Mbeya High Court Throws Out Mdude Nyagali’s Abduction and Disappearance Case!

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The High Court in Mbeya has dismissed the matter that was brought by Mdude’s wife, Sije Mbughi, who was an eyewitness together with her toddler when the mysterious people who introduced themselves as police ambushed their home at wee hours with guns and hammers. The self-proclaimed police men broke down the door, seized Mdude, and beat him up before taking him to an unknown destination.

Earlier in the matter, the Mbeya police had acknowledged they were investigating whether one of their own could have been involved in the kidnapping and disappearance of the Chadema activist known more for his belligerence than anything else.

The ruling of this case echoes familiar platitudes in the dismissal of another Chadema leader, Deusdedith Soka, who was lured to a police station to collect his bodaboda, and has since vanished without a trace. In that case, the accused police officer, in his disappearance, claimed ignorance of the matter. The court agreed with them and proceeded to dismiss the case, leaving loved ones inconsolable.

In both cases, the police plea of “I am innocent of this crime” was taken at face value by the trial courts! The courts refused to interrogate the witnesses and the incriminating evidence. In the Soka matter, there were WhatsApp exchanges between a female police officer and Soka, which could have shed more light on how the police officer lured him to the police station. In the matter of Mdude, the claims of the police that they were investigating one of their own who could have taken part in his abduction and disappearance were key clues to have been used to determine the culpability of the police in the matter.

What next?

The dismissal of Mdude Nyagali’s abduction case by the Mbeya High Court represents a severe setback in the pursuit of justice for Tanzania’s persecuted opposition voices. This ruling, delivered on **July 9, 2025**, follows a deeply troubling pattern of judicial avoidance in cases involving enforced disappearances of government critics. Below is a structured analysis of the ruling’s implications, context, and potential next steps.

⚖️ 1. Case Dismissal and Judicial Failures.

   – Eyewitness Testimony Ignored:

The court dismissed the habeas corpus petition filed by Mdude’s wife, Sije Mbughi, despite her direct account of armed men (identifying as police) breaking into their home at night, assaulting Mdude, and abducting him before dawn. Their toddler also witnessed the violence, and bloodstains were documented at the scene.  The High Court was moved by discrepancies in the affidavit of failing to identify the accused, while a proper hearing could have “smoothed over” the shortfalls. Moreover, police defence of “I am innocent” was a call for a hearing, not a preliminary subjugation.

   – Police Admissions Overlooked:

Mbeya police had earlier acknowledged investigating one of their officers, “Shaaban Charo”, who was reportedly seen searching for Mdude’s home days before the abduction. The court did not compel police to produce evidence from this internal probe.

   – Parallel to Deusdedith Soka’s Case:

 In 2024, the court similarly dismissed Soka’s disappearance case despite WhatsApp evidence showing police lured him to a station under false pretenses. Like Mdude, Soka remains missing.

🏛️ 2. Systemic Pattern of State-Sponsored Repression.

The ruling reflects Tanzania’s escalating crackdown on dissent, particularly targeting CHADEMA members: 

– Mdude’s History of Targeting:

A prominent CHADEMA activist, Mdude endured four abductions (2016, 2019, 2024, 2025) and documented torture. His memoir, *Five Years of Pain*, details state brutality under Presidents Magufuli and Samia.

– Broader Campaign Against CHADEMA: 

  – Deusdedith Soka:

Abducted in August 2024 after criticizing the government; the body was never found. 

  – Ali Kibao:

Senior CHADEMA official abducted and murdered in September 2024; his acid-doused body was dumped in Dar es Salaam.

  – Aisha Machano:

Abducted, tortured, and dumped in a forest in October 2024. 

Table: Documented Cases of Enforced Disappearances in Tanzania (2024–2025).

🧐 3. Judicial Complicity and Police Impunity.

   – Courts’ Recurring Justifications:

Judges routinely cite “insufficient evidence” while disregarding digital records, witness testimonies, and even police admissions. In Mdude’s November 2024 detention case, the court rejected torture claims due to “no medical records,” ignoring visible injuries. 

   – Police Threats and Intimidation:

Mdude’s lawyer, Boniface Mwabukusi, received death threats warning him to “prepare to leave behind a widow and orphans” after demanding police accountability. Police also issued public statements threatening CHADEMA members who “accuse officers without evidence“.

🔮 4. What Next? Strategic Paths Forward.

   – Appeals and International Pressure: 

     – Mdude’s legal team could appeal to the Court of Appeal or the African Court on Human and Peoples’ Rights. The UN Working Group on Enforced Disappearances should be formally notified. 

     – Leverage President Samia Hassan’s “public pledges” to investigate Kibao’s murder (and “related cases”) to demand action on Mdude.

   – Grassroots and Global Advocacy: 

     – Amplify campaigns like #BringBackMdudeAlive and coordinate with groups like Amnesty International, which has previously condemned Tanzania’s disappearances. 

     – CHADEMA’s 10 million TZS reward for information on Mdude could incentivize whistleblowers.

   – Political Mobilization: 

     – With Tanzania’s 2025 national elections approaching, CHADEMA must document judicial failures to erode regime legitimacy. Mass protests—though high-risk—could attract global attention, similar to September 2024 demonstrations against Kibao’s murder.

💎 Conclusion.

The Mbeya Court’s dismissal epitomizes the “collapse of judicial independence” in Tanzania under President Samia’s “reformist” facade. Mdude and Soka’s cases reveal a playbook of state-sponsored abductions, judicial abdication, and witness intimidation. Sustained local activism, backed by international human rights litigation, offers the narrow path toward accountability—but the clock is ticking for Mdude and others in the state’s crosshairs. As Tanzania’s crackdown escalates, the silence of global powers remains deafening.

Read more analysis by Rutashubanyuma Nestory