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Uganda Cup: FUFA to meet Covid-19 tests for clubs

Uganda Cup Trophy

The Federation of Uganda Football Associations (FUFA) has confirmed important details ahead of the 2021 Stanbic Uganda Cup semi-finals and final scheduled to take place at the FUFA Technical Center, Njeru.

FUFA Competitions Director Hajjati Aisha Nalule confirmed the key developments through a memo to the clubs’ Chief Executive Officers (CEOs).

FUFA will take care of the COVID-19 tests for all the 20 players and 5 officials per club. All clubs will be tested at their respective venues. The other officials (organizing committee) and referees will also be tested by FUFA.

The players and officials’ list will be submitted to the FUFA Competitions Department latest Friday, 17th September 2021.

In addition, licenses for the 2020-2021 season will be considered and all the technical team should have bench permits.

Vipers and Police will be tested on Sunday, 19th September 2021 at 8am while Express and BUL will be tested on Monday, 20th September 2021 at 8am.

The two clubs that proceed to the finals will be required to provide their jerseys for branding and will be refunded Shs 1,700,000.

Uganda Cup 2021

Semi-finals: 21st & 22nd September 2021

Final: 26th September 2021

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Bank of Uganda isn’t immune from legal action -Constitutional Court declares

Emmanuel Tumusiime- Mutebile

 

 

The Constitutional Court has nullified sections 118 and 124 of the Financial Institutions Act that has been shielding Bank of Uganda and its employees from being sued.

The five justices of Constitutional court in their ruling said it was unconstitutional for BoU to hide under sections 118 and 124 to shield themselves from the law and yet under 21 of the same constitution, it gives powers of equal treatment before and under the law. The justices were Muzamiru Kibeedi Elizabeth Musoke, Egonda Ntende, Irene Mulyagonja and Cheborion Barishaki

“This gives unjustified and arbitrary protection to the BoU, which is contrary to article 21 of the Constitution which provides that all persons are equal before and under the law in all sphere of political, economic, social and cultural life and every other respect and shall enjoy equal protection of the law. Given that BoU’s directives to freeze a person’s account have a bearing on the constitutional right to property, it is vital in safeguarding those rights that the courts retain the powers to scrutinize the actions of Bank of Uganda on their merits. This will ensure, not only freezing orders are not unjustly made but also that the BoU’s receives equal treatment as other persons who in similar circumstances will be amenable to legal proceedings”

The landmark ruling arose out of constitutional petition No 50 of 2013 of Peter Ssajabi and Swift Commercial Establishment Limited versus Attorney General and Bank of Uganda.

The petitioners challenged the constitutionality of provisions in certain acts of parliament and hence seeking court’s interpretation of the constitution so as to determine whether certain acts were allegedly done by the respondents in contravention of the constitution. The petition was brought in pursuant to articles 2,137 (1) (1) & (4) and 150 of the constitution and the constitutional court.

 

Freezing of accounts

1 “The Central Bank shall if it has reason to believe that any account held in any financial institution has funds on the account which are the proceeds of crime, direct in writing the financial institution at which the account is maintained to freeze the account in accordance with the direction.

2 A financial institution acting in compliance with a direction under subsection (1) of this section shall incur no liability solely as a result of that action”

The present petition alleges that when the BoU exercises its powers under section 118 of the FIA, there will be no recourse for the aggrieved bank account owner to the courts.  In its answer to the allegation the 2nd respondent submitted that it acted in accordance with the law because it had reasons to believe that the impugned accounts held funds which were proceeds of crime arising from illicit accumulation of wealth by public officials who allegedly conspired to create ghost pensioners causing substantial loss to the Ministry of Public Service.

 

Protection of central Bank

No suit or other legal proceedings shall lie against the Central Bank or any officer, employee or agent of the central Bank for anything which is done or is intended to be done in good faith under this Act

 

According to court, it said that when read together, section 118 and 124 of the FIA make it impossible for a person aggrieved by the act of the BoU directing the freezing of his bank accounts to bring an action challenging the property of the freezing orders. This is potentially problematic. For example, assume the BoU directs for the freezing of A, a company’s bank account pursuant to section 118 of the FIA. BoU insists that its directives against A were done in good faith. It turns out that the freezing orders against A were made because of its connection with B who is suspected of corruption, B is actually a minority shareholder in A yet freezing its bank account will impede the proper functioning of A to the benefit of the other shareholders.

