COURT | BASAJJABALABA | FRAUD

KAMPALA - A lawyer has petitioned court seeking the decision to withdraw charges against city businessman Hassan Basajjabalaba and Muzamiru Basajjabalaba in a case involving sh142b revisited and is calling for their prosecution.

Through Isaac Ssemakadde, Legal Brain Trust advocates argue that the decision by the Office of the Director of Public Prosecutions (ODPP) to discontinue the charges was not done properly.

ODPP last year withdrew charges against Hassan and Muzamiru who had been accused of conspiracy to defraud the Government of sh142b.

The application to reinstate the case was filed at the Anti-Corruption Court in Kololo, Kampala and the case is before Justice Margaret Tibulya.

Hassan had been accused of forging a consent judgement, which allegedly shielded him from paying sh20b in taxes that accrued from sh142b compensation for city markets. 

However, DPP under her mandate withdrew the charges to enable Police to conclude investigations.

A consent judgment is issued by a judge based on an agreement between the parties to the case to settle the matter without going through a trial.

Under Article 120 (4) of the 1995 Constitution, ODPP has the mandate to withdraw a case from the court at any stage before judgment is delivered. DPP also has the power to reinstate a case in court.

Charges against Basajjabalaba

The two brothers had been charged with conspiracy to defeat tax laws contrary to Section 392 of the Penal Code Act. Also, they had been charged with the offence of conspiracy to defraud the Government.

They were charged with another offence of allegedly forging a judicial document and uttering fake documents contrary to Section 349 of the Penal Code Act.

In 2015, through a private prosecution, Hassan and Muzamiru first appeared before the Grade One Magistrate Mary Khaiza at the Buganda Court and were charged, but they denied the charges.

DPP later took over the case from the private prosecution and on January 16, 2015, they appeared before the Anti-Corruption Court in Kololo, Kampala and were charged afresh with the offences relating to tax fraud.

The prosecution had alleged that Hassan and Muzamiru conspired to evade payment of taxes to the tune of sh20b that arose from Haba Group Uganda Ltd, a company that belongs to Hassan. 

It is alleged that the offence took place between 2010 and 2011.

According to DPP, the duo allegedly claimed that they had been exempted from paying taxes.