Power and Politics

Ex-President Lungu asks court to dismiss suit challenging his eligibility to contest future elections


Ex-President Edgar Lungu has argued that the Lusaka resident who petitioned his eligibility to contest future elections has no case against him as the Constitutional Court has already ruled over the issue.

In 2018 and 2021, the Constitutional Court declared the Patriotic Front (PF) party leader eligible to contest the elections and said the period 2015 to 2016 did not constitute a full term as it was an inherited term, following the death of President Michael Sata.

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

Lungu said the majority judgement ruled in his favour that he had not served two terms as alleged by the Petitioner, Michelo Chizombe.

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(Lungu) was not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended).

Lungu in his answer to the petition appealed to the Court to put finality to the matter.

“The first respondent will aver at trial that this court has already pronounced itself on the issues being raised by the Petitioner. Further, first respondent will aver at trial that he has not served two terms as alleged by the Petitioner.That this court thoroughly reviews all relevant legal provisions,and the majority decisions was not made in ignorance of any applicable law,” he contended.

Lungu submitted that a dissenting judgement which declared him not qualified does not represent the majority opinion which set out legal precedent.

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