Ex-Education permanent secretary, Nkanza, sues anti-graft agency, demands K500,000 damages


Ex-Ministry of Education Permanent Secretary, Patrick Nkanza, has sued the Anti-Corruption Commission (ACC) and the Attorney General, in the Lusaka High Court, demanding payment of K500,000 being special damages for malicious prosecution.

Nkanza was on May 6, 2022 arrested for alleged corrupt practices involving K200 million.

Read more: Ex-Secretary to Treasury, Yamba, drags anti-graft agency to court for restricting bank account

In a statement of claim, the litigant stated that the anti-graft agency acting without reasonable and probable cause charged him with five other suspects before the Magistrate court with the offence of wilful failure to comply with applicable law and procedure, contrary to Section 34 (2) (b) of the Anti-Corruption act no 3 of 2012 in respect of the FTJ university, a contract he was not part of .

Dr. Nkanza claims that by letter dated September 15, 2022, he requested for a meeting prior to the date of trial to communicate his position that he was not connected to the offence as charged .

He said ACC replied by a letter dated October 10, 2022 and proposed that the meeting be held on October 18, 2022.

He further stated at the meeting held on October 13, 2022, his lawyers availed to the ACC evidence that he was wrongly indicted.

And, that the said evidence pincluded documents which seemingly indicated that funds for the project were confirmed by the Minister of Finance in Parliament during his budget address among other things.

He said despite his efforts to show ACC that he was wrongly charged, it was fruitless as the Commission proceeded to prosecute him and the matter taken to court for almost a year since the arrest and charge sheet.

He stated that he was discharged of the charge sheet by Magistrate Davies Chibwili on March 9, 2023 following a successful application by his lawyers.

Dr Nkanza complained that despite being discharged from the indictment, he was made to appear before a different magistrate the following day on March 10 ,2023, by ACC and at the hearing thereof ACC withdrew the matter against him.

He is demanding that ACC and the State pays him K500,000 for legal costs and K50,000 as transport costs.

The litigant further wants the Commission to issue an apology to the public to the effect that the charges of wilful failure to comply with applicable law and procedure contrary to section 34 (2) (b) of the Anti- Corruption Act no. 3 of 2012 in respect of the university, a contract he was not part of against him were withdrawn.

He demanded damages for malicious prosecution and libel.

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