Limitation of the DPP’s Constitutional Powers: Sundus Exchange and Money Transfer Ltd & 8 Ors Vs Attorney General

On 25th May, 2018 the Financial Intelligence Authority (FIA) ordered various Banks to freeze accounts belonging to Sundus Exchange and Money Transfer Ltd, Haleel Commodities Limited, Victory Group Of Companies Limited, Qemat Al Najah General Trading Limited, City Love General Trading Limited, Hilowle General Trading Limited, Jumale Bashir Ali, Omar Sheikh Ali Hilowle, Abdulkadir Omar Abdulahi (Our Clients).

As a result of the above directive, the Director of Public Prosecutions (DPP) filed Miscellaneous Application No. 027 of 2018 before the Anti-Corruption Division of the High Court seeking a freezing order against their accounts pending “investigations” into alleged money laundering and terrorism financing.  Subsequently, a Restraining Order issued against our Clients, effectively freezing their accounts since May 2018.

During the course of investigations into the allegations against our Clients, information vindicating the accused was availed to the DPP’s office but the same was ignored to our Clients’ detriment. Despite the FIA and the Uganda Police having found no evidence against our Clients, the said investigations culminated into the prosecution on charges of alleged facilitation of money laundering.

KAA filed an application for Judicial Review vide Miscellaneous Cause No. 161 of 2019 to quash the decision of the DPP to prosecute our Clients without evidence and a Complainant. On 20th August, 2019, the Hon. Mr. Justice Andrew K. Bashaijja of the High Court (Civil Division) delivered his Ruling. In the said decision, the Learned Judge agreed with KAA that the decision to prosecute our Clients was tainted with illegalities and ordered that the impugned decision be quashed.

After a dispute that lasted since May 2018, our Clients’ accounts were finally unfrozen and the malicious prosecution into the alleged acts was put to a halt. KAA is proud to have successfully stopped the injustice occasioned and to have restored the Clients as a going concern.

 

To download the full judgement please click HERE….

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