IN THE HIGH COURT OF TANZANIA
(MAIN REGISTRY)
AT DAR ES SALAAM
CONSTITUTIONAL PETITION
NO. 14
OF 2015
REVEREND CHRISTOPHER MTIKILA………………………PETITIONER
VERSUS
THE ATTORNEY GENERAL………………………………….RESPONDENT
In the matter of a
treasonous Bill intended to be presented in the Parliament for unconstitutional
change of the Secular and democratic government of the United
Republic of Tanzania
PETITION
[Under Article 30 (3), Article 26, Article 19, Article 13,
Article 12 and Article 107A Section 2 (e) of the Constitution of the United
Republic of Tanzania, Section 95 of the Civil Procedure Code (Cap 33 R.E. 2002)
and any other enabling provisions of the law]
The
Petitioner hereinabove states as follows:
1.
That
the Petitioner is a natural citizen and compatriot of Tanganyika
PLOT NO. 237/239 BLOCK
‘C’ MIKOCHENI B
P.O.
BOX 3885
DAR
ES SALAAM
2.
That
the respondent is the chief legal advisor of the Government of the United
Republic of Tanzania and chief custodian of justice, who represents the
Government in all litigations and other legal causes against the Government.
His address for purposes of service for this petition is:
HONOURABLE ATTORNEY
GENERAL
ATTORNEY GENERAL’S CHAMBERS
KIVUKONI FRONT ADJACENT
TO THE HIGH COURT
P.O.
BOX 9050
DAR
ES SALAAM
3.
That
the nation family of Tanganyika has enjoyed peace and tranquility from her
prophetic history and her moral and nationalistic foundation, which is perpetuated
by embracing the sanctity of human life and dignity, love and human equality,
which are the cornerstone of this grace and which was then enshrined in the country’s
Constitution, which for this crucial priority was profoundly respect by all
citizens.
4.
That
what effectively fenced away from our country the shocking Islamic terrorism which
tears societies apart and plunges nations into horrifying chaos was her
Constitutional commitment, dedication to and sacrifice for her peace and stability.
Accordingly Article 26 (2) of the Constitution requires every citizen to take
legal action to ensure the protection of the Constitution and the laws of our
country as the Petitioner is hereby doing.
5.
That
horrifying abuse of the sanctity of human life and dignity by Islamic
extremists or Jihadists is sweeping across the globe, perpetrated by the notorious
interpreters and executors of the dreaded Islamic (Sharia) law’, who according
to “Minhaj Il
6.
That
the Islamic doctrine is that Islam ought to be the only religion for the whole
world, jihad being the means commanded for achievement of the objective
of subduing the whole world to Islam, Islam being also the only system of
governance of the whole world under the Sharia or Islamic law, that is why it is enforceable only in Islamic
countries, hence the overwhelming powers of the Kadhis for the horrifying Islamisation
7.
That
Part Three of the ‘Minhaj il Muslim’
which also defines the Islamic scriptures has elucidated on page 308 which is
annexed hereto and marked ‘IT-1’ under
items (1), (2) and (3) thereof, that the Kadhi
is the highest Islamic authority charged with the interpretation and
enforcement of the ‘Sharia’ or Islamic law, the Kadhi being second in command
after the Head of State and the one who orders, supervises and oversees the floggings,
amputations and executions of all citizens
who breach the Islamic law.
8.
That
the Sharia laws which are publicly enforced by the Kadhis such as the dreaded
beheadings, amputations, shootings, bombings etc include
*Chapter 9:30 and Chapter 47:4 of the Quran which have commanded the extermination of Christians
and Jews and other non-Muslims.
*Chapter 6:151 which has commanded the execution
of Muslims who opt out of Islam and join Christianity, or who renounce their religion
of Islam, while Chapter 5:38 has
commanded the amputation of thieves, all of which barbarity is the horrifying
duty of the Kadhi.
*The Kadhi is totally impermissible
in this country, being the enforcer of the jihadists’
obliteration of Christianity, by their
strict ban on the building of churches, renovation of the old ones, or rehabilitation
of the dilapidating ones (Minhaj Il
Muslim Part Three on page 22 and 23 thereof.
