Ex-Nida boss denied bail at High Court
Former Nida director general Dickson Maimu.PHOTO|FILE
What you need to know:
- Judge Eliezer Feleshi reached the decision yesterday after agreeing with the state submissions that the affidavit supporting the application has legal shortcomings.
- On behalf of judge Feleshi, Registrar of the High Court Projest Kahyoza said there was a default in the affidavit, which is the basis of the application, there was no application.
Dar es Salaam. The High Court has rejected an application for bail filed by six former National Identification Authority (Nida) officials, who are charged with occasioning over Sh1.2 billion loss.
Judge Eliezer Feleshi reached the decision yesterday after agreeing with the state submissions that the affidavit supporting the application has legal shortcomings.
On behalf of judge Feleshi, Registrar of the High Court Projest Kahyoza said there was a default in the affidavit, which is the basis of the application, there was no application.
“I agree with the republic that the affidavit has shortcomings. The court has, therefore, rejected the application,” the judge ruled.
However, the judge said the applicants have a chance to file a fresh submission if they wish.
The accused, include former Nida director general Dickson Maimu, finance and accounts manager Benjamini Mwakatumbula, transport officer George Ntalima and legal service director Sabina Raymond. Others are Mr Xavery Kayombo, director of Gotham International Limited, and Mr Astery Ndege, who is the director of Aste Insurance Brokers Company Limited.
They were arraigned in August along with two others at Kisutu Resident Magistrate’s Court facing 27 counts, including those of occasioning loss to a specified authority under the Economic and Organized Crimes Act.
According to the charges, the accused allegedly did not use selling exchange rates established by the Bank of Tanzania (BoT) in violation of Clause 19 (3) of the agreed contract between Nida and such company, thereby enabling the organisation to obtain undue advantage and causing a loss of 167,445,676.67.
Due to the fact that total monetary value in the charges exceed Sh10 million, the lower court had no jurisdiction to enter and determine any application for bail to the applicants.
Resident Magistrate Respicius Mwijage ordered the accused to be remanded in custody or otherwise to apply for bail at the High Court which has jurisdiction to hear the matter.
In their application for bail, the applicants through their lawyers led by Mr Michael Ngalo gave several grounds, including that of the offenses which they stand charged and have reliable sureties to secure their attendance in court whenever required.
