Gulu High court has directed Adilang senior secondary school in Agago district, northern Uganda, to refund Shs 1 million to four of its former board members, ruling that the money had been illegally collected under a flawed magistrate’s order.
The case stems from 2022, when Harriet Aloyoto, Dominic Otto, Joe Olweny Ogal, and John Benjamin Ocan, then members of the school board, were accused of embezzling school funds and charged in Patongo Magistrate’s court.
They pleaded not guilty and were granted bail, but the trial stalled multiple times due to prosecution delays. In December 2022, the prosecution told the court that the matter had been “settled through mediation,” claiming the accused had agreed to pay Shs 1 million to the school.
However, no evidence or record of the mediation or consent from the accused was presented. The following month, the magistrate issued a consent order requiring each accused to pay Shs 250,000, and later issued a notice threatening arrest for non-payment.
The four petitioned the High court, challenging the order. Last Thursday, justice George Okello ruled in their favour, noting that the magistrate erred by ordering compensation without a conviction.
Justice Okello also said the accused were denied a fair hearing and had not consented to the settlement, and that reconciliation in criminal matters must strictly follow legal procedures.
As such, Okello cancelled the magistrate’s order and directed Adilang S.S. to refund the Shs 1 million within 14 days. However, the court did not award legal costs to the applicants.