*The Sharia
in the preceding paragraph and Chapters 9:30, 47:4 and others in the
Quran and other Islamic authorities which have commanded the extermination of
Christians and Jews, explain the destruction
and torching of sixty nine churches so far in this country, the murder and
beheading of Christian clerics in this country and the horrifying extermination
of Christians and churches by ISIL, Al-Qaeda, Al-Shabab, Boko Haram and such
other Islamic organizations elsewhere.
*The Kadhi is the enforcer of the Islamic laws which enslaves Christians
to Islam, which force them to pay tax (Jizya) to Islam for their survival
and subject them to execution and floggings if they breach the Islamic laws,
including eating their favorite pork and eating food in daytime during the
month of Ramadhan
*The Kadhi is the enforcer of the Sharia that the Christians’ breach
of the Islamic laws must cost them their
blood and their properties, as stipulated on page 23 of Part Three of Minhaj Il Muslim and Chapter 8 of
“Kitabu cha Imani” verses 13, 14 and 15, copies of which are annexed hereto and marked IT-2 and IT-3 respectively.
9.
That the intended presentation in the Parliament of the Bill
for legalization of the Kadhis and
the OIC is Jihad for extermination
of Christianity which is the Faith of 29
million citizens of this country, as we have 5.5 million Lutherans, 11 million
Catholics, 3 million Anglicans, 1.8 million Moravians 5.8 million Pentecostals and 1.8 million Adventists together with
members of other independent churches, against 7 million animists and 12.4
million Muslims
10.
That
the Kadhi is leading the Jihadist
war for extermination of all human beings who will not surrender to Islam and
confess that there is no other god to be worshipped than Allah and Muhammad is his prophet. Also for execution are the
Christians for professing that Jesus Christ is the begotten Son of God, whose
lives and properties are therefore at the mercy of Islam unless they renounce
their faith and surrender to Islam, as per verses 276, 277 and 278
of ‘Mkweli Mwaminifu’ Hence
the worldwide Islamic terror by Jihadists like Al-Qaeda, ISIL, Boko Haram,
Al-Shabab and many others. Copy of that Islamic law is annexed hereto and
marked IT-4.
11.
That
the jihadists’ deadly international operations are accomplished by terror as
well as massive corruption, by the billions of US dollars in their command, from
the petroleum revenue in the areas under their control, contributions from jihadist
countries and individuals, from the jihadists’ massive production of and
international trade in drugs like cocaine, heroin, cannabis, let alone their
revenue from piracy and under cover trading in precious minerals and other
natural resources in various countries with loose controls including our own. The
jihadists easily exploit the venality and Islamic extremism of the leaders of
the targeted countries like ours.
12.
That
the barbarity of the Kadhis is seen
for example in the beheading of a Sudanese female doctor after 100 floggings,
for the ‘offence’ of marrying a Christian, the public beheading of Mohammad
Guul Hashim Idris for converting to Christianity, the flogging and then
beheading of a person for the ‘offence’ of becoming a Christian, copies of
which are annexed hereto and marked IT-5,
IT-6 and IT-7.
13.
That
it was upon the foregoing dehumanizing realities that the Kadhi courts were
abolished in this country, based on the aspiration for establishment of a
civilized society which must embrace the sanctity of human life and dignity,
built on the foundation of the Universal Declaration of Human Rights, clear of
religious extremism and discrimination, hence the current Constitution of the
United Republic of Tanzania.
14.
That
moves by the Jihadists are afoot for a coup de tat of replacing the Constitutionally
secular and democratic administration of this country with the dreaded Islamic
Sharia dictatorship, by illegally presenting a Bill in the Union Parliament for
enactment of a law which will smuggle the Islamic Sharia law and its dreaded Kadhi courts into the Constitution of
the Untied Republic of Tanzania.
15.
That
under the intended conversion of the country to Islam by the agents of the
jihadists, the United Republic of Tanzania shall be confirmed into the religion
of Islam by being joined into the organization of Islamic countries (OIC),
which was formed by heads of Jihadist states in order to effect the universality
of the religion of Islam.
16.
That
the persons behind the Kadhi courts
and OIC Bill are serving the
interests of the heavily funded Islamic terrorists, because the civilized
Muslims like the late King Abdulla of Saudi Arabia which is the origin and
world headquarters of Islam are engaged in amending the verses by prophet
Muhammad which promote the deadly jihad, in www.cmdialogue.com, www.acommonword.com, copy of publication of
the fact is annexed hereto and marked IT-8
TREASONABILITY OF THE BILL
17.
