Maraga Accuses EAC: Weaponizing Treason Against Opposition Figures

• Former Chief Justice David Maraga called for the unconditional acquittal of Tanzanian opposition leader Tundu Lissu.
• Maraga accused East African governments of weaponizing treason and terrorism charges to silence political opponents.
• He criticized Kenya for allegedly facilitating cross-border abductions of dissidents from neighboring countries.
• Maraga urged comprehensive constitutional reforms in Tanzania, citing past commission findings and election violence.
• He warned that delaying reforms could deepen political tensions and called for engagement with the opposition.

Maraga contended that advocating for constitutional amendments, peaceful assemblies, or electoral boycotts cannot legitimately be construed as acts of treason.

Former Chief Justice David Maraga has publicly demanded the immediate and unconditional acquittal of Tanzanian opposition leader Tundu Lissu, asserting that the charges against him lack any legitimate legal basis. In a statement released on Friday, Maraga contended that advocating for constitutional amendments, peaceful assemblies, or electoral boycotts cannot legitimately be construed as acts of treason. His intervention coincides with the High Court of Tanzania's ruling in Lissu's high-profile treason case, where he was acquitted of treason but found guilty of incitement and sentenced to four years in prison, a development that has drawn considerable regional scrutiny regarding political freedoms, constitutional governance, and the impartiality of judicial institutions.

Maraga, who also serves as co-leader of the United Green Movement (UGM) Party and is a declared presidential candidate for 2027, characterized Lissu's prosecution as indicative of a broader trend of political persecution observed across the East African Community (EAC). He alleged that criminal justice systems are increasingly being manipulated to sideline opposition figures from active political engagement. The former Chief Justice specifically highlighted the prosecution's failure to demonstrate the essential legal elements required for a treason conviction, particularly the necessity of proving a clear intent to violently or unlawfully overthrow a government. He further criticized the deployment of such serious charges against political adversaries, viewing it as a sign of governmental fear of political competition, reflecting what he termed "democratic and intellectual bankruptcy."

Beyond the specific case of Tundu Lissu, Maraga voiced profound apprehension regarding the treatment of opposition figures and activists throughout the East African region, including allegations of cross-border abductions. He specifically accused Kenya of facilitating operations targeting political dissidents from neighboring nations. As evidence, he cited instances such as the disappearance of Tanzanian activists within Kenyan territory and the cross-border apprehension of Ugandan opposition leader Kizza Besigye, categorizing these events as state-sponsored kidnappings.

Maraga directly implicated the administration of President William Ruto, asserting that it permits foreign intelligence activities to operate within Kenya's borders. He argued that such permissions compromise national sovereignty, impede regional cooperation, and erode fundamental human rights protections. Furthermore, he condemned a recurring pattern where governments offer financial settlements to the families of victims following alleged state-sponsored violence, including killings, abductions, and torture. He emphatically stated that governing a nation through brutality against its youth or attempting to absolve the state of responsibility for innocent lives with monetary compensation is unacceptable.

Maraga's comprehensive statement also reiterated urgent calls for significant constitutional reforms within Tanzania. He underscored that various past reform efforts have consistently pointed to the need for fundamental structural changes within the country's governance and judicial frameworks. To support this, he referenced the 2012-2014 Constitutional Review Commission, led by former Prime Minister Joseph Warioba, and the more recent 2023 Criminal Justice Reform Commission, headed by retired Chief Justice Mohamed Chande Othman, as clear indicators of persistent demands for institutional overhaul.

He further drew attention to the disturbing findings of the Chande-led commission's inquiry into the violence surrounding Tanzania's October 2025 General Election. This investigation documented a grim toll of at least 518 deaths from unnatural causes, including 197 individuals fatally shot, over 2,300 injured, and 758 persons reported missing. Maraga issued a stark warning that any delay in implementing these crucial constitutional reforms risks exacerbating political tensions and instability. He concluded by urging President Samia Suluhu Hassan to engage constructively with the political opposition to address these pressing issues.

Lawyers and compliance officers in East Africa must monitor the increasing weaponization of treason and terrorism charges against political opponents, as highlighted by Maraga, to assess heightened political risk for clients and ensure robust due process protections are upheld. This trend signals a need for vigilance regarding human rights and the rule of law in the region.

Source: Reporting based on original source material.