Tanzania Court acquits Tundu Lissu of treason, convicts him of incitement

Tanzania's opposition leader Tundu Lissu has escaped a possible death sentence after the High Court acquitted him of treason but found him guilty of incitement over remarks made during his campaign for electoral reforms ahead of the 2025 General Election.

The decision was delivered on Friday, November 6, 2026, by a three-judge bench at the High Court's Dar es Salaam Sub-Registry, bringing an end to the treason proceedings that had kept the CHADEMA national chairman in detention since April 2025.

The panel, led by Justice Dunstan Ndunguru alongside Justices James Karayemaha and Ferdinand Kiwonde, ruled that the prosecution had failed to prove that Lissu intended to intimidate the government through his statements.

However, the judges found that the evidence supported a lesser charge of incitement under Section 390 of Tanzania's Penal Code.

Reading the judgment, Justice Ndunguru explained that the court had examined evidence presented by both the prosecution and defence before reaching its conclusion.

He further pointed out that Section 319 of the Criminal Procedure Act allows a court to convict an accused person of a lesser offence, even where it was not separately listed in the original charge sheet.

"The court is satisfied that, under Section 319 of the CPA, the accused committed the lesser offence of incitement under Section 390 of the Penal Code," Justice Ndunguru said.

The judges also considered testimony from prosecution witnesses who claimed that Lissu's remarks had influenced them to take part in activities intended to disrupt the election.

Although the court cleared him of the capital offence, the incitement conviction means the opposition leader remains guilty of a criminal offence, with the sentence and further details of the court's reasoning yet to be announced.

How the Treason Case Began

Lissu's legal troubles stemmed from statements he allegedly made on April 3, 2025, at CHADEMA's national headquarters in Dar es Salaam during a campaign dubbed 'No Reforms, No Election'.

The campaign sought changes to Tanzania's electoral system before the October 2025 General Election, with the opposition demanding reforms to address concerns over the fairness, independence and credibility of the electoral process.

Prosecutors accused Lissu of attempting to stop the election by encouraging rebellion and mobilising his supporters to disrupt the polls.

The State relied on remarks in which he allegedly declared that the opposition would block the election and organise rebellion as a way of forcing political change.

According to the prosecution, the statements amounted to an attempt to intimidate the government and challenge the constitutional order.

Lissu rejected the allegations, maintaining that he was exercising his political rights by pushing for electoral reforms rather than planning to overthrow or intimidate the government.

He faced charges under Section 39(2)(d) of Tanzania's Penal Code, which criminalises attempts to intimidate the Executive, Parliament or Judiciary through published material or an overt act.

The offence carries the death penalty, making the case one of the most closely followed legal battles involving an opposition politician in Tanzania.

Lengthy Trial and Court Disputes

The treason trial lasted several months, with prosecutors presenting 17 witnesses before closing their case in August 2026.

Lissu subsequently presented his defence, challenging the evidence and arguing that the prosecution had failed to establish the accusations beyond reasonable doubt.

The proceedings were also interrupted by a dispute over additional evidence that the prosecution sought to introduce.

After the High Court declined to admit the material, the prosecution challenged the decision at the Court of Appeal. However, the appellate court dismissed the application on July 30, 2026, allowing the trial to proceed.

The hearings later resumed, with both sides presenting their final submissions in September.

State Attorney Nassoro Katuga maintained that the prosecution had proved its case through witness testimony and other evidence presented before the court.

The defence, however, questioned whether the State had established that Lissu intended to intimidate the government. His lawyers also challenged whether he could legally be held responsible for the publication of his remarks through media platforms.

Arrest and Political Fallout

Lissu was arrested on April 9, 2025, in Mbinga, in the southern Ruvuma Region, shortly after addressing supporters during the electoral reform campaign.

He was transferred to Dar es Salaam and formally charged with treason the following day.

His detention kept him away from political activities leading up to the October 2025 General Election, while CHADEMA was also locked out of the polls after refusing to sign the electoral code of conduct.

The case unfolded amid rising tensions between the Tanzanian government and opposition parties over electoral reforms, political freedoms and the independence of democratic institutions.

His arrest attracted international attention, with human rights organisations questioning the prosecution of opposition figures over political statements and warning about the possible consequences for freedom of expression.

The European Parliament also raised concerns over Lissu's detention and the possibility that he could face the death penalty if convicted of treason.

Friday's ruling therefore marks a major development in the case, with the court rejecting the prosecution's attempt to secure a treason conviction while finding Lissu guilty of the lesser offence of incitement.

While the acquittal removes the possibility of a death sentence arising from the treason charge, his conviction under the Penal Code leaves his immediate legal position dependent on the sentence and any subsequent court proceedings.