Dar es Salaam. Chadema national chairman Tundu Lissu on Monday, September 15, 2025 refused to proceed with his treason trial at the High Court’s Sub-Registry in Dar es Salaam, insisting that the hearing should be adjourned until his supporters, whom he claimed had been expelled from the courtroom, were allowed back in.
Lissu made the demand at the start of arguments on the second ground of his objection challenging the court’s jurisdiction to hear the case. He told a three-judge panel that it was unacceptable for police to order people out of what was supposed to be an open court.
“This is a civilian High Court, not a military court,” Lissu said. “The only people with authority here are the judges, not the ZCO, not the RPC, and not Samia.”
The prosecution, led by Chief State Attorney Nassoro Katuga, opposed the request, arguing that the absence of supporters was not a valid reason to adjourn proceedings.
“There is no order barring people from attending,” Katuga said. “The accused’s claim is not a ground for adjournment. The case should proceed.”
After hearing both sides, the judges, Dunstan Ndunguru (presiding), James Karayemaha and Ferdnand Kiwonde, adjourned the matter for one hour to prepare a ruling on whether the trial could continue.
Background to the case
Lissu faces one count of treason under section 39 (2) (d) of the Penal Code. The charge stems from remarks he allegedly made in April this year in Dar es Salaam, where he is accused of inciting the public to prevent the 2025 General Election.
The prosecution claims he made statements and writings pressuring the head of state, including: “If they say this stance amounts to rebellion, then it is true… because we say we will stop the election, we will mobilise rebellion, this is the way to bring change… we will cause chaos… this election we will seriously disrupt… we will cause great turmoil.”
The case was scheduled for preliminary hearing on September 8 before the three-judge panel. However, Lissu raised objections asking the court to dismiss the charge, citing invalidity of the charge sheet and lack of jurisdiction.
On Monday, September 15, the court dismissed the first ground, clearing the way for arguments on the second.
Tensions in court
Yesterday’s standoff began shortly after the judges entered Courtroom No. 1, designated as an open court. Some Chadema supporters present stood up and walked out, with Lissu later claiming they had been removed on police orders.
He argued that the High Court could not allow the police to dictate proceedings in a matter of such national and international significance.
“This trial is being followed closely by the public and the media,” Lissu said. “If the bench allows this, it will be turning this court into a court of darkness.”
He urged the court to order the return of those expelled before the trial could proceed.
Police officers were deployed outside the courthouse to reinforce security, reflecting the sensitivity of the case.
State’s position
In response, Katuga said that adjournments are governed by the Criminal Procedure Act, which grants discretion to the court. He cited section 192, which requires courts to be open but leaves management of attendance to the court itself.
“An open court means anyone may enter or leave,” Katuga said. “No order has been issued requiring the return of those who left. The accused’s request is not justified.”
The judges are expected to deliver their ruling on whether proceedings can continue once they reconvene.
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