“In the above scenario, it would be just for A to commence proceedings so that a court can examine the property of the BoU’s directives to have its bank accounts frozen. Yet by virtue of section 124 of the FIA, such legal proceedings will be barred by law as the BoU will be insulated from against any legal proceedings by arguing that the directives were made in good faith so that no legal proceedings can be determined against it”.

The judges further reminded that the general principle of law is that a party must be given an opportunity to be heard before these rights are prejudiced or affected by another’s decision. “No one not even BoU can be shielded from being answerable to the dictates of justice. Unfortunately, section 124 of the FIA does just that and gives section 118 of the FIA that undesirable effect. Accordingly, I would hold that to the extent alluded to above, Impugned sections 118 and 124 of the FIA are inconsistent with and in contravention of articles 2, 20 (2), 22, 28 (1), (3) (a), 42,44(c) and 126 of the constitution.

“The petition also succeeds regarding sections 118 and 124 of the FIA which when read together have an unconstitutional effect in that the provisions empower the BoU to make directives cannot be subject to court scrutiny for purposes of determining whether they are justified. This is unconstitutional in that it denies the account holder access to court and shields the BoU from scrutiny in court proceedings. The section gives the BoU favorable and unequal treatment which is contrary to Article 21 (1) of the Constitution.” Reads the judgement which was delivered by Justice Cheborion Barishaki on August 26, 2021.

 

Legal experts welcome ruling

 

According to Mr Peter Walubiri, a constitutional lawyer and lecturer of law at Makerere, the ruling of the Constitutional Court is a landmark because no authority should never have absolute power which sometimes they abuse.

“But clearly it would be very unfair to close any person or institution with powers. If an authority has power that can’t be checked by court, then it can be abused. Imagine if BoU infringes on my property? I think the judgement of the Constitutional Court is much welcome. I can imagine how sometimes they could base on hearsay to close your account and yet you aren’t involved whatever they accuse you for” said Mr Peter Walubiri

 

 

 

 

 

 

 

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FMU receives medical ambulance from Ruparelia Foundation

FMU receives medical ambulance from Ruparelia Foundation

Ruparelia Foundation together with Victoria University Kampala have donated a medical ambulance to the Federation of Motorsports (FMU) to help them facilitate in their activities.

The ambulance was handed over to the FMU President Dipu Ruparelia in a function held at Kabira Country Club.

FMU President Dipu Ruparelia

 

Present at the function was Rajiv Ruparelia, a Ruparelia Foundation trustee and the Victoria University Vice Chancellor Dr. Lawrence Muganga.

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Court summons Aga Khan in the DTB, Ham case

Prince Karim Al-Husayn Shah who is wanted by a court in Uganda.

Court has issued criminal summons against three Diamond Trust Bank (DTB) officials and Prince Karim Al-Husayn Shah, the Founder and Chairman of the Aga Khan Fund for Economic Development.

Prince Karim, Nassim Muhamed Devji- Group Chief Executive Officer and Managing Director Kenya, Varghesi Thambi- Chief Executive Officer DTB Uganda and John Sitakange- Head of Credit DTB Uganda are accused of illegal and irregular transactions from Hamis Kiggunda’s bank accounts.

The four are on 28th September 2021 required to appear before Buganda Road Magistrate’s court to take plea on charges of theft contrary to section 254 of the Penal Code Act Cap 120, making false entries in financial ledgers contrary to section 47 (1) and (3) of the financial Institutions Act of 2004.

They are also accused of electronic fraud contrary to section 19 of the computer misuse Act, uttering false documents contrary to section 351 of the Penal Code Act 120 and conspiracy to commit a felony contrary to section 360 of Penal Code Act 120.

According to affidavit, the top bank mangers superintended illegal and unlawful transaction of Shs 34,295,951,553 and $23,467,670 from his bank accounts.

“The above persons who are the directing mind of the bank had knowledge of illegal transactions and they bear criminal liability for the approval and concurrence in committing the deception and fraud on the complainant’s accounts,” reads in part of affidavit.

