Director of Public Prosecutions (DPP) Jane Frances Abodo has filed a notice of appeal against the acquittal of Oscar B. Baitwa and Geoffrey Bihamaiso, directors of Three Ways Shipping Services Ltd, in a high-profile case involving the theft of over USD 3.8 million from MTN Uganda.

The appeal, lodged on May 5, after Justice Lawrence Gidudu’s ruling on April 30, 2025, seeks to overturn what the DPP describes as a deeply flawed judgment that exonerated the accused despite overwhelming circumstantial evidence.

The DPP argues that the trial judge erred in law and fact by holding that there was no proof the accused participated in or were aware of the fraud  even though the stolen funds were deposited into and remained in accounts solely controlled by them.

Justice Gidudu, while acquitting the accused, acknowledged in his judgment that the money had indeed been stolen and deposited into Three Ways Shipping’s bank accounts. However, he ruled that there was no direct evidence proving that the directors were part of the scheme. This conclusion, which cleared the account holders of criminal responsibility, has left many investors and corporate stakeholders in disbelief.

Legal observers and financial watchdogs have criticized the ruling as contradictory and damaging to public trust in the judiciary. The fact that the judge accepted that stolen funds were routed through the company’s accounts but still declared its directors innocent has fueled concerns over judicial accountability in complex white-collar crime cases.

In response to DPP Abodo’s decision to appeal, several business leaders and investor groups have commended her for taking a bold stand to protect the integrity of the justice system. “This is a welcome move,” one investor representative said. “The original ruling cast the judiciary in a bad light and created the impression that high-level corporate fraud can go unpunished if indirect methods are used.”
During the original trial, the prosecution presented evidence that over a span of three years, MTN was defrauded using 125 fake invoices and forged airway bills submitted by Three Ways Shipping Services. The funds were deposited into company accounts to which only Baitwa and Bihamaiso had access.

Prosecutors argued this pointed to their direct involvement or at least knowledge of the scheme.
However, the judge dismissed this, noting the absence of testimony from key witnesses and suggesting that rogue MTN employees may have acted alone.

He even suggested  without the defense raising it  that company employees might have carried out the fraud without informing the directors, a claim the DPP now challenges as speculative and unsupported by evidence.
The appeal now heads to the Court of Appeal, where DPP Abodo hopes to establish that executive officers must be held accountable when their organizations are used to commit financial crimes.