That
preparing the Islamic Bill and presenting it to the Parliament and the Parliament’s
act of entertaining it in any other manner than rejecting it and seeing to
prosecution of all the jihadists or their agents who are behind the coup de tat is treasonous breach of
their oath of office and gross violation of Article 19 of the Constitution, which emphasizes that “The
profession of religion, worship and propagation of religion shall be free and a
private affair of an individual, and the affairs and management of religious
bodies shall not be part of the
activities of state authority”
18.
That
the State Authority which is banned
by the Constitution from involving itself or engaging in, or temper with, or
touch on such things as the Kadhi courts and membership in Islamic or such
other religious organizations includes the Attorney General, the members of the
Parliament of the United Republic of Tanzania, the Prime Minister and the whole Government leadership
or Executive of the United Republic
of Tanzania, all of who after all are under oath to strictly abide by and protect
the country’s Constitution and, not to trample or overthrow it by the treasonous
Bill.
19.
A
Bill on Kadhi courts and OIC is totally impermissible in the United
Republic of Tanzania being discriminatory, as it is to cater for only fundamentalist
Islamic interests and subjugation and enslavement the citizens of other faiths to
the Muslims, which is gross violation of Articles 19, 12 and 13 (2) (4) and (5)
of the Constitution of the United Republic of Tanzania.
20.
That
the Kadhi courts are totally impermissible
in the United Republic of Tanzania, because the Universal Declaration of Human
Rights and other provisions which protect the sanctity of human life and
dignity and the basic rights, freedom and safety of all people including the majority non Muslim population of the
country are enshrined in the Constitution of the country.
21.
That
the jihadists’ treasonous Bill is a culmination of the unpatriotic religious
extremist contraventions of the Rule of Law by the country’s leaders, in
defiance of their oaths of office to strictly observe, abide by and protect the
Construction, by favoring Muslims in employment, promotions and appointments to
high offices of public service, the law enforcement organs, the judiciary, the
military and other state security institutions, yet responsible citizens never
took legal action to protect the Constitution!
22.
That
the jihadist constitutional violations transcended to allowing Islamic dressing
in public schools and offices, silently suppressing the Christians’ public
preaching of their faith while favoring the Islamic counterparts who they allowed
even powerful public addressing from their mosques, which seriously offends the
non Muslim majority of citizens, while denying the Christians equal opportunity
to defend their faith from the jihadist public attacks by the anti-Christian
Islamic preachers.
23.
That
the jihadist Bill is traceable to the President’s first speech to the
Parliament in October 2005, that he would not obey the Constitution like a Holy
Book from Heaven, but would in other instances rely on his own wisdom, against his
oath to strictly observe, abide by and protect the Constitution of the country,
to which attitude the disrespect for the country’s Constitution, extremity of corruption
and pseudo collapse of the Rule of Law is attributed, the Parliamentarians’
complicity of applauding him instead of
impeaching him in national interest being even more treasonous.
24.
That the disrespect for the country’s Constitution propelled
the jihadists to the trampling of the Constitution of the countryArticle 19
thereof, by the President who ordered the Christians to disobey the Holy Bible
which has commanded them not to eat the meat slaughtered by Muslims, forcing
them to worship the god of Islam by eating what is slaughtered in his worship,
such that the martyr Pastor Mathayo
Kachila who resisted the Islamic terror in defence of his Christian faith
was barbarically beheaded!
25.
That
in untold jihadist inhumanity against the country’s 29 million humble Christian
majority, Bishop Augustino Mpemba
had his Radio Neema closed and his life
smuggled out of the country, for Biblically
speaking out against the persecution of Christians and the barbaric beheading
of their Pastor, for which the Bishop was announced wanted dead or alive by a jihadist Policeman, who therefore qualified
to head the Police Force.
26.
That
the jihadists who breached the Animal Diseases Act No. 17 (7) of 2003 and the
Food, Drugs and Cosmetics Act No. 1 (3) of 2003 which protect the fundamental
right of the citizens to slaughter and eat their animals and birds according to
their own faith and traditions, based on Article 19 of the Constitution, are
the same Mizengo Peter Pinda, Stephen
Wasira, George Masaju, Ernest Mangu and others who are brandishing the Sharia sword towards the necks of the
29 million Christians for their Kadhi and OIC deal.
PROTECTION OF THE CONSTITUTION OF OUR
COUNTRY
27.
