Mbowe to remain quiet for now after case is dropped

Dar es Salaam. The release of Chadema chairman Freeman Mbowe and three co-accused was received with mixed reactions from various quarters in the country.

This was after the decision of the Director Public Prosecutions (DPP) to drop terrorism charges that faced the co-accused.

Yesterday, the firebrand opposition politician and his co-accused were expected to start their defence before Judge Joachim Tiganga of the High Court’s Division of Corruption and Economic Crimes.

This was after the decision that they had a case answer. The determination judgment whether the accused persons had a case to answer or not was made on February 18, this year. But, instead of the co-accused starting defending themselves, Judge Tiganga said he had received a certificate (Nolle Prosequi) from the DPP signed by senior state attorney Robert Kidando.

The Nolle Prosequi seen by The Citizen says it was made under Section 91 (1) of the Criminal Procedure Act, Cap 20 R.E 2019.

“The Court is informed by the Director of Public Prosecutions on behalf of the Republic that he will not further prosecute Halfan Bwire Hassan, Adam Hassan Kasekwa @Adamoo, Mohamed Abdillahi Lingwenya and Freeman Aikael Mbowe,” it reads in part.

But, contacted yesterday after the decision that was colourfully received by the defendants lawyers, Chadema cadres, members and supporters, some renowned lawyers were of the view that the country’s criminal laws and procedures and justice system needed reforms.

The former President of the Tanganyika Law Society (TLS), Dr Rugemeleza Nshala, said currently the law allows the DPP to drop charges at any stage of the case before the court verdict. “Unfortunately, they are not giving reasons behind these decisions,” he said.

Regarding the trend of similar cases being dropped including the one involving 36 Uamsho Muslim clerics, Dr Nshala said the drift indicated a serious deterioration of the rule of law in the country.

“Some people use their powers to arrest others and detain them in custody without enough evidence. Therefore, major reforms are in the criminal laws for justice to take its course,” he said.

Another Bar former head John Seka said the DPP had the mandate to drop charges, but only after the court approval.

Another advocate, Mr Jebra Kambole said despite the DPP’s mandate, the prosecution’s head can recall the case at any moment he/she collects enough evidence.

For his part, Tanzania Episcopal Conference (TEC) secretary general Charles Kitima said the judiciary was a law-abiding institution, noting that it has made the decision after finding that there were weak or no evidence against the accused persons. “The DPP’s decision was guided by the law. However, we need to know reasons behind the decision,” he observed.

For his part, Evangelical Lutheran Church in Tanzania (ELCT) Karagwe Bishop Benson Bagonza said the decision marked the beginning of a new reign.

“Mbowe has been released from prison where he stayed for eight months. People are rejoicing that Mbowe is now free. I say, he is not yet free, but he is out of prison because the laws that were used to arrest him and deny him bail have not been removed. “Cut down rejoicing, thinker deeper and strategise on ways to make Tanzania a place where Justice kisses Peace,” Dr Bagonza argued.

In his tweet, US ambassador to Tanzania Donald Wright said the case dismissal was 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,” he tweeted.

Mbowe speaks

Addressing reporters yesterday, Mr Mbowe said briefly: “For now, I beg to remain quiet. I will speak with my fellow [party] leaders and then I will arrange another day to address the media.”

How it unfolded

Mr Mbowe was arrested on July 21, 2021 at the Kingdom Hotel in Mwanza after which he was connected in a case facing the three accused persons arraigned on August 19, 2020.

The accused spent over 200 days in remand prison, during which the case was underway at the High Court Division of Corruption and Economic Crimes. During the Public Hearing (PH), the accused persons lodged over 12 objections in different stages of the proceedings.

The February 18 determination was made after prosecution had fielded 13 witnesses out of the planned 24, with Judge Tiganga becoming the third Judge to preside over the case after Judges Elinaza Luvanda and Mustapher Siyani.

A case of its kind

The case attracted different personalities ranging from rights activists, representatives of foreign missions to the country and ambassadors as well as the opposition politicians, members and supporters.

A joint statement by the European Union Heads of Mission to Tanzania on the attack against Mr Freeman Mbowe was among petitions that hit the headlines.

Several political parties pressed for the release of Mr Mbowe whose political party is the main opposition outfit in Tanzania.

Addressing a press conference yesterday, Tanzania Centre for Democracy (TCD) sitting chairman Zitto Kabwe recalled how he requested President Samia Suluhu Hassan to consider Mr Mbowe’s freedom was reinstated. “It is a great pleasure that, in the same hall when we asked the the President to oversee the release of Mr Mbowe, another stakeholders’ meeting hopefully under the attendance of the just released colleague is expected to take place. It is a great achievement for sure,” he said.

Mr Kabwe said the stakeholders meeting was expected to take place on March 30 and 31, this year in Dodoma, noting that President Hassan and Zanzibar leader Hussein Ali Mwinyi are expected to officiate and close the event.

“It is intended to reflect on challenges of strengthening democracy and propose the way-forward in order to improve democratic environment, people’s rights and strengthening the national unity via reconciliation,” he said.

According to him, the meeting is expected to come up with proposals for the new electoral law and amend the Political Parties Act 1992. “The aim is to enact the bills and enable the country to hold free, fair and credible elections and conduct political activities without interference,” he said.

He called upon TCD members including CCM, Chadema, CUF, ACT-Wazalendo and NCCR-Mageuzi to use the opportunity for the interest of the counrtry.

Fundraiser attracts $13,813

The fundraiser created February 1, 2022 under the organization of Mr Liberatus Mwang’ombe to collect funds that would support payments to lawyers representing Mr Mbowe in the case recorded the collection of $13,813 which is equivalent to Sh31.77 million by 2:00pm yesterday.

The situation at the court

After Judge Tiganga’s statement following the DPP’s decision, the court chamber, those present inside and outside became jubilant singing songs of justice.

Prison officers outside the court were temporarily subjected to difficulties to control the crowd that was overwhelmed with joy.

Most of the songs praised lawyers representing the defendants’, with efforts to calm the joyful crowd proved to be difficult.

March to party headquarters

After the conclusion of the case, cadres, members and supporters mobilised themselves to walk to party headquarters to wait for the arrival of Mr Mbowe, others considered to follow him at the Prison.

They arrived at the party headquarters where they went on singing and rejoicing until when they were told by deputy secretary general Benson Kigaila that Mr Mbowe would not see them after completion of procedures. The announcement wasn’t received well as members continued to express curiosity to see their leader.

Defendants’ lawyers

Lawyers said they fought bravely during the case in defending their clients and that they left no stone unturned in the legal books.

As State Attorney Kidando submitted the DPP certificate, The Citizen witnessed the leader of the defendant’s lawyers Peter Kibatala failing to control himself as he shed off tears of joy.