Dar es Salaam. Retired Prime Minister and Judge Joseph Warioba has urged the government to exercise political wisdom to facilitate the release of Chadema Vice Chairman Tundu Lissu, who is facing treason charges.
Judge Warioba’s remarks follow recommendations by political and human rights stakeholders outlining four key humanitarian measures, including the release of Mr Lissu, to promote national unity following events surrounding the October 29, 2025 general election.
Speaking in an interview with veteran journalist Jenerali Ulimwengu, the former Prime Minister, First Vice President and long-serving judge said presidential clemency does not amount to judicial interference.
He explained that constitutional executive powers could be invoked where there are compelling reasons to promote national reconciliation or protect broader public interests.
“Courts deliver judgments based on law, but the Constitution empowers the President to grant pardons or drop charges under appropriate circumstances to calm the political climate, heal wounds and open avenues for dialogue,” said Judge Warioba.
He cited previous instances where political dialogue took precedence over ongoing court proceedings, including the release of former Chadema chairman Freeman Mbowe in 2022 while he was facing terrorism charges.
“Mr Mbowe was in custody, but due to public interest and the prevailing situation, authorities facilitated his release to allow negotiations to proceed,” he said.
He also referred to President Samia Suluhu Hassan’s directive of November 13, 2025, ordering the Director of Public Prosecutions (DPP) to review and drop charges against youths detained during post-election unrest.
“Why should this approach fail in Mr Lissu’s case? To heal these wounds and talk, it is proper that he be released because he is a central figure,” argued Judge Warioba.
Judge Warioba’s appeal comes amid recent calls by former minister Prof Anna Tibaijuka, who advised President Hassan to apply her 4Rs philosophy: Reconciliation, Resilience, Reforms and Rebuilding, to resolve the matter.
Prof Tibaijuka warned that the prolonged prosecution was damaging Tanzania’s international standing, a sentiment echoed by the Commonwealth Ministerial Action Group (CMAG) during its 73rd extraordinary meeting on July 10, 2026, when it called for a political and legal resolution.
Judge Warioba stressed that using executive discretion to promote political reconciliation is a standard global practice, citing post-apartheid South Africa as a key historical example.
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