DPP to reinstate Basajjabalaba multibillion corruption case
DPP Jane Frances Abodo (L) and businessman Hassan Basajjabalaba. PHOTO/COMBO/FILE
What you need to know:
- She said when the Constitutional Court stopped the continued investigation and prosecution of the case pending the outcome of the constitutional petition, the investigations could not be concluded.
The office of the Director of Public Prosecutions (DPP), has said it will reinstate the Shs142b markets compensation corruption case against businessman Hassan Basajjabalaba and his brother Muzamiru Basajjabalaba.
This comes months after the DPP withdrew the case over incomplete investigations.
In a statement released yesterday, Ms Jacquelyn Okui, the spokesperson of the DPP, said: “The DPP withdrew the case with the knowledge and understanding that she is able to reinstate it upon the conclusion of investigations.”
She added: “The case was withdrawn from court for investigations to be concluded before prosecution.”
Ms Okui said when the constitutional petition was filed, investigations into the case were still ongoing.
She said when the Constitutional Court stopped the continued investigation and prosecution of the case pending the outcome of the constitutional petition, the investigations could not be concluded.
She added that the investigation includes certification of important documents.
The case
“…When the Supreme Court eventually permitted the DPP to prosecute the case, it was not ready for prosecution, and could not be mentioned in the High Court, as a matter of Anti-Corruption Court policy. So, the DPP found it prudent to withdraw the case from court to have investigations in the matter concluded,” Ms Okui said.
The case was withdrawn by the prosecution in August after tendering in a nolle prosequi, with the brothers being discharged in October.
The charges arose from the government’s cancellation of Basajjabalaba’s lease contracts to develop several markets and other facilities around Kampala City for which he was compensated Shs142b for the loss.
The businessman and his brother had been facing several charges ranging from forgery of a judicial document, uttering of a false document and conspiracy to defeat tax laws.
In May 2018, the Constitutional Court ruled and directed the brothers to stand trial before the Anti-Corruption Court on grounds that their trial wasn’t unconstitutional since the said charges fall under the ambit of the Anti-Corruption Act.
The duo had challenged their prosecution before the Anti-Corruption Court, citing a number of alleged constitutional breaches and had asked the Constitutional Court to quash it.
Last week, Mr Isaac Ssemakadde, one of the aggrieved parties in the case, asked the office of the DPP to reinstate and prosecute the case to its logical conclusion.
