Politics: Chadema 'smells rat' against Tundu Lissu

BY AISIA RWEYEMAMU.

TANZANIA: The opposition party Chadema says it smells a rat after reports that ruling CCM has ordered a law firm to file an appeal against its Singida East MP Tundu Lissu without the petitioners’ consent.

The appeal according to Chadema aims at challenging the judgment issued by High Court in Dodoma on April 27 last year in favor of the opposition chief whip.

Chadema Secretary General Dr Willibrod Slaa claimed that his CCM counterpart Adulrahman Kinana ordered Wasonga & Associates Advocates filing the case at the Court of Appeal against the High Court without petitioners’ instructions approval.

Brandishing documents while addressing reporters at party head office in Dar es Salaam yesterday, Dr Slaa described the move as ‘dirty game’ against Lissu and the party in general.

Dr Slaa said Chadema smells a rat in the ‘project’ as the names of people appearing as appellants in the planned appeal are individuals who had filed the petition that was quashed by the high court at Dodoma in April.

He mentioned Shaban Itambu Selema and Pascal Hallu being individuals now appearing in the notice of appeal as appellants.

However, Seleman who was at Dr Slaa’s press conference yesterday said he has never issued any notice appeal or been consulted by Wasonga & Associates Advocates in the processing of the appeal.

According to Chadema Secretary General already the appeal has been filed at subsidiary registry of the Appeal Court of Appeal in Dodoma and that it was waiting to be assigned a file number and a judge.

Yesterday at the press conference Dr Slaa displayed copies of documents, including affidavit taken by the two petitioners on May 24, 2013 in which they denied involvement in the process of the appeal in question.

In the same affidavit the two individuals promised not appeal against the judgment issued by the High Court in April last year because they had enough litigation in respect of the election results for Singida East constituency.

“Following the decision of the High Court, Pascal Hallu and I decided that we had enough of litigation in respect of the election results for the Singida East  constituency and chose not to prefer any appeal against the judgment, decree and order the High court,” the affidavit read in part.

Selema committed himself further in the affidavit, saying: “I personally decided to stop my membership of, and any association with, the CCM party and have since joined Chama cha Demokrasia na Maendeleo (Chadema). Hallu has remained CCM member and the Mungaa Ward CCM Secretary”.

In the same copy of affidavit Selema expresses shock at noticing Wasonga & Associates decided to file a Notice of Appeal dated May 4, 2012   without their (Selema’s  and Hallu’s) instructions consent or approval by falsely stating that the duo were dissatisfied with the decision of the High Court and that they intended to appeal.

Selema discloses in the affidavit that after information on the said appeal he made inquiries from Wassonga, who confirmed he filed the appeal on Kinana and CCM deputy secretary general (Mainland) Mwigulu Nchemba instructions.

Now the two say they have ordered Wassonga to withdraw the purported appeal as he filed it without their knowledge, instructions, consent or approval. 

Dr Slaa claimed that CCM were planning to spend millions of shillings to ensure the Court of Appeal disqualifies Lissu as Member of Parliament.

The secretary general showed the copy of the letter dated May 20, 2013 written by Wassonga &Associates Advocates to CCM  secretary general, asking for  advance payment amounting to  Sh2 million to be spent in the course of dealing with the appeal in court.

“We will be surprised if the court of appeal will proceed with this matter   because the filed appeal has no basis   for the simple fact that those claimed to be the appellants have distanced themselves from the case,” he said.

CCM publicity secretary Nape Nnaye could not be reached by phone for comment.

However, The Guardian’s sister paper, Nipashe, reached Godfrey Wasonga yesterday to check the details but ended up distancing the law firm from the documents.

 He sad he had no business with CCM and the reports that he had received instructions from Kinana were like breaking news to him. He asked the reporter to tell him if the documents were termed as ‘confidential’ and when the answer was‘ No’ he  simply denied having any connections with them.

On 27 April last year, The High Court, Dodoma Zone threw out a petition which sought to nullify 2010 Singida East constituency election results in which Tundu Lissu (Chadema) was declared the winner.

In the verdict which was read for almost four hours, the High Court Judge, Moses Mzuna rejected petitioners’ arguments and upheld Lissu’s victory, which was announced by the National Electoral Commission (NEC) during October 30 General Election.

The Judge clarified that votes scored by the Singida East MP were correct. According to Judge, Mzuna, the respondent won after scooping 13,787 votes, thus beating his CCM rival Jonathan Njau by 1,626 votes.

“Petitioners have failed to bring in key people who would have proved accusations leveled against the winner (Tundu Lissu). It is the duty of the main petitioner (CCM aspirant) to provide proofs….this is very important in election petitions like this,” said Muzuna.

The case was based on allegations, she said, noting there was no clear evidence to substantiate them.

In the lawsuit filed at the court against Lissu’s victory, the petitioners (from the CCM) raised 11 points in their submission, which they wanted the Judge to use as the basis for nullifying the elections results.

“Because of the fact that the petitioners have failed to provide clear proofs, the court is now throwing out the petition, and upholding the legislator’s victory. I also order the petitioners to pay the costs of the respondent in the case,” said Mzuna.

SOURCE: THE GUARDIAN: http://www.ippmedia.com/frontend/index.php?l=55390