Kiggunda said that the four do not meet the criteria and they are not fit and proper persons to own, control and mange a bank or any other financial institutions in accordance with the 3rd schedule of the Financial Institutions Act, 2004

In February 2011 and August 2018, Kiggundu sought and offered $4,014,444 and $6,974,600 loans by the DTB Kenya for construction of commercial properties. To secure the loan Kiggundu mortgaged Kyadondo Block 248, Plot 328 land at Kawuku, FRV 1533, Folio 3, Plot 36-38, Victoria Crescent II Kyadondo and LRV 3176 Folio 10, Plot 923, and Block 9 located at Makerere Hill Road.

DTB Kenya contacted DTB Uganda to collect a loan facility from the businessman. However DTB-Uganda insisted that it did not act as an agent of DTB-Kenya to conduct business in Uganda, but only sought its services as a collection agent for it to receive its payments from Ham Enterprises Limited.

In March last year, Ham dragged both banks to court for siphoning over Shs120 billion from his accounts without his consent. He also wanted the court declare that the banks demand for $4,014,444 and $6,974,600, which was advanced to him by DTB-Kenya, is illegal and unenforceable on the grounds that the Kenyan bank had no license to carry out financial business in Uganda.

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Former Simbamanyo estates owner Peter Kamya loses another fraud case

Peter Kamya.

The former owner of Simbamanyo Estates, Peter Kamya has lost another fraud case in which he sold property in Munyonyo, took deposits and then sold the same property to a third party and refused to refund.

Bahamas Investment Ltd sued Peter Kamya for recovery of Shs 1.3 billion as money deposited to purchase property comprised in Kyadondo Block 255 Plots 126 and 213 in Munyonyo. Bahamas also claimed Shs 130 million being 10 percent of the deposit in event of default by Kamya.

Bahamas further sought general damages, interest and costs of the suit.

The background to the suit as discerned from the pleadings is that the Bahamas Investment Ltd, a dealer in real estate wanted to buy land. Peter Kamya being the proprietor of land comprised in Kyadondo agreed to sell to Bahamas.

The two agreed at a Shs 5,090,000,000 as the purchase price.

In the agreement which they reduced into writing, Bahamas was to pay Shs 1.3 billion on signing the agreement. The balance was to be paid within 30 days from the date of signing.

According to Bahamas, Kamya did not deposit the Certificate of Title with the Bank after paying Shs1,300,000,000. Furthermore, Bahamas Investment Ltd leant that one of the Certificates of Title had been deposited with the Court of Appeal by Kamaya as security for costs.

Bahamas also claim that Kamya attempted to sell the same properties to Bank of Uganda.

Bahamas alleges that it had approached Kamya with the balance of Shs3,790,000,000 on condition that he deposits the certificate of title with the bank or a neutral lawyer but he refused. This prompted Bahamas to terminate the sale in a letter dated October 20th 2016.

In his ruling, Justice David Wangutusi said the defendant (Peter Kamya) breached the agreement and ordered to pay 25 percent per annum interest on the Shs 1.3 billion from 10th October 2016 date of termination till payment in full.

The Justice also ordered Kamya to pay the costs of the suit and interest of 6 percent on general damages from date of judgment in full.

This also comes at a time when the former owner of Simbamanyo Estates lost an appeal in which he sought to recover a multi-billion city building and a hotel from Equity Bank Uganda Limited.

The bank seized Simbamanyo House and Afrique Suits Hotel on Mutungo Hill in Kampala last year after the city tycoon Peter Kamya and his Simbamanyo Estates failed to pay outstanding loans to a tune of $10.8m (about Shs40 billion).

Sudhir Ruparelia acquired the Simbamanyo House in October 2020 after emerging as the highest bidders with $5 million about (Shs18.5 billion) through his company Meera Investment Limited.

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INTERVIEW: URA Commissioner General speaks out on 30 years of existence

URA CG Mr. John Musinguzi Rujoki

A one on one interview with the Commissioner General for the Uganda Revenue Authority (URA) Mr. John Musinguzi Rujoki as the authority marks 30 years of existence.

