Judge Lila pulls out of Sheikh Ponda case

HIGH Court Judge Shaban Lila has disqualified himself from hearing the appeal lodged by Sheikh Ponda Issa Ponda to oppose conviction and sentence imposed on him by Kisutu Resident Magistreate’s Court over his involvement in a plot dispute.

The judge said when the matter came for mention before him last week that he does not feel comfortable to preside over the appeal in question.

Following such development, Judge Lila returned the case file to the judge in charge for reassignment of another adjudicator.

Sheikh Ponda, the Secretary of the Council of Islamic Organization, was convicted by Resident Magistrate Victorian Nongwa of one count of forcible entry to the plot situated at Chang’ombe area in Temeke District and given a suspended sentence of 12 months.

The magistrate convicted Ponda of forcible entry, but gave him such lenient sentence after considering number of factors, including being in remand for a long time and that he was convicted of a “not scheduling offence”, meaning it does not provide the sentence to be given.

Magistrate Nongwa had to resolve to other sections to look for appropriate sentence to be provided to the convict. “You’re required to be a man of peace and good behaviour for all this period.

Refrain from committing any other crimes,” she told Ponda when sentencing him. The court had been told that the Muslims Council of Tanzania (Bakwata) exchanged the plot with Agritanza Limited, which had offered a 40-acre plot at Kisarawe for the purpose of constructing a university.

But, according to the magistrate, a section of Muslims claims that what was done by Bakwata was wrong.

She, therefore, directed the parties involved to refer the matter to appropriate courts for determination and faulted the procedure adopted by Sheikh Ponda to reclaim the plot.

“It has been proved that Ponda took laws in his hands, which is not proper. He was seen at the plot and supervised the construction of a temporary mosque at the area.

He might have a good intention, but the procedure he used was not proper,” the magistrate had said.

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