Glimmer of hope at last for Lema

Arusha. Arusha Urban MP Goldbless Lema was offered a glimmer of hope yesterday after spending nearly four months behind bars.

The Director of Public Prosecution (DPP) dropped an objection lodged before the Court of Appeal challenging the decision to allow Mr Lema to appeal against his incarceration.

The DPP’s office was yesterday roundly criticised by a three-judge panel for the way it has handled the case, which the judges said had demeaned the legal practice and dispensation of justice.

Earlier, state attorneys Faraji Nchimbi and Paul Kadushi told the court that legal technicalities had prompted the DPP to withdraw the objection to Mr Lema being released on bail. The DPP had initially objected to Mr Lema being given time to file his appeal against the prosecution’s objection to his being granted bail in the incitement case brought against him.

Another appeal was against the decision of the Arusha Resident Magistrate’s Court to grant the legislator bail.

A legal tussle followed the withdrawal of the DPP’s objection before justices Bernard Luanda, Musa Kipenka and Stella Mugasha eventually ordered that all appeals filed in the case be dismissed.

Lawyers defending Mr Lema, led by Mr Peter Kibatala, said they were awaiting the High Court’s verdict on their client’s bail application.

“The final decision on bail will be made by the High Court, and we ask the court to do so at the earliest possible time,” Mr Kibatala said.

His remarks were echoed by Mr Justice Luanda , who took a swipe at the DPP’s office for the way it handled the case, which, he added, was full of technical inconsistencies. “The courts are always expected to ensure that justice is done and not otherwise,” he said, adding that the DPP’s office had acted contrary to the expectations of the legal fraternity despite having qualified personnel.

Security was tight in and around the courthouse yesterday, with scores of Chadema members and supporters turning up to follow the proceedings.

Among those present were members of the party’s central committee, including chairman Freeman Mbowe, secretary-general Vincent Mashinji, Mr Frederick Sumaye, Mr Arcado Ntagazwa and Prof Mwesiga Baregu. Several opposition MPs were also present. Mr Mbowe, who is the Leader of the Official Opposition in Parliament, later said that yesterday’s developments had given the party renewed hope in its quest for justice.

“We have reason to be hopeful. We had previously suspected that the Judiciary was being remotely controlled by the government through directives from above,” he said.

Mr Mbowe, however, criticised the Attorney General’s Chambers, saying it had in many instances acted contrary to existing laws in cases such as the one brought against Mr Lema.

“It has been a rough ride, but the Court of Appeal’s verdict has come as a relief...it’s a breath of fresh air.”

Mr Lema has been held at Kisongo Prison in Arusha for nearly four months. He was arrested in Dodoma on November 2, last year.

He was charged with making seditious remarks against President John Magufuli during public rallies held in Arusha on October 23 and 26.

Mr Lema allegedly said the country would be plunged into chaos if President Magufuli does not change what he described as his discriminatory leadership style and lack of respect for democracy.

The MP and his wife also allegedly insulted Arusha Regional Commissioner Mrisho Gambo through a text message. He denies all charges. Mr Lema’s bail application was blocked in December with the prosecution, arguing that releasing him would be contrary to revised laws on criminal procedure.