republic vs farid hadi ahmed others 2021 tzca 141 23 april 2021

republic vs farid hadi ahmed others 2021 tzca 141 23 april 2021

The High Court of Tanzania lacks jurisdiction over counts exclusively committed in Zanzibar; such counts are triable only by the High Court of Zanzibar. Amendments making certain offences economic offences do not apply retrospectively to acts committed before their enactment. Consent based on marginal notes is erroneous, but the main objection is resolved by the jurisdictional finding. The information must be amended to remove counts not triable by this Court.

Citation
republic vs farid hadi ahmed others 2021 tzca 141 23 april 2021
Parties
Prosecution: Republic; Accused: Farid Hadi Ahmed and 35 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 April 2021
Procedural Posture
Criminal Sessions Case / Ruling on Preliminary Objection
Outcome
Preliminary objection partly upheld
Legal Topics
Jurisdiction, Terrorism, Economic Offences, Consent of DPP, Territorial Jurisdiction, Retrospective Application of Law
Source Language
English
Criminal Law Constitutional Law Jurisdiction Terrorism Economic Offences Consent of DPP Territorial Jurisdiction Retrospective Application of Law

Case Brief

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Parties

Republic

Prosecution

Farid Hadi Ahmed and 35 Others

Accused

Procedural Posture

Criminal Sessions Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court of Tanzania has jurisdiction over offences allegedly committed in Zanzibar under the Prevention of Terrorism Act and Armaments Control Act
  2. 2 Whether certain counts require the consent of the Director of Public Prosecutions and if such consent was properly given
  3. 3 Whether amendments to the Economic and Organized Crimes Control Act apply retrospectively to offences committed before their enactment

Ratio Decidendi

The High Court of Tanzania lacks jurisdiction over counts exclusively committed in Zanzibar; such counts are triable only by the High Court of Zanzibar. Amendments making certain offences economic offences do not apply retrospectively to acts committed before their enactment. Consent based on marginal notes is erroneous, but the main objection is resolved by the jurisdictional finding. The information must be amended to remove counts not triable by this Court.

Court Disposition

Preliminary objection partly upheld

Orders

  • Counts 4, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, and 25 struck out for want of jurisdiction; to be tried by the High Court of Zanzibar
  • Order for amendment of information within three days to remove counts not triable by this Court