Dar es Salaam. The High Court’s Main Registry in Dodoma has ordered the Independent National Electoral Commission (INEC) to accept the nomination forms of ACT-Wazalendo presidential candidate Mr Luhaga Mpina and immediately process his nomination.
The case, numbered 21692, challenged INEC’s decision to reject his nomination papers for the forthcoming General Election.
It was heard by a three-judge panel comprising Abdi Kagomba, Evaristo Longopa, and John Kahyoza.
Mr Mpina filed the petition after INEC disqualified him from the official list of aspirants who had lodged nomination forms.
Delivering judgment on Thursday, September 11, 2025, Judge Evaristo Longopa said, considering the circumstances, and since the petitioners’ rights were violated, we grant the following interventions and declare as follows.
He stated that under Article 74(11) of the United Republic of Tanzania’s Constitution, INEC is an independent body not obliged to receive instructions from any authority, including the Office of the Registrar of Political Parties.
Secondly, the Court declared that INEC made decisions affecting the petitioners, and thirdly, that INEC denied them the right to be heard, rendering its letter Ref. No. CBACEA75/162/24/ of August 26, 2025, unconstitutional, void, and without effect.
“Having made such declarations, and following the plea from petitioners that the Court issue appropriate consequential orders, we direct that the petitioners be allowed to present the second petitioner’s nomination forms and that the process continue from where it ended on August 27, 2025,” Judge Longopa ruled.
He further held that, since the case aimed to uphold the Constitution and laws of the land and broaden civil education on rights, the costs would be shared equally.
However, the Court dismissed the petitioners’ request for Sh100 million in general damages, ruling it inappropriate under the circumstances. Stakeholders dissatisfied with the judgment are free to appeal.
The hearing has drawn national attention, given its implications for opposition participation in the October 29 polls.
Proceedings resumed on Wednesday at 3 pm and were attended by Mr Mpina, his running mate Fatuma Fereji, ACT-Wazalendo leader Dorothy Semu, Chief Legal Counsel Omari Shaban, and regional leaders.
Lead counsel John Seka argued the dispute was not with the Registrar but with INEC’s refusal to receive forms.
He said INEC had acted on instructions to block Mr Mpina, violating the Constitution as the Commission lacked a legal mandate.
“If the Registrar had objections, these should have been raised after INEC received the forms. We question where the Registrar obtained such powers,” Mr Seka told the Court, citing breaches of several constitutional provisions.
Counsel Edson Kilatu said neither Mr Mpina nor ACT-Wazalendo had been heard, while INEC relied solely on correspondence from another body, contrary to the law.
He questioned INEC’s reliance on Section 36 of its Act, saying it did not justify rejection of forms.
Representing the State, Senior State Attorney Stanley Kalokola countered that granting a hearing at that stage would have violated electoral timelines.
He said ACT-Wazalendo had also failed to prove its candidate met statutory requirements.
“The right to be heard is fundamental, but accommodating it at this stage would have breached the law,” he argued, adding no Registrar’s decision had previously been overturned.
The petition, filed by ACT-Wazalendo’s Board of Trustees and Mr Mpina, sought an order compelling INEC to receive and process his nomination papers.
The case comes amid heightened political tension as the October 29 General Election nears.
Mr Mpina, a former deputy minister and prominent opposition figure, has been at the centre of debate on fairness and candidate rights under Tanzania’s constitutional framework.
