Dar es Salaam. Chadema chairman Tundu Lissu yesterday suffered a setback in his ongoing treason case after the High Court dismissed his attempts to block part of the prosecution’s evidence.
Mr Lissu argued that he was unaware of the charges against him and insisted that certain testimony presented by the prosecution was irrelevant to the case.
The case, being heard at the High Court (Subordinate Courts) in Dar es Salaam, revolves around allegations that Mr Lissu, on April 3, 2025, incited the public to disrupt the upcoming General Election and threatened the Government of the United Republic of Tanzania.
He faces a single count of treason under Section 39(2)(d) of the Penal Code, based on statements he allegedly made that were aimed at halting the 2025 polls.
During yesterday’s proceedings, Mr Lissu raised objections twice during the testimony of the first prosecution witness, Assistant Commissioner of Police (ACP) George Wilbard Bagemu. ACP Bagemu, who serves as Deputy Director of Criminal Investigations for the Dar es Salaam Special Zone (DZCO), was testifying about a video clip showing Lissu making various statements included in the charge sheet.
Mr Lissu objected to parts of the witness’s testimony, claiming that statements such as police carrying ballot boxes with alleged fake votes into polling stations were not contained in the formal charges and, therefore, should not be admitted into evidence.
However, the court rejected Mr Lissu’s objections.
Representing the prosecution, Principal State Attorney Nassoro Katuga argued that it is the responsibility of the prosecution to present all relevant evidence.
He said that the witness should not be precluded from giving testimony and that the defence would still have the opportunity to cross-examine the witness on any points raised.
Mr Lissu maintained that allowing such testimony could open the door for the prosecution to introduce other evidence not directly connected to the charges. He insisted that under the law, evidence not explicitly mentioned in the charge sheet should not be included in the court record.
After considering submissions from both sides, Principal Judge of the High Court Dunstan Ndunguru, leading a three-judge panel with judges James Karayemaha and Ferdinand Kiwonde, ruled that the court has the ultimate authority to determine whether evidence is relevant to the charges.
He noted that the witness would continue to provide testimony and that the accused would have the opportunity to cross-examine him later.
During his testimony, ACP Bagemu also cited additional statements allegedly made by Mr Lissu, claiming that judges are loyal to the president and affiliated with the ruling party, CCM and that they preferred appointments to the Court of Appeal.
Mr Lissu objected again, arguing that these remarks were not mentioned in the charge sheet and therefore irrelevant to the case.
The court, however, dismissed this objection as well, reiterating that it is the court’s role to assess the relevance of all evidence presented.
Mr Lissu first appeared in court on April 10, 2025, at the Resident Magistrate’s Court in Kisutu, Dar es Salaam, for preliminary proceedings, which included pre-trial investigations and the completion of evidence collection.
Following the conclusion of investigations, the case was formally transferred to the High Court on August 18, 2025, for full hearing.
The court hearings are being closely monitored by members of the public and political analysts, as the case has attracted significant attention given its implications for political discourse and the upcoming general election.
Legal experts note that the case raises important questions about freedom of expression, the boundaries of political speech and the interpretation of treason laws in Tanzania.
Mr Lissu has remained defiant throughout the proceedings, insisting that he is being unfairly targeted for political reasons. His defence team, led by senior advocates John Seka, Edson Kilatu and Jasper Sabuni, has consistently challenged the prosecution’s evidence and procedures, arguing that the case lacks merit and that the charges are politically motivated.
The prosecution, represented by Principal State Attorney Nassoro Katuga and a team of four lawyers, maintains that all evidence presented is crucial to proving that Mr Lissu deliberately attempted to incite public unrest and obstruct the democratic process.
As the trial continues, both sides are expected to present further evidence and the court will determine whether Mr Lissu’s statements constitute treason under Tanzanian law.
The proceedings remain a focal point of national debate as Tanzania prepares for its 2025 General Election.
Register to begin your journey to our premium contentSubscribe for full access to premium content
