The African Court on Human and Peoples’ Rights have struck out the name of late Seif Sharif Hamad as party to a suit challenging electoral misconduct allegedly perpetrated by Tanzanian government against Hamad and his party, Zanzibar for the Alliance for Change and Transparency Wazalendo party (ACT-Wazalendo party).

TheNigeriaLawyer recalls that the former Chairman of the Governing Council of the National Human Rights Commission (NHRC), Prof Chid Odinkalu, had alongside another seasoned lawyer and human rights defender from Senegal, Ibrahima Kane approached the African Court on Human and People’s Rights on behalf of Hamad who was a Presidential aspirant on the platform of ACT-Wazalendo party at the Tanzanian election that took place in the 2020 elections of the country

The party’s secretary-general Ado Shaibu is named as the second applicant, while Mr Ezekiah Dibogo Wenje, a Rorya Constituency parliamentary candidate, in Mara Region, is the 3rd applicant while the Kwahani Constituency House of Representative contestant in Zanzibar, Omar Mussa Makame is the 4th applicant who are joined with other registered voters.

The name of the 1st Applicant was struck out upon application by the 2nd to 7th Applicants who informed the court that the 1st Applicant is dead (died on 17 February, 2021).

The court granted the application and struck out the name of the 1st Applicant on the basis that it is in the interest of justice to do so

The Court order was made available to TheNigeriaLawyer and is dated 4th of May, 2021.

The Court relied on Rule 90 of the Rules which provides that: “nothing in these Rules shall limit or otherwise affect the inherent power of the Court to adopt such procedure or decisions as may be necessary to meet the ends of justice.”

The court held thus, “since the Second to Seventh Applicants have requested that the First Applicant’s name be struck out from the Application following his death, it is in the interest of justice to order that the striking out.

“The Court notes that striking out the First Applicant’s name necessitates a change of the title of the Application and that this will not adversely affect either the procedural or substantive rights of the Respondent state.”

Recall also that the applicants are before the court to contend that both the National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC), that organised and supervised the conduct of the elections in Tanzania Mainland and Zanzibar, were compromised.

They said: “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.”

They alleged institutions above to have worked for CCM, to the detriment of other political parties, the applicants were molested while their agents were denied access to polling stations and that security agencies refused to investigate reported allegations.

“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 including and specifically women candidates in the presidential, parliamentary and local government elections, before, during and after the Voting Day and announcement of results,” according to them.

The applicants also said elections were marred with unlawful and arbitrary intimidation, threats, arrest and detention of citizens; of supporters and the applicants as well as unlawful and excessive use of force leading to injury and death of numerous voters.

They said the process had an arbitrary and unlawful denial of the right to peaceful protest to the applicants; malicious prosecution of citizens; supporters of the applicants and of the Applicants themselves.

“The Tanzania Police Force; knowingly and
intentionally created an environment that was unsafe for the exercise of the right to vote and participation,” reads the application.

They said since no court in Tanzania Mainland and Zanzibar has powers to inquire declared election results; the applicants are asking the African Court to declare that Tanzania violated several Articles of the African Charter on Human and Peoples’ Rights, Article 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). The court should direct Tanzania to investigate and bring to account all persons found to be responsible for the violations of the rights of their rights.

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