High Court rules against Immigration detaining Manji

High Court yesterday ordered Dar es Salaam-based businessman Yusuf Manji to remain a free agent as he pursues his application against being placed under restraint by the Immigration Department.

Judge Ama Munisi issued the order following clear indication from three counter affidavits filed by officers from the respondents’ offices in the matter, showing that since the beginning Manji has not been under their custody.

According to the judge, the businessman should remain under bail he was granted last month in his drugs abuse criminal trial, which is pending before the Kisutu Resident Magistrate’s Court in the city.

Officers who filed the affidavits are Anold Munuo, an immigration officer for Commissioner of Immigration Services and Dar es Salaam Regional Immigration Officer as first and second respondents, respectively.

Others are Salum Ndalaba, a police officer and Deputy Director of Public Prosecutions (DPP) Oswald Tibabyekomya, for Dar es Salaam Special Zone Police Commander and the Attorney General as third and forth respondents, respectively.

Before issuing the directive, confusion surrounded the status of liberty for the applicant as the deputy DPP, who appeared for the respondents while armed with the three counter affidavits, categorically denied that Manji was under their restraint.

But, Manji lawyers Alex Mgongolwa and Hudson Ndusyepo, maintained that their client has been under custody of immigration officers since he was granted bail in his criminal trial on February 16, 2017 and later taken to Aga Khan Hospital for treatment.

They told the judge that six police officers were guarding him on shift at the hospital and they have been receiving complaints from doctors and nurses at the hospital that the policemen were infringing into Manji’s privacy and interfering with his treatment arrangements.

Following the circumstances, the judge ordered the advocates for the applicants to file their reply to the three counter affidavits on March 24 and set March 27 as the date for the matter hearing.

Manji has filed an application for ‘habeas corpus’ with the claims that his detention is illegal.

The businessman was in February arraigned before the Kisutu Court, charged with one count of drug abuse.

Principal Resident Magistrate Cyprian Mkeha granted him bail subject to signing of a 10m/- bond. He was further required to secure one reliable surety who was also directed to sign the bond of similar amount.