Court cancels summons against top MTN bosses

KAMPALA

A court has quashed recent criminal summons issued against the MTN’s Board chairperson, Mr Charles Mbire and other company directors over allegations of evading URA taxes in billions of shillings.

The summons had been issued by Buganda Road Court Chief Magistrate Sylvia Nabaggala on November 19, requiring the officials to appear in court yesterday for plea taking. But MTN successfully challenged the decision before the High Court on grounds that there was no formal charge sheet before the court disclosing the offences its directors had allegedly committed.

In a Tuesday ruling, High Court Judge Lameck Mukasa, said the criminal summons issued against 13 of the company’s top officials, could not stand as the Director of Public Prosecutions had already taken over the investigations of the matter.

However, the same court confirmed the orders of having the Director of Public Prosecutions (DPP), take over the investigations of the alleged tax evasion. “The proceedings were taken over by the DPP and it was therefore erroneous for the learned Chief Magistrate on November 19, 2012 to seal an order extracted by WEB Advocates and Solicitors who were counsel for the complainant,”

The summons had been prompted by a complaint privately lodged before the court by Mr Zaphatal Were, a former employee of the company.

Mr Were alleged that top MTN’s bosses, including Mr Mbire and the overall Mtn president, Mr Sifiso, were making false declarations to Uganda Revenue Authority and other related offences, contrary to the provisions of the Customs Management Act, 2004.

awesaka@ug.nationmedia.com