EYEAFRICA TV: Banjul, The Gambia: The Supreme Court of the Gambia has upheld the tax evasion findings by the tax Commission of Inquiry in 2012 against lawyer Ousainou Darboe on Monday.
Leader of the opposition United Democratic Party challenged the decision of the commission that found him liable for the payment of about two million dalasi for tax evasion.
Foroyaa Newspaper reports that The Supreme Court upheld that Lawyer Darboe was paying his tax as arrears for the purpose of nomination in elections.
Darboe, according to the ruling by Justice M M Sey, was not compliant with the tax laws. “The Commission of Inquiry was right, consistent and the findings were supported by evidence,” said Justice Sey.
The apex court ordered that Darboe to pay the tax arrears because he was not compliant with the tax laws in the country.
It was Layer Darboe’s contention that the commission instituted by former president Yahya Jammeh does not have the power to review his tax; that the power to assess is only with the Commissioner General of GRA.
But the court ruled that the Commission had constitutional powers to review taxes. “The Commission has the power to assess and reassess the appellant’s (Darboe’s) tax liabilities,” the judge held.
Darboe had also challenged the finding of the commission for what he called lack of evidence against him, but his argument was only good enough for the record.