Friday, March 4, 2022

Tanzania government drops terrorism charges against opposition leader and co-accused

Osoro Nyawangah, MWANZA Tanzania

Tanzania’s Director of Public Prosecution, has set free the Chairman of main opposition party (Chadema), Freeman Mbowe and three co-accused by dropping terrorism charges against all the four accused erupting jubilation in the courtroom in Dar es Salaam city.

Freeman Mbowe

Mbowe and three others who were not in the court today, were set to present their defence against the terrorism charges facing them after the High Court (Division of Corruption and Economic Offenses) found the defendants with a case to answer.

He and co-accused former Tanzania defence forces comandoos Halfani Hassan, Adam Kasekwa and Mohamed Ling'wenya were accused of plotting to blow up fuel stations, public gatherings, cities markets with the intent of making the country ungovernable.

Mbowe alone faced a separate charge of financing acts of terrorism in the Economic Sabotage Case Number 16 of 2021 at the High Court’s Corruption and Economic Crimes Division and has been in prison for 226 days.

Presenting the Nolle Prosequi (made under section 91(1) of the Criminal Procedure Act, Cap 20 T.E 2019), Senior State Attorney, Robert Kidando, told the court that the DPP on behalf of the Republic will not further prosecute the four accused for the offenses of conspiracy to commit terrorist acts……..they stand charged before the High Court of the United Republic of Tanzania at Dar es Salaam.  

“The court is informed by Director of Public Prosecutions on behalf of the Republic that he will not further prosecute Freeman Nbowe and three others for the offences of conspiracy to commit terrorist acts, providing funds to commit terrorist acts, participating in a terrorist meeting and possession of property for commission of terrorist acts,” reads the released Nolle Prosequi sheet.

Giving the Court ruling, the Judge of the high court Joachim Tiganga said that since the defence team does not have objection, he withdraws the case and set all the accused free without condition. “Therefore, I order the Commissioner of Tanzania Prisons to set them free today and not otherwise!”

United States' ambassador to Tanzania, Donald Wright said in his twitter page: "Today's dismissal of the case against Freeman Mbowe is a welcome opportunity for Tanzania to turn the page and focus on the future. Now let's work together to seize the immense opportunities that exist, and build a future of peace, prosperity, and freedom for all."

The senior politician and critic of the ruling party together with 200 people suspected to be Chadema members were rounded up in the dead of night in the north-western port city of Mwanza on July 21 last year, ahead of a planned conference to demand constitutional reform and slapped with terrorism case.

The arrests came four months after Tanzania's first female President Samia Hassan took office in March following the sudden death of her predecessor Magufuli.

Nolle Prosequi sheet

There had been hope that president Hassan would bring about a new era of democracy after the increasingly heavy-handed rule of Magufuli but Chadema leaders say the arrests of Mbowe and his colleagues reflect a deepening slide into “dictatorship”.

They accused the government of meddling in the case and wanted the court to dismiss the charges.

Peter Kibatala led the defence counsels during prosecution that saw government presenting 13 witnesses out of 24. He was supported by other 11 lawyers namely Paul Kisabo, Sisty Aloyce, Gaston Garubindi, Iddi Msawanga, Evaresta Kisanga, and Maria Mushi.

Others were Nashon Nkungu, John Mallya, Jeremiah Mtobesya, Fredrick Kihwelo and Dickson Matata. - Africa  

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