Dar es Salaam: Court of Appeal hears AG on Aeshi petition loss

BY AISIA RWEYEMAMU.

The Court of Appeal yesterday began hearing of an appeal on the judgment of the Sumbawanga zonal branch of the High Court to nullify results of the 2010 Sumbawanga Urban parliamentary election where Aeshi Hilary (CCM) emerged the winner.

The High Court nullified the results following a petition filed by the Norbert Yamsebo, the CHADEMA candidate, who contended that the polling process was marred by a number of irregularities.

The appeal, which includes three appellants Aeshi, the Attorney General (AG) and the National Electoral Commission (NEC), has been put to three justices of appeal, namely Edward Rutakangwa, Bwana Steven Bwana and Professor Ibrahim Juma.

The appellants have 10 points as grounds of their appeal in challenging the High Court decision, passed nearly a year ago, on April 30, 2012.

State attorney Michael Luena requested the Court of Appeal to overturn the High Court judgment because there was serious and material contradiction on the evidence presented before the court and used in making judgment

The evidence used to nullify the Sumbawanga Urban constituency results were practices of corruption and allegations of violence, the appellants contend.

They say the respondent failed to prove beyond reasonable doubt if it was true that there was violent conduct and corruption, and how those factors affected the poll process.

Luena explained that the evidence used by the court to prove that Aeshi offered bribes has serious elements of doubt prejudicing its credibility.

It’s not proper to make such judgment with devastating consequences as the petitioner has only a single witness. Therefore caution had to be taken before making judgment over allegations of corruption, he said.

The respondents had also not submitted the security cost to the court, while the determination was made in 42 days instead of the mandatory 14 days as the law requires, the state attorney pursued. 

Due to that reason the government requested the court to reverse the Sumbawanga High Court verdict and declare that the election was free and fair.

Speaking after the appeal hearing, Court of Appeal Justice Edward Rutakangwa explained that because the election case has a time deadline they will work hard to reach a verdict within the timeline, without setting a date for delivering verdict.

The appeal was submitted at the Court of Appeal by the AG on January 10 this year, requesting the appellate court to reverse the High Court decision and declare that the election was free and fair.

Through advocate Richard Rweyongeza, the AG told the court that there was no connection between the violence, corruption and Aeshi, who emerged the winner.

In the main case No. 1 of 2010, Yamsebo contested Hilary’s victory claiming the election was not free and fair because it was marred by fraud and irregularities. 

On April 30 last year, Sumbawanga High Court Judge Betwell Mmila delivered judgment which unseated Aeshi Hilary after nullifying results of the October 2010 elections. He concluded that the election was marred by various irregularities, including corruption.

Election results showed that Yamsebo lost to Hilary by a margin of 196 votes, with Hilary obtaining 17,328 votes while Yamsebo garnered 17,132 votes.

 SOURCE: THE GUARDIAN (20/04/2013): http://www.ippmedia.com/frontend/index.php?l=53775