Prosecutor Calls for Tougher Sentences On Illegal Charcoal Dealers

Senior State Attorney Gertrude Nyipir has asked the Gulu Magistrate court to issue tougher sentences to illegal charcoal dealers as a deterrent measure to save the rising degradation of forest cover in the Acholi sub-region.

Nyipir told the court on Thursday during the hearing of a case in which eight drivers were arraigned at the Gulu Magistrate court over illegal charcoal transportation that the growing commercial charcoal trade in the region is at an alarming level.

She said a tougher sentence issued by the court would see the vice brought to an end.

Her submission came after the Gulu Grade One Magistrate Mirriam Amoro issued a fine of 1 million Shillings to each of the convicted drivers over the illegal transportation of 2,000 bags of charcoal.

The drivers were charged with two counts of illegal transportation of forest produce contrary to sections 32 (1), (a), and sections 34 (1) & (2) of the National Forestry and Tree Planting Act 2003.

On the second count, they were charged with the failure to comply with the orders of authorized officers of the National Forestry Authority and Environmental Police Protection Unit contrary to section 81 F of the National Forestry and Tree Planting Act.

The prosecution told the court that the accused persons on June 29 this year along Gulu-Amuru and Gulu-Omoro highway were arrested for illegal transportation of charcoal and failing to comply with orders of authorized personnel.

The convicts are Joshua Maweje 49, who had loaded 230 bags of charcoal, Richard Sekamate 42 with 280 bags of charcoal, and Ibrahim Shadade Ssantongo who had 270 bags of charcoal in his truck.

Others are Godfrey Ntege 48 who was held with 170 bags of charcoal, Alex Eguma with 230 bags of charcoal, Salim Musinguzi with 350 bags of charcoal, Umaru Mwanje held with 230 bags of charcoal and John Zanviye who was transporting 290 bags of charcoal.

They all pleaded guilty to their charges before being convicted on their own plea of guilty.

The accused defense lawyer Douglas Odyek Okot, in his submission, however, noted that the convicts were first-time offenders and asked for a lenient punishment. He told the court that the accused persons were businessmen who are not engaged in tree cutting but only purchased already-produced charcoal.

In her ruling, Amoro ordered the convicts to pay a fine of 400,000 Shillings for illegal transportation of forest produce and 600,000 Shillings on the second count of failing to comply with orders of authorized personnel. She noted that the convicts face two years imprisonment for both counts if they default to pay the fines.

Amoro ordered the auctioning of the impounded charcoal and the proceeds to be deposited in the consolidated fund while the trucks should be released upon verification of the rightful owners.

She however decried the rampant plunder of forest in the region for commercial charcoal production and wondered how it's rising.

The state prosecutor however called the sentence light and asked the court to give punitive sentences that would deter the convicts and would-be offenders from ever engaging in commercial charcoal trade and transportation.

Nyipir said the negative effects of climate change brought by the felling of trees for charcoal production are already being felt in the environment in the subregion.

This is the second time the magistrate court in Gulu is convicting and fining charcoal dealers, just two months month after President Museveni issued an executive order No 3 banning the cutting of trees for charcoal production in North Uganda.

At least eight businessmen transporting 1,877 bags of charcoal were early this month sentenced by the Gulu Chief Magistrate Said Barigye to a fine of 1.1 million Shillings each for illegal transportation of charcoal and violating the charcoal ban.