Keypoints:
- Lawyers seek annulment of Tanzania’s 2025 election at the EACJ
- Petition alleges breaches of EAC treaty and democratic norms
- Separate case challenges election-day internet shutdown
TWO Tanzanian lawyers have petitioned the East African Court of Justice, asking it to annul the country’s October 29, 2025 general election, in a move that escalates the dispute beyond domestic legal channels.
The case, filed in Arusha by advocates Tito Magoti and Bob Wangwe, argues that the conduct and outcome of the polls violated core provisions of the East African Community treaty. The lawyers contend that the election failed to meet regional standards on democracy, good governance and the protection of political rights.
The petition, Reference No. 59 of 2025, names the government of Tanzania as the respondent and seeks a declaration that the election results, announced on November 1, are invalid under EAC law. The case was first reported by The EastAfrican.
Alleged breaches of democratic obligations
According to the filing, actions taken before, during and after polling day undermined the integrity of the electoral process. The lawyers argue that these actions breached Article 6(d) of the EAC Treaty, which commits partner states to democracy, the rule of law and respect for human rights.
They also cite Article 7(2), which emphasises transparency and accountability in governance, and Article 8(1)(c), which obliges member states to uphold democratic principles in the implementation of national policies.
Additional references are made to Articles 27(1), 28, 29 and 30(1) of the treaty, relating to access to justice, legal accountability and the protection of individual freedoms. Taken together, the petition argues, the alleged violations were sufficiently serious to invalidate the election under regional law.
Parallel case over internet shutdown
The election challenge is the second Tanzania-related case currently before the EACJ. In a separate filing, the Legal and Human Rights Centre (LHRC) has asked the court to rule on the legality of a nationwide internet shutdown imposed on election day.
The seven-day blackout, which began on October 29, disrupted digital communications across the country. The LHRC argues that the shutdown restricted access to information, interfered with political participation and affected essential services, including online banking and healthcare platforms.
The rights group says the measure violated treaty provisions on good governance and political rights, and has asked the court to bar future blanket shutdowns without clear legal justification.
What the court can decide
The EACJ does not act as an appellate body over national courts or electoral commissions. Its role is to interpret the EAC Treaty and determine whether actions by member states comply with regional obligations.
Legal analysts say the Tanzania cases could have wider implications for electoral governance and digital rights in East Africa, particularly as courts across the region grapple with the legality of emergency measures taken during elections.
The Tanzanian government has not publicly responded to either petition. The EACJ is expected to issue procedural directions and set hearing dates in the coming weeks.
