Tanzania's judge withdraws from terrorism case facing chief opposition leader

DAR ES SALAAM, Tanzania

Judge Elinaza Luvanda of a Tanzania High Court (Corruption and Economic Crimes Division) who has been hearing the case of Economic Sabotage No. 16/2021 with six charges including terrorism, has offered to step down from hearing the case.

The judge has withdrawn from the case after the fourth accused in the case, Freeman Mbowe, told the court that he and his three co-defendants did not trust the Judge in doing justice to their case.

The case has been adjourned.

His lawyers had argued that the high court's Corruption and Economic Crimes Division where he appeared had no powers to hear the case, which was previously being handled by a magistrate's court.   

But last Wednesday judge Elinaza Luvanda said that "this court has the jurisdiction to hear terrorism cases and therefore I don't agree with the objection made by defendants."   

The hearing took place under tight security, with some representatives from foreign embassies and Chadema's senior leaders in attendance, but many journalists were banned from entering the courtroom by police.    

Mbowe has been behind bars since July 21 when he was arrested along with a number of other senior Chadema officials in a night-time police raid hours before they were to hold a public forum to demand constitutional reform.    

The 59-year-old has been charged with terrorism financing and conspiracy in a case that has sparked concerns about democracy and the rule of law under President Samia Hassan. 

Meanwhile, the country’s opposition and rights activists have condemned the arrest of several members of the country's main opposition Chadema party, who were to hold a forum to discuss constitutional reforms.

The condemnations came after police in Musoma, a town in Mara region in the northern part of Tanzania, Saturday arrested nine members of the main opposition Chadema party who were organizing a symposium on a new constitution. 

In a post shared on Twitter, the Chadema party said it was following the incident, which it said suppresses democracy. 

The statement said, “We strongly condemn this blatant violation of the constitution and rule of law, sowing the seeds of hatred, discrimination, and discord within communities,” It also protested against what the party called the “suppression of democratic rights” by police and other security forces. 

Speaking with VOA, Chadema party spokesperson Coast Zone Gerva Lyenda said the ongoing unrest is motivated by their demand for a new constitution. 

Lyenda said that before the demand for a new constitution, there were no arrests. He said the problem is a new constitution, it’s their right and they will fight for it. Lyenda added that Chadema would like to obtain a new constitution without bloodshed. 

Chadema is challenging the current constitution which was formed under a single-party system saying it favors the ruling Revolutionary Party.