MTN tax case back in court

May 09, 2013

A tax evasion whistleblower Nephtal Were has petitioned the Constitutional Court challenging the withdrawal of criminal charges against the directors and senior executives of MTN Uganda Limited.

By Hillary Nsambu                               

A tax evasion whistleblower Nephtal Were has petitioned the Constitutional Court challenging the withdrawal of criminal charges against the directors and senior executives of MTN Uganda Limited, contending that it contravened the Constitution.    


The petitioner seeks an order by court removing the prosecution of the case from the DPP and allows the private prosecution of the charges against the directors and the senior executives of MTN Uganda ltd to continue.     

However, upon discontinuing the prosecution of the MTN directors and senior executives, the resident State Attorney, representing the Director of Public Prosecutions, categorically told the court that by withdrawing the charges against the accused men did not mean that they were wholly free; as they would be recalled to reappear in court and the charges if fresh incriminating evidence against them emerged.    

Through Web Advocates & Solicitors, the petitioner contends that the withdrawal by the Director of Public Prosecutions (DPP) of the charges against the MTN's directors and senior executives, in the privately instituted criminal case without affording it to be tried was a contravention of the Constitution.    

The petitioner also complains that the DPP's withdrawal of the charges against the MTN big shots in a privately instituted criminal case, basing on advice or directions contained in an unsubstantiated letter allegedly written by the accused persons' lawyers without affording the petitioner a right to be heard was an abuse of court process. It amounted to failure to act independently and contravened the Constitution.    

Were further alleges that by refusing to continue prosecuting the private prosecution of the criminal case against the director and senior executives of MTN Uganda Limited for tax evasion and false declarations, a matter involving billions of shillings, was an abuse of the court process and injurious to public to public interest and a violation of the Constitution.    

The petitioner contends further that the failure by the DPP to direct the police to conduct a thorough investigation and expeditiously report back to him regarding such grave allegations of tax evasion involving huge magnitude of billions of shillings violated the Constitution.        

The petitioner stated in his affidavit supporting his petition that on October 10, 2012, he blew a whistle on a chronic, large scale tax evasion scheme orchestrated by the top brass of the company as per the criminal case 276 of 2012 filed at Buganda Road Chief Magistrates' Court.    

The charges were withdrawn against Charles Mbiire, Mazen Mroue, Khumo Sheunyane, MOSIPHO Molope, Sifiso Dabengwa, Christian De Faria, Ignatius Sohoole, Mozipho January Bardil, Anthony Mutyaba Katamba, Francois Terffoute, Meryvin Immelman, Mike Blackburn and Nigel Williams.                            

 

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