Overview:
Last year, the Supreme Court upheld the Constitutional Court decision, ordering the trial of Basajjabalaba and his brother on several charges including conspiring to defeat tax laws, forgery of a judicial document and uttering a false document.
KAMPALA — Lawyers have petitioned the Anti-Corruption Court in Kampala—asking the Kololo-based court to summon businessman Hassan Basajjabala over UGX.142b tax evasion case.
Through a petition, the Legal Brains Trust, a Kampala-based democracy and human rights watchdog, made the request before the Anti-Corruption Court Chief Magistrate, Joan Aciro, citing delays and failure by the Office of the Director of Public Prosecutions to cause resumption of the businessman’s trial with his brother Muzamiru Basajjabala.
Legal Brains Trust argue that the delay is in breach of Supreme Court orders.
“It is now more than 10 months since the Supreme Court issued the order yet there is no indication that court has taken any step to summon the accused persons for trial,” Legal Brains Trust complained.
Legal Brains Trust implored court to make orders for the expeditious trial of the accused persons and summon the accused to appear before Independence Day on October 9, 2022, to answer the charges, so that justice is seen to be done.
Last year, the Supreme Court upheld the Constitutional Court decision, ordering the trial of Basajjabalaba and his brother on several charges including conspiring to defeat tax laws, forgery of a judicial document and uttering a false document.
In March 2020, the Constitutional Court Justices led by Justice Kenneth Kakuru ordered Basajjabalaba and his companies to refund to government all the money that was illegally paid to him as compensation for losing the tender to manage five city markets.
The Justices noted that the money was paid to Basajjabalaba and his companies illegally following a contract that he had entered into with the defunct Kampala City Council without the advice of the Attorney General.
Background
Court documents indicate that between January 2000 and December 2011, Basajjabalaba and his companies entered into contracts with KCC to manage, own and redevelop five city markets but the contracts were reportedly entered without the advice of the Attorney General.
This prompted the traders to protest, leading to the cancellation of the contracts. This compelled Basajjabalaba to appeal to President Museveni, who referred the matter to the Attorney General.
Thereafter, an evaluation committee set up to review the Haba Group’s claim.
Thereafter, an evaluation committee was set up to review the Haba Group’s claim and it recommended compensation of sh54.7b, which Basajjabalaba refused.
However, the then Attorney General Kiddu Makubuya, proposed a payment of compensation of sh142.7b and another about sh29.9b in respect of Nakawa Market.
This prompted Sydah Bbumba, the former finance minister to write to Bank of Uganda requesting the central bank to help raise credit for Basajjabalaba Company, Haba Group.