Ruling on bail for Lema remains in suspension

High Court Judge Salma Magimbi, who was to deliver the ruling in question, was forced to postpone the session sine-die (without indicating the next date of the session) following a move by the prosecution to lodge a notice of appeal to the Court of Appeal.

The judge pointed out that she could not deliver the ruling on the matter because the matter

was now taken up by the Court of Appeal.

The prosecution presented the notice of appeal on December 30, last year, to oppose orders given by the High Court judge.

In her orders, Judge Magimbi had directed the parties to file written submissions on an appeal lodged by counsel for Lema, a lawmaker under opposition Chama Cha Demokrasia na Maendeleo (Chadema), over refusal by the court to grant him bail.

According to the scheduling orders dated December 28, the defence was to present their submissions on December 29, while the prosecution was required to file the reply submission on December 30, while January 2, this year, was reserved for presentation of additional facts.

As a consequence, the opposition MP was returned to remand prison to wait the summons by the Court of Appeal to hear the prosecution’s appeal on his case.

Lema, who has been languishing in remand for almost two months, was arrested on November 2, last year, in Dodoma where he was attending parliamentary sessions and taken to Arusha before he was charged with issuing an insulting statement against President John Magufuli.

Since then, he has remained in remand after his bail application flopped. His decision to appeal against the decision of the lower court to deny him bail is what resulted in the ongoing legal tussle between his lawyers and state attorneys.

In the matter, the prosecution is represented by trial attorneys Paul Kadushi and Innocent Njau, while the defence counsel are Peter Kibatala, Adam Jabir, Sheck Mfinanga, Faraji Mangula and John Mallya.