How do the recent changes in the URA Mission, Vision and core values relate to the URA mandate of revenue mobilization at a time such as this?

The URA mandate is to administer, mobilise, collect, and account for all domestic taxes. Our new mission therefore is to ensure that we mobilize revenue for National Development in a transparent and efficient Manner. Enhancing transparency and accountability in the tax solution is paramount to ensuring that all those required to pay, do pay what is due. We envision URA to become a transformational Revenue Service that will ultimately deliver Uganda’s economic independence.

For us to be able to effectively deliver on our Mandate as spelt out in our new Mission Statement and ultimately achieve our Vision, we are galvanized by a set of new core values of Patriotism, Integrity and Professionalism.

Tell us about the Domestic Revenue Mobilization Strategy and how URA is setting up to promote it?

The core objective of the DRMS is to improve revenue collection and lift Uganda’s tax-to- GDP ratio to somewhere between 18-20% within five years of its implementation. The strategy targets to change the way revenue is raised by targeting the following:-

  1. Lifting the capacities of the revenue administration entities to ensure that revenue is raised in an economically efficient way that reduces the compliance burden for individuals and businesses.
  2. Enhancing transparency and accountability in the tax solution, making it harder for the few who would subvert our society to engage in dishonesty and fraud.

iii. Enhancing taxpayer service delivery, deepening taxpayer education and access to information to ensure that we are all on one path together.

Speaking specifically about revenue collection, what strategies have you put in place to hit the target of Ugx 22.4 Trillion for this financial year?

First of all, we take note of the uphill task we have before us given the economic environment we are operating in. But we have to mobilise the required resources to enable government deliver of the required services. For the case of Domestic Revenue Mobilization, the following are some of the focus areas in this financial year;

  • Expanding the taxpayer register is key in broadening the spectrum from which we have to collect the required taxes. Besides we also have to ensure the integrity of the register at all times.
  • Utilizing the available data generated by both the internal and external systems is a key avenue from which information shall be generated for revenue purposes
  • Enforcing the use of the EFRIS and DTS solution is going to be a key area of focus as these are important tools that generate date for the organization for enhancing the compliance of taxpayers.
  • We are also geared to increase our outreach in the in the Central Business district of Kampala and in areas like Luweero, Mubende and Kamuli. Where we are unable to reach, we shall make use of the Mobile Office/Bus in order to ensure that we bring services closer to both the potential and willing taxpayers.
  • Special focus is going to be given to the collection of non-tax revenues for both MDAs and Local Governments.

Tomorrow September 15th 2021, URA will commemorate its anniversary with a Thanksgiving service, Why is it very important for the institution to give Thanks to God for this momentous occasion?

We must praise and thank the Lord for the journey of URA has been a leap to growth-fast and steady especially in the core mandate of assessing and collecting central revenue on behalf of the government of Uganda.

At infancy in 1991, URA’s collections were about UGX 180 billion with a tax to Gross Domestic Product (GDP) ratio of 6.83%. In the second decade of existence, we rose to Ugx 1.2 Trillion in collections in the financial year (FY) 2001/02 ascending concurrently with the Tax-to-GDP to 10.44%.

The continuous growth in revenue can be attributed to the introduction of new tax regimes to compliment collections throughout the 1990s. These include Value Added Tax in 1996 and Income tax in 1997.

In 2010/11, collections grew to UGX 5 trillion, an increment of about 400% from the start of the decade. This curve rose immensely to over UGX 19 trillion by the close of the FY 2020/21. This particular year registered remarkable performance having been marred by the COVID-19 pandemic.

In FY 2020/21, URA contributed 53% to the actual budget expenditure. The organization now envisions funding the national budget by 100%. This is reechoed in URA’s new vision of a transformational revenue service for Uganda’s economic independence.”

What is URA particularly grateful for?

We have plenty of accomplishments to thank the Lord for. Among them is Government’s trust in URA’s capacity to transparently collect and account for all revenues and this has led to the increment of the scope of revenues to be collected to include Appropriation in Aid (AIA) e.g. University fees.

We are also grateful for the ability to enhance taxpayer services, education, and access to information to improve the taxpayers’ understanding of taxation. We have become more outgoing i.e. more engaging with both the taxpayers and the stakeholders associated with her businesses.

