Magistrate refers Chadema terrorism case to High Court
Chadema cadres are led into the Tabora Resident Magistrate’s Court yesterday to answer terrorism charges. However, the court said it had no jurisdiction to hear the case. PHOTO | mustafa kapalata
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The accused allegedly committed the offences in 2011 during the Igunga constituency by-election campaigns in Tabora Region
Tabora. The Tabora Resident Magistrate’s Court yesterday referred the terrorism case against Chadema cadres to a higher court saying it has no jurisdiction to hear it.
Resident Magistrate Issa Ibrahim Magori said the case should be filed at the High Court.
Mr Magori noted that since the case involved terrorism charges, his court lacked the legal powers to determine anything with regard to it.
Five Chadema members – Mr Henry John Kilewo, Mr Evodius Justinian, Mr Oscar Kaijage, Mr Rajabu Daniel and Mr Seif Magesa Kabuta – are being accused under the Prevention of Terrorism Act Cap. 19, 2002 and the Penal Code on two counts.
The accused allegedly committed the offences in 2011 during the Igunga constituency by-election campaigns in Tabora Region.
They are alleged to have seized and injured a CCM cadre, Mr Mussa Tesha.
The suspects are also accused of hurting Mr Tesha by splashing on him corrosive substances believed to be acid.
However, defence counsels led by advocate Peter Kibatala and Prof Abdallah Safari questioned the validity of the charges claiming that there were no sufficient criteria to qualify and ultimately verify terrorism.
The lawyers also asked the procedures used to arraign the suspects in Tabora Region instead of the areas where they were arrested.
They said the case was not valid since there were many weaknesses in filing it and that the Resident Magistrate’s Court had no jurisdiction to hear it.
Responding to the arguments, the prosecution led by state attorney Juma Masanja and Idelfonce Mukandara argued that the charges were valid before the court.
Addressing reporters soon after the case was adjoined, advocate Kibatala said the court failed to respond to their arguments and that they were looking forward to filing their arguments to the High Court, Tabora Zone.
“We trust the justice syetem and believe there will be a legal solution at the High Court,” said Mr Kibatala.
He said the application on the case would be filed and presented to the High Court in Tabora as soon as possible.
Chadema’s Tabora regional secretary Athumani Barozi asked party members to be patient as lawyers and the Court handled the matter.