That
the absence of a specific section in the Penal Code for criminalization and
severe punishment of offenders who breach the basic law of the land, coupled
with the myth which has psychologically affected many citizens including some
of the presidents subsequent to Mwalimu Julius Nyerere, that ‘the President is above the law’ when
presidency is a creature of the Constitution, is what subjugated the
Constitution to the will and desires of the presidents, dangerously watering
down its supremacy.
28.
That
the Constitution suffered more disrespect from most of the political leaders
and topmost members of the Executive, from minding only about the mood of the
appointing authority and corruption, in positions which strictly require
professional and moral integrity emanating from nationalistic spirit, in
addition to the skills, vision, commitment and dedication. However, the
Petitioner sees powerful therapy in the High Court of Tanzania for restoration
of the respect and supremacy of the Constitution of our country
29.
That
the provision in Article 26 (2) of the Constitution of the United Republic of
Tanzania that everybody has the right in
accordance with the procedure provided by law, to take legal action to ensure
the protection of this Constitution and the laws of the land, is appropriate
authority for the petitioner and other citizens to move the courts of law to
criminalize and give deterrent punishment to all those in state authority who trample the Constitution of the country,
including:
i.
Mizengo Peter Pinda, Mary
Nagu, Asha Rose Migiro, George Masaju and others, who as jihadists themselves or
agents or mercenaries of the masterminds of the Islamic terrorism are in the
business of overthrowing the secular democratic governance of the United
Republic of Tanzania, to subject the citizens of our country to the horrifying barbarity
which is perpetrated by the Kadhis.
ii.
Stephen Wasira, Mizengo
Peter Pinda, Ernest Ndikilo, Karen Yunus, Issa Njiku, Dan Makanga and others, who
trampled the Constitution of the United Republic of Tanzania for religious
persecution and enslavement of the 29 million Christians to Islamic terrorism, by
forcing them not to slaughter their own animals and birds but eat the meat
slaughtered by Muslims in their worship which is taboo to the Christians. From
the jihadists’ anti-Christian incitement Pastor
Mathayo Kachila of Buselesele in Geita Region was barbarically beheaded
for defending the Christian faith.
30.
That
under Articles 12 and 13 of the Constitution of this country all people are
equal before the law, all of them being subject to punishment if they do not observe
and abide by the Constitution of the United Republic of Tanzania and the laws
of the land, with more deterrent sentences being necessary for whosoever tramples
the basic law of the land, conducting oneself in so serious conflict with his
or her oath of office.
31.
That
the equality of all people before the law is seen in the two year imprisonment
of the former Bank of Tanzania Director of Administration Dr. Amatus Liyumba,
as well as the prosecution of renowned former cabinet ministers Basil Mramba and
Daniel Yona, along with former Permanent Secretary for the Treasury Gray
Mgonja, for abuse of office contrary to their oaths of office. But George Masaju, Mizengo Peter Pinda, Asha
Rose Migiro and Mary Nagu are very abusively trampling the Constitution of
the United Republic
WHEREFORE the Petitioner prays to
this Honourable Court for the following orders:
1.
That
those in state authority who are mentioned in paragraph 28 (i) and (ii)
hereinabove be ordered to show cause why they should not be committed to prison
for trampling the Constitution of the country which is the basic law of the
land, for deterrent custodial sentences of not below five years each.
2.
The
declaratory Order that the Kadhi courts
and or the Organization of Islamic Conference (OIC) affairs are absolutely illegal in the United Republic of
Tanzania, particularly in the boundaries of Tanganyika
3.
That
the protection of the sanctity of human life and dignity in this country cannot
discriminate Muslims, being equal sons and daughters of the soil and members of
one nation family of Tanganyika
4.
That
the costs of this petition be born by the respondent
5.
Any
other order or relief that the Honourable Court may deem fit and fair to grant
Dated at Dar es Salaam
………………………………
PETITIONER
Presented
for filing this……..………day of……………………….2015
………………………………..
REGISTRY OFFICER
COPY TO BE SERVED UPON:
The Attorney General
Attorney General’s Chambers
Kivukoni Front
DAR ES SALAAM
DRAWN AND FILED BY
Reverend Christopher Mtikila
Plot No. 237/239 Block ‘C’ Mikocheni B
P.O. Box 3885
DAR ES SALAAM
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