The substantive trial of Emmanuel Nibishaka, the Deputy Chief Executive Officer of Rwanda Governance Board (RGB), who is accused of fraud and use of forged documents, is scheduled on December 6, The New Times has learnt.
Nibishaka was arrested on May 21, 2022 and his case was submitted to the National Public Prosecution Authority on May 26.
In June, Kicukiro Primary Court denied bail to Nibishaka and sent him on a 30-day remand.
"This time Intermediate Court of Nyarugenge (TGI Nyarugenge) will be hearing the case in substance on December 6, 2022 .The Primary Court was only hearing the case relating to provisional detention,” Faustin Nkusi, the Spokesperson of National Public Prosecution Authority (NPPA), told The New Times on Wednesday October 5.
Nibishaka is accused by different people who testified that he took money from them with the promise to help them get visas to be able to travel to the USA.
The suspect was intercepted from a country in the region, having allegedly left Rwanda with forged authorisation.
Senior civil servants are required to seek authorisation from the Prime Minister prior to travel out of the country.
During the hearing held in June, Nibishaka admitted all the crimes and explained how he did it.
The documents in question include a forged travel clearance he used to travel to Kenya and invitations, as well as emails he used to scam people whom he promised to help their children get US visas.
It was mentioned that on various occasions since September last year, Nibishaka collected about $ 21,800 approximately Rwf22,421,300 from different people with a promise to help them get visas to the US for studies.
In addition, he forged the invitations to meetings in the US as well as emails using another person's account.
The defendant also altered the date and destination of a previous travel clearance and used it to travel to Kenya, allegedly after getting wind of the criminal case against him.
If he is convicted of fraud, the suspect could face an imprisonment term between two and three years, and a fine of not less than Rwf3 million but not more than Rwf5 million, according to law determining offences and penalties in Rwanda.
Clause one of article 174 of the law determining offences and penalties in general in Rwanda, defines fraud as deception, obtaining another person’s property, whole or part of his/her finance by use of false names or qualifications, or offering positive promises or threats of future misfortunes.
In article 276, the law says that any person who, in any manner, forges or alters documents by forged signature or fingerprint, falsifying documents or signatures or impersonation, forging agreements, its provisions, obligations, or discharged obligations commits an offence.
Any person, who, with fraudulent intention, produces a false written document, causes to write false statements or produces a conflicting declaration, is considered to commit the offence of forgery.
Upon conviction, he/she is liable to imprisonment for a term of not less than five years but not more than seven years and a fine of not less than Rwf3 million and not more than Rwf5 million or only one of these penalties.
The penalty also applies to any person who knowingly makes use of a forged document in any way.
Who is Nibishaka?
Emmanuel Nibishaka was appointed the Deputy Chief Executive Officer of Rwanda Governance Board (RGB) in July 2019.
Before joining RGB, he served as the Secretary General of the National Human Rights Commission (NCHR), Republic of Rwanda (2017-2019).
He also worked as a Rwandan diplomat in the US, serving as the First Counsellor at Rwanda’s mission to the United Nations in New York (Jan 2013-August 2017).
He also led the International Politics programme of the Rosa Luxemburg Foundation, Southern Africa’s Office in Johannesburg before joining the Diplomatic Services of the Government of Rwanda in 2013.
Nibishaka also holds a Postgraduate Diploma in International Law and Practice of the United Nations from New York University School of Law.