A former Chairman of the National Human Rights Commission(NHRC) and activist lawyer, Prof. Chidi Odinkalu has been chosen to lead the legal team of Tanzanian opposition party, ACT and its presidential candidate, Seif Sharif Hamad in disputed just concluded presidential polls at the African Court on Human and peoples Rights for alleged electoral malpractices.
Tanzania’s main opposition party, Alliance for Change and Transparency Wazalendo (ACT Wazalendo) and its presidential candidate in the 2020 controversial presidential election, Mr. Hamad have petitioned the John Magufuli-led national Government before the African Court on Human and Peoples’ Rights for reported electoral breaches.
Prof Odinkalu, a frontline Nigerian human rights lawyer and a one-time Chairman of the Governing Council of the NHRC, would be leading the team of legal experts to challenge the legality of the controversial presidential poll in 2020 in which incumbent President, John Magufuli emerged as winner.
On the Odinkalu’s led team is another profoundly awesome lawyer and radical rights activist based in Senegal, Ibrahima Kane.
The New Diplomat’s checks indicate that Hamad’s legal team under the leadership of Odinkalu have already filed the suit against the Tanzanian Government at the behest of the opposition party, ACT Wazalendo, and its presidential candidate at the poll, Mr. Hamad
Recall that Hamad had protested the election and subsequently dragged the Tanzanian Government led by John Magufuli before the African Court, questioning the validity of the election on grounds of strong and evident electoral and human rights violations ..
The court is expected to sit in Arusha, Tanzania. Among the court’s judges is a Nigerian, Mrs. Stella Anukam.
Correspondingly, a General Secretary of the party, one Mr. Ado Shaibu has been named as the second applicant, while Mr Ezekiah Dibogo Wenje, a contestant for the position of Member of Parliament in Rorya federal Constituency, Mara Region, in Tanzania has equally been named as the third applicant.
In the suit, another parliamentary candidate for Kwahani Constituency in Zanzibar, Omar Mussa Makame is named the 4th applicant while many registered voters who were allegedly restricted and had their rights to vote illicitly voided are also joined as applicants.
The New Diplomat’s checks reveal that in the substantive suit, the applicants are praying that the election and its aftermath be voided on several grounds. Among the basis, they said is that both the National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC), which organised, supervised and conducted the elections in Tanzania Mainland and Zanzibar, were heavily compromised, thereby rendering the election invalid.
They maintined: “That preceding, during and immediately after the elections, the Respondent through its agents namely NEC, ZEC, the Tanzania Police Force, Tanzania Intelligence and Security Service, Tanzania Peoples Defence Force and Tanzania Communications and Regulatory Authority, the Ministry of Information, Culture, Arts and Sports, the Tanzania Broadcasting Corporation, the Zanzibar Broadcasting Corporation, the Ministry for Regional Administration and Local Government, the Ministry for Regional Administration, Local Government and Special Forces engaged in multiple acts that violated the rights of the applicants to participate in the elections as citizens of the Respondent.”
The applicants claimed further that all the institutions mentioned above worked for the ruling Chama Cha Mapinduzi (CCM) party, to the detriment of all other political parties.
According to the applicants , other breaches include molestation of opposition parties agents and use of law enforcement and security agents to harass and intimidate opponents.
They said: “That with respect to the Tanzania Police Force, Tanzania Intelligence and Security Service, Tanzania Peoples Defence Force, the following violations took place; a. Blatant and egregious discrimination against the Applicants and their respective political parties, and in favour of the incumbent CCM party, its candidates and its officials; Violence and torture against citizens, voters and candidates includingand specifically women candidates in the presidential, parliamentary and local government elections, before, during and after the Voting Day and announcement of results;
“Unlawful and arbitrary intimidation, threats, arrest and detention of citizens; of supporters of the Applicants, and the Applicants themselves;
“Unlawful and excessive use of force leading to injury and death numerous voters;
“Arbitrary and unlawful denial of the right to peaceful protest to the Applicants;
“Malicious prosecution of citizens; of supporters of the applicants and of the Applicants themselves;
“g. Denial of access to legal representation;
“By all of the above, the Tanzania Police Force knowingly and intentionally created an environment that was unsafe for the exercise of the right to vote and participation.”
The applicants also alleged that they had no option under the prevailing condition than to apply to the court because Tanzania’s constitution does not offer them any hope to remedy the grave violations and anomalies.
Quoting designated sections such as 19. Article 41(7) of the Constitution of the United Republic of Tanzania which states, among other things that “When a candidate is declared by the Electoral Commission to have been duly elected in accordance with this Article, then no court of law shall have any jurisdiction to inquire into the election of that candidate,” teh opposition party avers that the natural option is to approach the African Court on Human and peoples Rights for the alleged electoral malpractices.
They said: “Article 74(12) of the Constitution of the United Republic of Tanzania also provides that: “No court shall have power to inquire into anything done by the Electoral Commission in the discharge of its functions in accordance with the provisions of this Constitution.
“Article 119(13) of the Constitution of Zanzibar provides that: - “No court shall have jurisdiction to enquire into anything done by the Zanzibar Electoral Commission in the performance of its functions in accordance with the provisions of this Constitution.”
Among other prayers, the applicants are praying that the African Court should consequently declare that Tanzania violated and acted in clear breach of the African Charter on Human and Peoples’ Rights, especially Articles 1, 2, 3(1)-(2), 7(1), 13(1)-(2), Articles 2(3)(a)-(c), 3 and 25(a)-(c) of the International Covenant on Civil and Political Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), especially Articles 2(1)(a)-(b) and 9(1)(a)-(b).
The opposition party and its presidential candidate are also praying the court to direct Tanzania as a country and a legal jurisdiction to investigate and bring to account all persons or institutions proven to be culpable in the violations of the rights of the applicants and the people of Tanzania.
The applicants are also seeking other protocols and directives to remedy the breaches of their rights in addition to paying reparations.
The suit which was filed on November 20th, 2020 has not been scheduled for hearing. The court has, however, acknowledged receipt of the application and said it had registered in its registry for scheduled hearing at a date to be determined.