We took a leap to harmonize taxpayer data with the introduction a unique identifier alias Taxpayer Identification Number in 1993. We have now fully automated processes thereby lessening turnaround time in responding to our taxpayers thanks to technology.

URA has ably positioned herself among her regional peers and has represented Uganda in the non-tariff programs to facilitate trade in a harmonized environment. Such abilities have earned URA trust on the African continent explaining why the launch of African Tax Administrators Forum (ATAF) in 2009 happened in Kampala. Today, URA is an influential member of a continental body spearheading solutions to African revenue challenges.

In the same year, the Authorized Economic Operator Program was adopted with 11 pioneer members. The program is aimed at rewarding top players in international trade whose compliance record is commendable. Currently, the program has 96 members whose trade operations amount to about to a tune of 2.89 Billion USD and accounting for about 26% of total tax revenue.

Innovations to ease customs clearing processes have been expanded to include priorities to facilitate trade and regional integration. This has been boosted by a number of initiatives employed such as: One Stop Border Posts (OSBPs) from 2016, implementation of the Single Customs Territory (SCT) in 2014, RECTS, Uganda Electronic Single Window (UeSW), AEO, and implementation of the nonintrusive inspection (NII) in 2018, etc.

RECTS offers cargo e-monitoring, thus reducing transit time by 50%.

The Uganda Electronic Single Window (UeSW) platform enables international traders and government to submit regulatory documents at a single location while the NII, in major boarder points of Busia, Malaba, Mutukula, and Entebbe, allows for inspection of cargo without the need to open the means of transport and unload the cargo.

In addition to the SCT reduced non-tariff barriers and enabled lodgment of declarations before cargo arrives at Mombasa, thus downsizing clearance time from 18-22 days in FY 2012/13 to 4-6 days currently. This move enhanced trade among EAC member states, with support of a Centralized Document Processing Centre (DPC).

The earlier initiatives have today been coupled with Electronic Fiscal Receipting and Invoicing Solution and the Digital Tracking Solution which are not only meant to ease record keeping but also aid in real time tracking of business operation from manufacturing or importing to the final consumer.

Tax education to targeted stakeholders through physical interactions, media engagements and outreach programs has been intensified. The launch of the URA Tujenge Uganda Mobile Tax Office in July 2021 is extending services to Ugandans in areas where URA may not have physical presence. Today, we have extended our services to all major business areas across the country. These efforts are all targeted towards increasing awareness, compliance and expansion of the taxpayer register.

In 2019, we moved into our 21- floor home at Nakawa housing all the Central Business District offices in one place. This saved the taxpayer UGX 3 billion in rent and other service connections annually. The tower provides backend service in one location thus easing service delivery.

Over the years, URA has been recognized by professional bodies and institutions for being a center of excellence in revenue service initiatives, legal services, Human resource management, ICT, public relations among others.

All these milestones are attributed to the resilient and committed efforts of the government, staff and our taxpayers but most importantly, to God.

Any message to taxpayers for the 30 years’ anniversary?

URA just started a new transformational journey at 30 years. At this new age, the taxpayer should expect a service so good that compliance will be simply an outcome. I therefore call upon every business person and every stakeholder engaged in Developing Uganda Together to embrace this journey and move along with URA to deliver our country towards economic independence.

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Police retrieves another body from a septic tank in Francis Onebe’s home

crime

Police has revealed that another body of a girl averred to be 18 years of age has been retrieved from septic tank in Francis Onebe’s home, Dr Kaggwa Rise in Munyonyo, Makindye division in Kampala. The body of a girl was found wrapped in a polythene bag.

Onebe was last week arrested after his wife’s body, Immaculate Onebe, who went missing in January 2021, was found in the septic tank. He was arrested after learning about his intentions to flee the country. But upon arrest, Onebe said he was traveling for treatment, and his earlier reasons to travel to Nairobi also indicated appointments with doctors.

The arrest also followed the nabbing of a former security guard of Onebe who sneaked into the home. It is averred that the guard identified as Okariot disappeared moments after Onebe’s wife went missing.

