The Court of Appeal dismissed with costs an appeal lodged by former deputy minister, Daniel Nsanzugwanko, challenging the election of Zaituni Agripina Buyogera of NCCR-Mageuzi as Member of Parliament (MP) for Kasulu Rural Constituency.
Daniel Nsanzugwanko
Justices Nathalia Kimaro, Salum Massati and William Mandia, found nowhere to fault the findings of Judge Haruna Songoro, who on May 30, last year, dismissed the election petition filed by Mr Nsanzugwanko at the High Court, Tabora Registry.
Nsanzugwanko, who was Deputy Minister for Information, Culture and Youth Development, through his advocate, Mr Constantine Ntalemwa, had requested the justices to nullify the election results and order a by-election, alleging misdirection by the judge at the High Court.
He had alleged that the trial judge had failed to analyzing and evaluating his (Nsanzugwanko) evidence and could not provide reasons why he had disbelieved and rejected the testimony, in particular defamatory statements given by Ms Buyogera during campaign meetings.
The opposition MP, he alleged, had accused him of being a witch for killing former legislator for the constituency, Teddy Magayane, a thief for misusing 31m/- allocated for the constituency’s developments, was a violent person and was sponsored by a corrupt party.
But in their judgment, the justices noted that the trial judge, contrary to what Mr Ntalemwa had said, made a thorough analysis of the evidence adduced by both sides before making his finding and gave reasons for so deciding. “The trial judge dully discharged his role in the assessment of the evidence that was led to prove the case and gave his decision.
In determining the issues the trial judge analyzed the evidence of both sides, made and supported his findings,” they ruled. They agreed with the submissions by Principal State Attorneys Obadia Kameya and Vincent Tango and advocate Majura Magafu that under the law, it was mandatory for Mr Nsanzugwanko to refer his complaint to the Ethics Code of Conduct over defamatory words issued against him.
The justices said that the High Court judge rightly questioned why the appellant (Nsanzugwanko) did not refer his complaint to the Electoral Code of Conduct and thus, they agreed with him that such failure watered down his case. They noted that the standard of proof in election petitions is beyond reasonable doubt.
In the case, the justices said, the trial judge entertained doubts as to whether the second respondent (Buyogera) uttered the defamatory words against the appellant. “The appellant failed to prove beyond reasonable doubt that (Buyogera) did so. Consequently he (High Court judge) dismissed the appellant’s claim.
Where is the fault to make the Court to interfere? We see none. We dismiss the appellant’s appeal with costs,” the justices concluded.
Mr Nsanzugwanko had contested for a parliamentary seat in the constituency in the 2010 General Election under the ruling Chama Cha Mapinduzi (CCM) ticket. However, he only polled 18, 482 votes, losing to the opposition candidate, Ms Buyogera, who garnered 26,130 votes.
By FAUSTINE KAPAMA, Tanzania Daily News
