Africa-Press – Tanzania. THE High Court in Dar es Salaam Thursday dismissed the constitutional petition lodged by Chadema National Chairman Freeman Mbowe, seeking for declaration that his arrest and arraignment over unbailable terrorism and economic crime trial was unconstitutional.
Judge John Mugeta ruled against the opposition leader, the petitioner, after upholding one ground of objection lodged by the respondents in the matter, the Director of Public Prosecutions (DPP), the Inspector General of Police (IGP) and the Attorney General (AG).
In the ground of objection, the respondents represented by Principal State Attorney Hangi Chang’a from the Solicitor General’s Office, had contended that the petition was fatally defective for contravening section 4 (5) and 8(2) of the Basic Right and Duties Enforcement Act.
They stated that the petitioner had an alternative means of redress or remedy before seeking the intervention of the High Court over the alleged violation of constitutional rights
The Court agreed with the submissions by the state lawyers that the matter should not be heard because the petitioners failed to use other available remedies to seek the rights he claimed before filing a constitutional case.
According to the judge, there was a criminal matter against him (Mbowe), which is pending before the Corruption and Economic Crime Division of the High Court, where he could have raised the complaints first before filing the constitutional petition.
“I therefore agree with this objection of the respondents that this is a legal matter and as stated by the Principal State Attorney in written submissions that the Court hearing his (Mbowe) Economic Case is the correct court. So he was supposed to present first his claims there, “said Judge Mugetta.
In the constitutional petition, Mbowe stated that his arrest and subsequent charging in court grossly violated his rights protected by the constitution.
The outspoken opposition leader was arrested from his hotel room in Mwanza on July 21, 2021 amid renewed campaigns by his party to push for a new constitution.
He was transported to Dar es Salaam the following day, taken to his residence at Mikocheni where he was searched before he was remanded at Oysterbay Police Station until July 26, 2021 when he was arraigned at the Kisutu Resident Magistrate’s Court to face the terrorist case.
The petitioner had alleged in a sworn affidavit to support his petition that the search was conducted in a manner that was indecent and calculated to inflict maximum humiliation and mental torture, both to him and his family.
At Oysterbay Police Station, he alleged to have been subjected to further verbal abuse, and was made to sleep in a Spartan remand room without any amenities such that I slept on the bare floor.
