The High Court of Tanzania yesterday dismissed the case filed by Bariadi West MP, Andrew Chenge (pictured) (CCM) seeking to bar the public leaders Ethics Secretariat from summoning him for interrogation.
The former attorney general was early this year summoned by the Ethics Secretariat for questioning after he received money amounting to Sh1.6 billion sourced from the Tegeta Escrow Account but he refused to be questioned, and instead filed a case at the High Court.
Chenge sought the powers of the High Court to protect him from being interrogated in relation to reports that he received the money from the Director of VIP Engineering and Marketing Limited, James Rugemalira.
Judgment was made by a panel of three judges, Gadi Mjema, Faudh Twahib and Rose Temba, on Chenge’s appeal, who served as Attorney General (AG) for the whole of the third phase government.
The judges dismissed the case after finding that it has no primary objections to the issue at hand, being interrogated.
The ruling said that Chenge should use other means of defending himself instead of filing a case in court, noting that Chenge has no reason to refuse being questioned by the Ethics Secretariat.
On 25 February, Chenge submitted a High Court stop order to the Ethics Secretariat explicitly barring any and all authority from discussing any matter concerning the Tegeta Escrow account scandal. Thus the Secretariat was forced to postpone questioning Chenge.
Earlier during the questioning session at the Secretariat, Judge Hamisi Msumi said: “We have been blocked by the High Court order…we are forced to postpone the exercise.”
Chenge had called on the Secretariat to adhere to the High Court order.
“The Ethics Secretariat should not continue with its business because I have officially submitted the stop order… This process will continue after permission is granted by the court,” the MP had insisted.
According to the charge sheet, being Attorney General, Chenge illegally facilitated the sale of 35 per cent of shares from Independent Power Tanzania Limited (IPTL) to VIP Engineering and Marketing knowing it is against procurement legislation.
“Chenge took advantage of his position to ensure the shares are sold all the while knowing that it was against the law and public servants’ ethics.
The scam saw several high ranking officials take the fall including the then Energy and Minerals Minister. Prof. Sospeter Muhongo.
Other are the then Attorney General Judge Fredrick Werema who resigned together with the then Lands, Housing and Human Settlements Development minister, Prof Anna Tibaijuka. The then Energy and Minerals Permanent Secretary Eliakim Maswi was suspended pending investigations on his role in the matter.
The Tanzania Electric Supply Company (Tanesco) and Independent Power Tanzania Limited (IPTL) jointly owned the account following a tussle over capacity charges between the two in local and international courts. SOURCE: THE GUARDIAN
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