Former Sumbawanga MP loses election results appeal

THE Court of Appeal dismissed the appeal by former Member of Parliament (MP) for Sumbawanga Urban Constituency under Chama Cha Mapinduzi (CCM), Aeshi Hilaly, challenging the nullification of the election results by the High Court.

A panel comprising Justices Januari Msoffe, Edward Rutakangwa and Angela Kileo, confirmed the earlier decision by the High Court, Sumbawanga Registry, ruling that the appeal by the ex-MP had several legal defects.

In their decision read by the Court’s Deputy Registrar Zahra Mruma in Dar es Salaam, the judges noted that on September 19, this year, when the matter was called for hearing, the appeal lacked essential documents to support the pleadings.

One of the defects, the judges said, the pleadings presented did not include the proceedings and ruling on the request for reduction of fees deposited in court as bond during opening of the election petition, before the High Court as required under the Court of Appeal Rules. Such documentation, the judges said, was very important as evidence that the main petition was legally filed and conducted in accordance with the Rules of the Court of Appeal.

At the time the ruling was given, Hilaly was not present, while his closest challenger, Nobert Yamsebo, who had contested for the seat through the Chama cha Demokrasia na Maendeleo (Chadema) ticket was in attendance and commended the court’s wisdom for the decision.

On April 30, this year, the High Court unseated Aeshi Hilaly, after nullifying results of the October 2010 elections. In his judgment, Judge Betwell Mmila concluded that the elections were marred by various irregularities.

“After taking into consideration all issues brought before this court and testimony of witnesses, I now conclude that the elections held in Sumbawanga Urban Constituency in 2010 were null and void,” the judge had declared.

In the petition, Yamsebo lost to Hilaly by a margin 196 votes, had invited the court to nullify the results, saying there were serious irregularities, cases of prohibited practices and infringement on people’s rights that made the whole exercise not free and fair. According to the results, Hilaly got 17,328 votes, while Yamsebo garnered 17,132 votes.

Source: Daily News (09/10/2012): http://dailynews.co.tz/index.php/local-news/10340-former-sumbawanga-mp-loses-election-results-appeal