A TANZANIAN taxi driver has been acquitted on charges of trafficking 10.4 kilograms of cannabis.
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Ally Omary Hussain, 48, who had been in custody since his arrest on December 2, 2024, was found not guilty after the State failed to present sufficient evidence and witnesses.
Hussain, a resident of Chainda compound, had pleaded not guilty to trafficking in psychotropic substances, a charge under Section 15(1)(2) of the Narcotic Drugs and Psychotropic Substances Act No. 35 of 2021.
Drug Enforcement Commission (DEC) officers apprehended Hussain at Lusaka’s Intercity bus station, alleging he had concealed 39 sachets of cannabis within the speakers of a five-piece music system.
The dismantled audio equipment, revealing the hidden contraband, was presented as evidence in court.
Despite the initial evidence, the prosecution faced challenges in proving its case.
Only two witnesses testified throughout the trial.
Court records indicate that most adjournments were at the State’s request, with the court even warning them to produce witnesses to close their case.
The final adjournment request by the State, citing an inability to bring witnesses, was met with strong objection from defense lawyer Handson Talanti.
Talanti argued that Hussain, a foreign national, deserved a fair trial within a reasonable timeframe, especially given his prolonged detention.
“If the State is not ready to bring witnesses, let them close their matter or stand down the matter. If the State has failed to prove their case, the court has no choice but to discharge or acquit the accused person,” Talanti submitted to the court.
Agreeing with the defense, the court ruled that the State had failed to prove Hussain was in possession of the drugs.
“Whereas on December 19, 2024, the accused stood charged before this court of Trafficking Psychotropic Substance Contrary to the laws of Zambia, I hereby notify you that the accused was on July 10, 2025, found not guilty of the said charges and forthwith acquitted,” the court declared.
Hussain was subsequently set free.
By Lucy Phiri
Kalemba, July 11, 2025
