The two brothers, Hassan and Muzamiru Basajjabalaba are challenging the take over of the Shs142 billion compensation criminal case by the Director of Public Prosecutions (DPP). The case was formerly heard by Buganda Road court.
Hearing of a constitutional petition filed by city tycoon Hassan Basajjabalaba has hit a snag this morning due to lack of quorum.
The businessman is challenging the constitutionality of the criminal proceedings against him in a case involving the Shs142 billion compensation awarded to him after the cancellation of several of his city tenders to manage city markets and city square.
The matter was scheduled to be heard by a panel of five judges but failed following the absence of justice Rubby Aweri Opio who is currently on leave. The other judges on the panel are Remmy Kasule, Elidard Mwangutsya, Lillian Tibatemwa and Faith Mwondha.
Hassan Basajjabalaba along with his younger brother Muzamiru Basajjabalaba, are challenging the take over of the Shs142 billion compensation criminal case by the Director of Public Prosecutions (DPP). the case was formerly heard by Buganda Road court.
Further in the plaint, Basajjabalaba alone is challenging his arrest from Entebbe airport shortly after he had been granted bail by Buganda Road Court early this year.
The two businessmen are also challenging the colossal sums of bail money they paid before the Anti Corruption court in order to secure their freedom. Hassan and Muzamiru Basajjabalaba paid shs60 million and Shs40 million respectively during their application for bail. The duo had earlier paid a bail cash of Shs30 million each at the Buganda Court over the same charges within one week.
they are also challenging the cancellation of their bail before being remanded to Luzira prison by Anti Corruption Court Chief Magistrate Irene Akankwasa under the pretext of “exceptional circumstances” given the nature of the matter. This happened on March 6 this year.
In January this year, the businessman upon snubbing several criminal summons over the alleged forgery of a judicial document that led to the eventual payment of Shs142 billion, mysteriously appeared before Buganda Road Court and pleaded not guilty to privately instituted charges arising out of the same compensation claim.
He was charged with uttering a false document, forgery of a judicial document and conspiracy to defeat tax laws amounting to Shs20 billion. However, shortly after he had been granted a cash bail of Shs30 million by Buganda Road Court, the police arrested him at Entebbe International airport as he attempted to sneak out of the country.
Subsequently, the DPP announced that he had taken over the privately instituted proceedings at Buganda Road proceedings and that he had even gone ahead to withdraw them, an action the businessmen are challenging.
A day after his arrest, the businessman was taken to the now suspended Anti Corruption Court under tight security and charged with similar charges that he had pleaded not guilty to at Buganda Road Court.
The Constitutional Court has since temporarily halted all the proceedings before the Anti corruption court pending the determination of this main case that hit a snag yesterday.
The case has been adjourned the matter to October 14, 2013