The High Court of Tanzania, Mbeya Zone, has rejected an application by lawyers representing activist Mdude Nyagali, who remains in police custody after his arrest on November 22, 2024. The lawyers, Boniface Mwabukusi and Philip Mwakilima argued that Mdude’s detention was unlawful and alleged that he had been assaulted while in custody.
However, Justice Musa Pomo dismissed the application citing that the claims of assault and unlawful detention were not sufficiently substantiated.
The lawyers had petitioned the court on November 28, 2024, to order the police to present Mdude in court if there were any charges against him. They insisted that holding him without trial was a violation of his constitutional rights and the Criminal Procedure Act. However, Justice Pomo stated that no concrete evidence, such as medical records or the presence of Mdude himself, was provided to support the allegations of mistreatment.
Speaking after the ruling, Mwabukusi expressed dissatisfaction with the court’s decision, emphasizing their belief that Mdude was assaulted and is being held contrary to the law. “We do not agree with the ruling, and we will deliberate on the next course of action because we are confident that Mdude was beaten and his continued detention is unlawful,” he said.
Mdude, a CHADEMA activist, was arrested in Mbozi, Songwe, during local government election campaigns on November 22, 2024. He was apprehended alongside CHADEMA National Chairperson Freeman Mbowe and Nyasa Zone Chairperson Joseph Mbilinyi (Sugu), both of whom were released on bail on the same night.
Mdude was transferred from Songwe to Mbeya and later to Dar es Salaam on November 30, 2024, where he remains in police custody. In Dar es Salaam, Mdude is being represented by lawyers Paul Kisabo and Alphonce Lusako.
According to Advocate Kisabo, they had completed the process of securing bail for Mdude on Monday, including providing two guarantors as required. However, at the last minute, the police informed them that Mdude would remain in remand and stated they would provide further information by 10 p.m. on December 3, 2024.
