Prosecution seeks more time in Lissu treason case, raising election concerns

Dar es Salaam. The prosecution has requested more time to decide the fate of the treason case against Chadema chairperson, Mr Tundu Lissu, prompting concern that his continued detention could hinder his participation in the October General Election.

Mr Lissu is facing two separate criminal cases before the Kisutu Resident Magistrate’s Court in Dar es Salaam: treason and online publishing of false information.

The two cases, presided over by different magistrates, came up for separate proceedings on Tuesday, July 1, 2025.

The treason case was listed for mention and an update on the government’s investigation, while the false information case was set for hearing.

In the treason case, Senior State Attorney Nassoro Katuga told the court that the Director of Public Prosecutions (DPP) had completed reviewing the file and was now preparing to make a decision.

“After examining the evidence and receiving legal opinion, the file is ready for a final decision,” said Mr Katuga, adding: “We request a new date for further mention.”

However, Mr Lissu, who is representing himself despite having a team of about 30 lawyers, strongly objected, urging the court to reject the prosecution’s request.

Mr Lissu, a lawyer by profession, said that on June 16, 2025, the prosecution informed the court that investigations were complete and the case file had been submitted to the DPP.

“They were supposed to give a decision today, not ask for more time,” said Mr Lissu.

He added, “How long does it take to determine whether the evidence justifies referral to the High Court for trial? If the evidence is insufficient, they should enter a nolle prosequi and drop the case.”

Quoting Section 245(4) of the Criminal Procedure Act (CPA), Mr Lissu argued that once investigations are complete, the DPP must review the file and determine whether there is a case to answer.

He urged the court to compel the prosecution to either file the case in the High Court or withdraw it entirely.

“It is in the public interest—and the interest of justice—that this matter be resolved. The DPP’s powers should be exercised today. This is an election year, and a key opposition leader has now been held in remand for 90 days,” he said.

He further argued that although the Registrar of Political Parties has the powers to deregister a political party during the election period, they do not have the power to block candidates or prevent him from running.

“Now the prosecution is using Ukonga Prison to stop me from contesting, Your Honour,” he said.

In his ruling, the magistrate stated that the court had not been presented with any legal provision enabling it to compel the DPP to file or drop the case.

However, he directed the prosecution to finalise its position by the next date, noting that suspects should not be held indefinitely.

The matter was adjourned to July 15, 2025

Mr Lissu is charged with treason under Section 39(2)(d) of the Penal Code, allegedly committed on April 3, 2025, in Dar es Salaam.

He is accused of inciting the public to block the 2025 General Election and of making statements intended to pressure the Head of State.

False information case halted by review applications

In the separate cybercrime case, the hearing was suspended after Mr Lissu filed two applications at the High Court seeking judicial review of earlier decisions by the Kisutu court.

Principal Resident Magistrate Geofrey Mhini agreed to a prosecution request to postpone the case pending High Court rulings.

Ms Lissu faces three counts of publishing false information on YouTube, in violation of Section 16 of the Cybercrimes Act, 2015.

The trial was initially scheduled to begin on June 2, 2025, but was adjourned after the prosecution sought time to await a ruling on a request to protect prosecution witnesses.

Mr Lissu challenged that decision at the High Court, arguing it violated his right to a fair trial.

He also opposed the prosecution’s use of Section 188 of the CPA to seek adjournment, calling it unconstitutional.

The application was set to be heard by Justice Elizabeth Mkwizu on June 27, 2025.

However, the government filed a preliminary objection, asking the court to dismiss the case on three legal grounds.

The court was first required to determine the objection. After hearing both sides, Justice Mkwizu scheduled her ruling for July 11, 2025.

In his second application, Mr Lissu challenged the Kisutu court’s June 16 decision allowing some witnesses to testify anonymously.

That case is scheduled for mention on July 16, 2025. The government was directed to file its response by July 8.

Meanwhile, the witness hearing in the main case, which had been due to resume on July 1, was also affected by the pending High Court applications.

Prosecutor Katuga asked the Kisutu court to suspend proceedings, arguing that the High Court’s decisions could affect the validity of all proceedings from June 2 onwards.

“Based on Section 242(1), we submit that these are sufficient grounds for adjournment, as continuing while the High Court is considering related matters would be improper,” he said.

However, Mr Lissu’s lead counsel, advocate Mpale Mpoki, joined by Dr Rugemeleza Nshala and Peter Kibatala, objected, saying the review applications had no bearing on the witnesses due to testify that day. They urged the court to proceed with the hearing as scheduled.

Main allegations against Mr Lissu

In the false information case, Mr Lissu is accused of linking the President of the United Republic of Tanzania to the disqualification of Chadema candidates in the 2024 Local Government Elections, accusing police officers of ballot theft using ballot pouches, and alleging that judges denied justice in exchange for being appointed Justice of Court of Appeal.

The alleged offences were committed on April 3, 2025, in Dar es Salaam. Prosecutors claim Mr Lissu made the remarks with the intent to mislead the public.