Today, the Anti-Corruption Court in Nakasero is set to consider the bail application of Sikhou Gassama, a 61-year-old city businessman accused of providing false statements to a Uganda Revenue Authority (URA) tax officer regarding shillings 9.6 billion.
Justice Jane Okuo Kajuga will preside over Gassama’s bail application, scheduled for Wednesday. Gassama faces charges including making false statements, making false declarations, failure to maintain proper records, and money laundering.
Last week, on December 8, 2023, Gassama was remanded to Luzira Prison as Senior Principal Grade One Magistrate Abert Asiimwe lacked jurisdiction over the money laundering offense. The court advised Gassama to seek bail at the Anti-Corruption Division of the High Court.
In his application, Gassama asserts his constitutional right to bail pending the case’s hearing.
| Charges | Relevant Laws |
|---|---|
| Making false statements | Section 58(1)(a) of the Tax Procedures Code Act, 2014 |
| Making false declarations | Section 203(b) of the East African Community Management Act, 2004 |
| Failure to maintain proper records | Section 56 of the Tax Procedures Code Act, 2014 |
| Money laundering | Section 116(b) and 136(2)(a) of the Anti-Money Laundering Act, 2017 |
It is alleged that between 2016 and 2022, Gassama, as the director of Gassama & Brothers Company Ltd, filed fraudulent income tax returns to a URA tax officer, under-declaring a total income of shillings 9.6 billion.
Prosecution claims that during the same period, Gassama, as the company’s director, failed to maintain proper business records for tax purposes. Additionally, he is accused of intentionally concealing and disguising the source of shillings 9.6 billion, knowing it was proceeds of a crime.
What the Law States
| Offense | Penalty |
|---|---|
| Making false statements to a tax officer | Up to two years imprisonment or a fine not exceeding shillings 960,000 |
| East African Community Customs Management Act violation | Up to three years imprisonment or a fine not exceeding $10,000 (about shillings 37.7 million) or both |
| Failure to keep proper records | Up to two years imprisonment or a fine not exceeding shillings 960,000 |
| Money laundering | Up to 15 years imprisonment or a fine not exceeding sh2b |
