Big win for Uamsho clerics as 14 charges are dropped

Dar es Salaam.  Muslim clerics famously known as the Uamsho (awakening) led by Sheikh Farid Ahmed and others 35 who have been in remand since 2012 facing terrorism charges yesterday won government appeal against Supreme Court’s decision to drop 14 of 25 charges against them.

 The moves comes after the Court of Appeal dismissed government’s appeal which stated that the Director of Public Prosecutions (DPP) has the authority to appeal the decision of the Supreme Court and lowers courts that have additional jurisdiction to exercise its jurisdiction is limited except in opposing punishment or acquittal.

On April 23, 2021 Supreme Court dropped 14 charges after agreeing to the arguments of their lawyers, Daimu Halfani, Juma Nassoro, Jeremiah Mtobesya and Abubakar Salum that the court has no jurisdiction to hear the charges as alleged crimes were committed in Zanzibar.

The government through DPP appealed at the Court of Appeal but during the hearing of the appeal the defendants lawyers raised objections against government’s appeal.  

Among other things they were claiming that DPP no longer the authority to appeal under the Act number 6 of Appeals Authority Act. 

They claimed that the clause had been removed by the court when it declared that it contravened the Article 13 (1) and (2) and 6 (a) of the Constitution of The United Republic of Tanzania, in the case number 27 of 2018, Joseph Gwaza against the Attorney General.

Responding to the objection, the DPP claimed court’s decision on Gwaza case involved interlocutory orders and that contested decision to dismiss the charges concludes the criminal charges.

However, Court of Appeal in its judgment delivered yesterday by a three-judge panel hearing the appeal, led by Judge Stella Mugasha, alongside Shaban Lila and Winfrida Korosso, agreed with Uamsho lawyers and dismissed the government appeal.