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BIG BLOW TO MTN: Court Orders Telecom Giant to Pay Ex-Manager Richard Mwami Shs 2.3B Over Malicious Prosecution
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BIG BLOW TO MTN: Court Orders Telecom Giant to Pay Ex-Manager Richard Mwami Shs 2.3B Over Malicious Prosecution

Watchdog Uganda about 2 hours 4 mins read

KAMPALA — The High Court has dealt a massive blow to telecom giant MTN Uganda Limited, ordering it to pay over Shs 2.31 billion in damages to its former Senior Manager, Richard Mwami.

In a scathing judgment delivered by Justice Bonny Isaac Teko, the court found that MTN maliciously masterminded the arrest and prosecution of Mwami in a multi-billion-shilling Mobile Money fraud case, despite knowing he was completely innocent.

The Whistleblower Turned “Sacrificial Lamb”

The saga dates back to December 2011, when Mwami—then serving as MTN’s Senior Manager for Public Access—detected massive suspicious transactions on the company’s Fundamo mobile money platform. He promptly blew the whistle, alerting senior management to what would later be revealed as a Shs 16 billion insider fraud scheme.

Following his report, MTN hired reputable audit firm Grant Thornton to conduct a thorough forensic investigation. The independent audit cleared Mwami of any wrongdoing, confirming he had no involvement in the theft.

However, instead of treating him as a witness, MTN executives chose to aggressively pursue him.

The company ignored its own forensic audit report and relied on a “charge and caution” statement extracted from another suspect, Patrick Ssentongo. That statement was later thrown out by the Anti-Corruption Court after Justice Lawrence Gidudu ruled that MTN officials had illegally and involuntarily coerced it out of the suspect.

When Mwami was finally acquitted in December 2015, the trial court sharply criticized MTN, noting there was zero evidence linking him to the crime and describing him as a “sacrificial lamb” who should have been a state witness rather than the accused. Mwami subsequently slapped MTN with a lawsuit for malicious prosecution.

Ruined Career and VCCU Arrest

In the latest ruling, Justice Teko agreed that MTN acted with deep-seated malice, using the criminal justice system for an improper, vindictive purpose.

The judge heavily criticized the dramatic manner of Mwami’s arrest. Despite being a corporate whistleblower with clear ties to the community, Mwami was arrested by the Violent Crimes Crack Unit (VCCU)—a heavy-handed police squad reserved for violent, dangerous criminals—more than a year after investigations into the actual fraud had concluded.

The court heard a harrowing tale of how the malicious prosecution completely derailed Mwami’s life and professional career:

  • He was remanded at the maximum-security Luzira Prison for seven days.

  • He spent more than two years living under restrictive bail conditions.

  • The Bank of Uganda officially blacklisted him as a “reputational risk,” which forced his immediate termination from his subsequent job at Mobile Money Africa Limited.

Breakdown of the Shs 2.31 Billion Award

Justice Teko ruled that a strong message needed to be sent to deter powerful corporate entities from abusing state machinery to crush individuals. The court ordered MTN Uganda to pay the following amounts:

Damage Category Awarded Amount Court Justification
Special Damages Shs 1,809,000,000 Compensation for lost salary, housing allowances, and medical benefits due to career destruction.
General Damages Shs 400,000,000 For the deep reputational damage, public embarrassment, and distress suffered.
Exemplary Damages Shs 100,000,000 Punitive measure to deter corporate entities from abusing the justice system.
Total Award Shs 2,309,000,000+ Note: MTN must also pay a 10% annual interest from the judgment date until full payment, plus legal costs.

Court’s Verdict on Corporate Arrogance:

While MTN attempted to shift blame to the Uganda Police and the Directorate of Public Prosecutions (DPP), arguing they act independently, the High Court firmly rejected this defense. Justice Teko ruled that MTN was the ultimate “driving force” and instigator behind the malicious charges.

The court, however, rejected minor claims regarding performance bonuses, legal fees, and the value of a company car, citing insufficient documentation.

With a 10% interest rate ticking daily on the Shs 2.3 billion figure, the telecom giant faces an expensive reminder that corporate whistleblowers should be protected, not persecuted.

The post BIG BLOW TO MTN: Court Orders Telecom Giant to Pay Ex-Manager Richard Mwami Shs 2.3B Over Malicious Prosecution appeared first on Watchdog Uganda.

This article was sourced from an external publication.

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