Dar es Salaam. The High Court (Corruption and Economic Crimes Division) is today expected to rule on a legal challenge raised by main opposition Chadema’s chairman Freeman Mbowe, who claims the court lacks jurisdiction to hear terrorism-related charges against him.
Mr Mbowe, who faces unbailable terrorism-related counts, including that of financing terrorism and conspiracy, has remained in custody for nearly two months.
He was arrested in Mwanza along several other Chadema supporters just hours after they were to hold a public dialogue in renewed efforts to push for the writing of a new constitution in Tanzania.
He was transported to Dar es Salaam before he was arraigned at the Kisutu Resident Magistrate’s Court along two other men.
The case was set for preliminary hearing before Judge Elinazer Luvanda yesterday when Senior State Attorney, Robert Kidando, who sought court’s guidance after receiving preliminary objections from Mbowe lawyers who challenge jurisdiction of the court to entertain the case against their client.
One of Mbowe’s lawyers, Mr Peter Kibatala informed the court that his clients were being charged under two different laws; The Prevention of Terrorism Act and The Economic and Organised Crimes Control Act.
Mr Kibatala argued that The Prevention of Terrorism Act had designated the court for entertaining and determining matters related to terrorism offences only, thus it lacked jurisdiction to hear corruption and economic sabotage charges.
“It is our submission that terrorism-related offences can only be heard and determined by the ordinary High Court and not this special court. Terrorism is not related to economic sabotage offences. So, we ask this court to grant our objections and the accused be set free,” argued Mr Kibatala.
Mr Kidando who was being assisted by senior state attorney Nassoro Katuga separately opposed the objection saying Mr Kibatala fronted the argument on a wrong interpretation of the law.
“Mr Kibatala agrees that terrorism offences under The Prevention of Terrorism Act were put under the Economic and Organised Crimes Control Act. So, if there is a legislation that tells us the offence that these men are charged with is an economic sabotage offence, then there is no any other law we can rely on,” said Mr Kidando.
“If Parliament sits and enacts a law that made terrorism offences to be economic sabotage offences, what other interpretation are we looking for? Since the charge sheet is clear that the accused are charged with terrorism offences, then the offences also fall under economic sabotage offences and this court has jurisdiction to hear and determine them,” he argued.
Mr Mbowe is charged along three other men--Halfan Bwire Hassan, Adamu Hassan Kusekwa alias Adamoo and Mohamed Abdillahi Ling’wenya.
Prosecution has alleged that between May 1 and August 1, 2020 at Aishi Hotel, Hai District in Kilimanjaro Region and in Dar es Salaam, Morogoro and Arusha, Mr Mbowe conspired with other men to commit terrorism offences.
Prosecutor also accused Mr Mbowe of plotting to blow up fuel stations and other areas of public gathering in Dar es Salaam, Arusha and Mwanza. They also said they had evidence the politician had plans to harm former Hai District Commissioner Lengai Ole Sabaya.
No comments :
Post a Comment