC) chairperson, observed the detention of the three was premised upon convictions entered after hearing evidence in court.

He said the trial court considered relevant sentencing principles when it arrived at custodial terms for the three, and there was nothing that was presented in their applications to move the court to exercise the rare discretion of granting bail pending appeal.

“Therefore, on all these premises, the applications of Uladi Mussa, David Henry Kwanjana and Peter Katasya to be admitted to bail pending appeal are each one dismissed for lack of merit. The applicants shall remain in custody until a contrary order is issued following their appeal,” said Kachale’s in his judgment.

‘Sentencing’

Mussa, a former minister of Home Affairs and Internal Security during the two-year tenure of former president Joyce Banda, was convicted for aiding and abetting foreigners to enter the country illegally and awarding them Malawian citizenship. The offences were committed in 2013.

Mussa and his accomplices were sentenced by the High Court sitting in Lilongwe to six years in prison after he was found guilty in issuing illegal passports.

Chifundo Kachale, the High Court judge who is also the chairman of the Malawi Electoral Commission, sentencing Mussa, a former president Peter Mutharika’s advisor, said the 55 year-old politician, abused his public office, neglected duty and uttered false documents.

“I order a sentence of five years imprisonment for being found guilty of abuse of public office and 12-month imprisonment for neglect of official duties. The sentences will run concurrently,” said the judge.

Kamudoni Nyasulu, a private prosecutor engaged by Malawi’s Anti-Corruption Bureau, said the conviction and sentence has set a legal precedent.

“The law requires that a public officer’s actions must not be arbitrary, but must follow the law and procedures,” Nyasulu told reporters outside the court.

In July 2019, the US State Department banned Mussa and his spouse from visiting the country for his involvement in the passport scam.

In a statement, the US said it had acted “following credible information” that Mussa was involved in significant corruption while serving as a Cabinet minister.

Mussa was arrested in March 2017 and his trial has lasted three years.

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