Power and Politics

Ex-President Lungu urges court to dismiss petition against him as abuse of processes


Ex-President Edgar Lungu contends that the Constitutional Court has already pronounced itself on the issue of his eligibility to contest general elections.

Lungu who has filed a notice of motion raising Preliminary Issues, reminded the Court that it had previously addressed itself three times on the same matter and, therefore, should be dismissed.

Read more: Plot thickens on Lungu, as court receives petition to declare ex-President ineligible to contest future elections

The Court pronounced itself in the Daniel Pule and others, Bampi Kapalasa and another and lastly, Legal Resources Foundation Limited and 2 others v ECL and the AG selected Judgement no.27 of 2021.

He described the petition as been incompetently filed.

In the Notice of Motion filed before Court, the ex-President has questioned whether the matter commenced by a Lusaka youth, Michelo Chizombe, was Res Judicata, with this court having previously pronounced itself three times on the same matter.

He has also argued that the petition was an abuse of court process, as the arguments by Chizombe could have been reasonably raised at an earlier stage within the legal proceedings.

Lungu has questioned the Court’s jurisdiction when it already ruled on the matter.

He contested that the petition seeking to challenge his eligibility cascades outside the bounds outlined in Article 101(4) (a) and (b) ,of the constitution of Zambia (amendment) Act no. 2 of 2016.

The respondent said the said provision of law delineates a specific process and timeline for challenging the validity of elections and candidacy.

He has, therefore, questioned if the matter before court was not statute barred as it was being brought over two years since the 2021 general elections.

“And that by reason of the foregoing,the first respondent will apply for an order to dismiss the petition in its entirety and costs of this application be bone by the Petitioner which must be paid before the Petitioner take any may further step.

“Costs of this application be in the cause,” he said.

In this matter, Chizombe had asked the Court to revisit its ruling by declaration that the Electoral Commission of Zambia (ECZ) contravened the Republican constitution when it accepted Lungu’s nomination papers and included him on the ballot.

He further sought a declaration that the respondent (Lungu) was not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended).

Mr Lungu, ECZ and the Attorney-General are cited as first to third respondents, respectively.

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