Dar es Salaam – A panel of high court judges on Monday dismissed key preliminary objections filed by opposition leader Tundu Lissu, clearing the way for his controversial treason trial to proceed.
The court ruled that the charge sheet is valid and that any procedural issues with witness statements were not sufficient to warrant a dismissal of the case.
The ruling came after a dramatic day in a packed courtroom, where CHADEMA party leaders, led by Deputy Chairperson (Tanzania Mainland) John Heche, joined hundreds of supporters who had gathered to witness the crucial decision.
The atmosphere was electric, with supporters showing solidarity by clenching their fists when greeting Lissu, demonstrating the political significance of the moment.
The ruling represents a major setback for Lissu’s legal strategy, which had focused on challenging the technical and procedural foundation of the prosecution’s case.
Over several court sessions, Lissu, who is representing himself, had systematically argued that the charge sheet was “incurably defective” and that witness statements, particularly those self-written by police officers, violated the Criminal Procedure Act.
Before delivering the ruling, the court dealt with a procedural matter when state attorney Nassoro Katuga, leading a team of seven government lawyers, requested to make a submission before the decision was read.
Katuga argued that if they waited until after the ruling, their request would “lose meaning completely.” After a five-minute consultation amongst the judges, Judge court Nduguru denied the request, stating that since the case had come for a decision, the court would proceed with the ruling first.
Court ruling
Judge Nduguru then systematically addressed the defence’s two main preliminary objections. First, regarding the charge sheet’s validity, the court found that it met the requirements of Sections 135 and 138 of the Criminal Procedure Act.
The judge noted that the charge sheet provided sufficient information in “ordinary language” for Lissu to understand the specific offence he faces, referencing legal precedents including the cases of Mwaikunda and Isdory, which require “reasonable information” about charges.
The court also examined whether the charge sheet followed the English procedure requirements that Lissu had argued were necessary, referencing the Grey and Khatibu Gandhi cases.
However, the judges concluded that the current charge sheet adequately contained both the “statement of the offence” and “particulars of the offence” as required by law.
On the second objection concerning witness statements, the court acknowledged that there were procedural questions about police officers writing their own statements, which Lissu had argued violated Section 11 and Section 194 of the Criminal Procedure Act.
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However, the judges determined that while these issues existed, they could be addressed during the trial through cross-examination rather than requiring pre-trial dismissal. The court concluded that the alleged defects were not fatal to the case and did not prevent it from moving forward.
After the comprehensive ruling was delivered, Lissu formally accepted the court’s decision without challenge. “Honourable Judges, after listening to the order of witnesses, I have no objection to what has been decided,” he stated, indicating his readiness to proceed to the next stage of the legal process.
The case will now move to the trial phase, where the prosecution will present its evidence and witnesses to prove the substantive treason charges against Lissu. The court has indicated that the next step will be the “hearing of witnesses.”
Intensifying political climate
The decision intensifies the political climate in the country, with the trial of a prominent opposition figure now set to run alongside the final weeks of the campaign for the general election on October 29, 2025.
The case continues to draw significant attention, with observers viewing it as a critical test for the rule of law and democratic space in the East African nation.
The treason charges against Lissu stem from statements he allegedly made that the prosecution claims were intended to incite others against the government.
READ MORE: Procedural Disputes Mark Second Day of Treason Trial Against Tundu Lissu
The case has been closely followed since it began, with each court session drawing significant public attention and extensive social media coverage, particularly through detailed live-tweeting that has provided unprecedented transparency into the proceedings.
Monday’s ruling marks the end of the preliminary phase of the trial, during which Lissu had mounted a sophisticated legal challenge to the very foundation of the case.
His arguments had focused on technical legal requirements, drawing on established precedents and procedural law to argue that the charges should never have been brought in the first place.
The court’s decision to dismiss these objections means that the case will now proceed to examine the substantive evidence and testimony.
Maintaining innocence
Lissu, who survived an assassination attempt in 2017 and spent years in exile before returning to contest the 2020 presidential election, has consistently maintained his innocence throughout the proceedings.
His decision to represent himself in court has been seen as both a demonstration of his legal expertise and a statement of defiance against what he and his supporters view as politically motivated charges.
The case has also highlighted broader questions about freedom of expression and the treatment of political opposition in the East African nation. Human rights organisations and diplomatic missions have been monitoring the proceedings closely, viewing them as an indicator of the country’s commitment to democratic principles and the rule of law.
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The court’s decision to allow the case to proceed ensures that these issues will remain in the spotlight throughout the crucial pre-election period. The trial phase is expected to involve detailed examination of the evidence, including the contested witness statements and the specific words that form the basis of the treason charges.
When the case resumes on October 6, 2025, the trial phase will begin, requiring the prosecution to prove the treason charges with substantive evidence beyond a reasonable doubt.
The outcome will have implications not only for Lissu personally but also for the broader political landscape and the interpretation of treason laws in the country’s legal system.