In January, Onebe reported the case of missing wife Immaculate Onebe at Kabalagala police alleging that his wife was kidnapped by security agencies which were moving in a ‘drone’. He mounted a search for his wife, visiting the Special Investigations Unit (SIU) in Kireka, Chieftaincy of Military Intelligence (CMI) in Mbuya and Criminal Investigations Directorate (CID); however he failed to locate her.

Onebe who is held as the prime suspect the death of his didn’t relent, he placed adverts in newspapers, radios and television stations as well as social media.

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Court dismisses election petition against MP Muhammad Nsereko

MP Muhammad-Nsereko

The High Court has dismissed an election petition challenging the elections  of Kampala Central MP Muhammad Nsereko.

On March 10, 2021, Bobi Wine’s brother Fred Nyanzi Sentamu filed an electoral petition against the Electoral Commission, the Returning Officer Kampala Central Ms. Doreen Musiime and Nsereko.

In her ruling, Justice Margaret Apinyi dismissed the petition on grounds that Nsereko was not served as the law stipulates.

Appearing before Court for a pre-hearing session, Nsereko’s  lawyer Bernard Mutyaba told the presiding judge that his client is not aware of any petition filed against his victory.

Through his lawyers led by Justin Ssemuyaba, Nyanza wanted court to order for recounting of votes in the 50 polling stations gazetted Kampala Central. Nsereko is the only MP who won the election in Kampala with the rest being won by the National Unity Platform (NUP).

“There was noncompliance and failure to conduct a free and fair election, which substantially affected the results,” Nyanzi’s lawyer said. Nyanzi averred that the electoral process was marred with malpractices and alterations of results. He told the Court that his client’s agents were threatened and chased away from polling stations.

Nyanzi contended the Electoral Commission connived with Nsereko to alter and manipulate results recorded on many of the Declaration of Results Forms. He said that the electoral fraud denied him victory since 2,557 votes that cannot be accounted for. Nsereko was declared winner after garnering 16,998 votes as his closest opponent, Nyanzi polled 15,975 giving a difference of 1,022 votes.

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Equity Bank launches electronic platform for customers to settle forex transactions

Samuel Kirubi, Managing Director of Equity Bank Uganda

Equity Bank has launched EazzyFX, an innovation that allows SMEs and corporate customers to settle forex transactions.

Equity Uganda is the third subsidiary within Equity Group to launch EazzyFx following successful launches in Equity Bank Rwanda in June 2021 and Equity Bank Kenya in 2018.

Speaking at the launch, Mr. Samuel Kirubi, the Managing Director of Equity Bank Uganda said EazzyFX will enable customers to request for competitive quotes and prices for both the emerging market and the major traded currencies.

“The successful launch of EazzyFX is a testament of the bank’s commitment towards investing in digitization for the benefit of its customers. Customers will also enjoy real-time streaming access, the ability to place multiple trade orders and access to insights on the various currencies,” he said.

EazzyFX gives Equity customers freedom and control over their trading by enabling them to personalize their profiles and detail their preferred currency pairs from the main dashboard; in order to monitor a specific currency or to compare particular currencies against others.

In tandem, the platform will revolutionize foreign exchange transactions for businesses, institutions and individuals. With clients becoming more and more discerning, there is need for utilization of unique and innovative technology solutions to enable forex dealers to differentiate themselves.

“This new platform will drive efficiency in accessing and distributing foreign exchange liquidity in a more seamless and convenient manner. EazzyFX will give Equity customers a clear view of their full trade workflow and a history of their trading transactions,” he said.

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Air Arabia launches flights to Entebbe

Air Arabia

Air Arabia, the Middle East and North Africa’s airline has announced the introduction of a new service to Entebbe in Uganda.

The direct flights from Sharjah, UAE to Entebbe in Uganda will commence on October 10, 2021.

Air Arabia flight G9 721 will depart from Sharjah at 9 am and land at 13:35 pm on every Wednesday, Friday and Sunday while return flight from Entebbe International Airport will depart at 14:15 pm and arrive Sharjah International Airport at 9 pm.

Air Arabia has also added to the convenience and confidence of passengers by introducing free Covid-19 insurance coverage.

The insurance is automatically included as part of the booking and no additional documents are required from passengers.

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