"Fiat Justitia Ruat Caelum"

Prof Lipumba charged with incitement

Civic United Front national Chairman (CUF) Professor Ibrahim Lipumba (62) appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday, charged with inciting his party followers to commit an offence contrary to section 390 and 35 of the Penal Code (Cap 16 R.E 2002).
The prosecution led by State Attorney Joseph Maugo who was assisted by State Attorney Hellen Moshi alleged that the accused committed the offence between 22 and 27 January this year within Dar es Salaam Region.

Before Principal Resident Magistrate Isaya Harufani it was alleged that on the material day, Prof Lipumba being the Chairman of CUF party incited his followers to commit an offence.

The accused who was being defended by a team of five advocates led by council Peter Kibatala pleaded not guilty to the charge and is out on bail after paying a bond of 2m/- and securing two reliable sureties who each signed the same amount of bond.

The bail signatories were CUF Kuruthumu Mchuchuru and ward Councilor Hilda Mriya.

According to the prosecution, the investigation into the case is incomplete and the case will come up for a mention on February 26, this year.

However, he and his party followers were released on police bail on the same day around 2300 hours.

The following morning (yesterday) the national chairman and his followers reported to the Central Police Station to report as per the bail conditions and for further interrogations.

Afterwards, Prof Lipumba was addressing members of the press and was surprisingly rearrested for further questioning.

It is speculated that the distress from the ordeal led him to develop a medical condition and police were forced to rush him to the hospital and thereafter to court.

In a related development, the National Assembly was yesterday suspended twice as opposition Members of Parliament demanded to discuss what they termed as ‘harassment Prof. Lipumba’ on Tuesday in Dar es Salaam.

The motion to discuss the matter was forwarded by appointed MP James Mbatia and commotion erupted when House Speaker Anne Makinda ruled that the matter would not be discussed because the government is today expected to explain the ordeal that saw Prof. Lipumba roughly hurdled into a police car and spent hours in custody.

The Speaker said it is only after the government presents its side that the House would discuss the incident.

Displeased with the decision, opposition members stood up jeering in protest and refused to yield to all the Speaker’s appeals for order forcing her to suspend the session.

That was the morning session, when Bunge resumed in the afternoon, opposition remained adamant and maintained their stance, the matter to be discussed there and then while the Speaker maintained her decision and was again forced to suspend the session when the jeering begun again.

Prof Lipumba was on Tuesday in Dar es Salaam arrested by police along with numerous of his followers as they attempted to stage a peaceful demonstration in honour of their colleagues who were killed in a similar march 14 years ago in Zanzibar.

In his motion, Mbatia described the incident as dehumanising and humiliating saying the highly respected opposition leader was the victim of police brutality and was beaten by police officers for legitimate reason.

"Journalists and children were also beaten and tear gas canisters fired on them," Mbatia told the House, "…Madam Speaker, police are the ones who allowed him to hold the demonstration, how come they stopped him at the eleventh hour?" the MP queried.

"If such acts are not condemned they risk the country's peace and security," he warned.

Mbatia went on to remind the House that in 2013 the Tanzania Centre for Democracy in collaboration with various political parties held a meeting with President Jakaya Kikwete in which they unanimously agreed to stop police brutality against demonstrators.

“I talked to the Home Affairs' Minister as to what happened…why the police dare beat such a High-ranking opposition leader, but I haven't yet got any response,” he said.

“Police claim they got the order from the top, so we as MPs want to know, who is this man at the top who gave the order" the outspoken law maker demanded.

Speaking outside the debating chamber, Mbatia said that due to sensitivity of the matter, the government was supposed to clarify the matter immediately after the question and answers session instead of waiting for tomorrow (today).

"We know this government because we have been working with them for a long time, if we agree with the Speaker to discuss this tomorrow, they will come up with another reason to stop the discussion like saying the matter is in court and so barring the discussions”. 

“This is the reason we insisted for the motion to be debated as soon as possible," Mbatia explained.

On 27th January Police in Dar es Salaam arrested Civil United Front (CUF) National Chairman, Prof Ibrahim Lipumba and 32 other party followers allegedly for holding an illegal demonstration.

"We arrested 32 CUF followers - two women and 30 men including Prof Lipumba for holding a demonstration without a permission. We are interrogating them at the Central Police Station and we may give them bail for  those who will meet the conditions afterwards," said Deputy Commissioner of Police who is also Chief of Police Operation for Dar es Salaam Zone, Simon Sirro in an exclusive interview with this paper.

According to eye witnesses, before arresting Prof Lipumba and his party followers, police fired gas canisters to disperse them.

"Prof Lipumba arrived here with a letter from the Central Police Station saying the demonstration had been cancelled,” narrates a demonstrator who opted for anonymity.

“We disagreed with the decision because our intention is to remember our brethren more than 60 people who lost their lives in Zanzibar,” he lamented.

SOURCE: THE GUARDIAN

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