Supreme court quashes EFCC ruling on ex-Minister, Chitotela’s Chongwe property

The Supreme Court has overturned a ruling of the Economic and Financial Crimes Court (EFCC) which had upheld the Anti-Corruption Commission’s (ACC) decision to restrict a State Lodge property linked to former Tourism and Arts Minister, Ronald Chitotela.

A three-judge bench led by Chief Justice Mumba Malila ruled that the EFCC had no jurisdiction to hear the matter, which should have been handled in the High Court’s General Division.

At the centre of the dispute is Stand No. CHONG/LN.21188/51, a property in Chongwe registered in the name of Chinese businessman, Liu Runmin, but alleged to be beneficially owned by Mr. Chitotela.

The ACC issued a restriction notice in March 2022, suspecting the property to be proceeds of crime.

Read more: Court orders ex-minister, Chitotela, to pay VAT on K6.5 million bill owed construction company, Azadi

Mr. Chitotela challenged the move, arguing that the seizure was unconstitutional and violated his fundamental rights, including the right to privacy and the presumption of innocence.

He maintained that the property was legally acquired and remained in Mr. Liu’s name only due to incomplete administrative formalities in the sale process.

In May 2023, he filed a constitutional petition in the High Court seeking, among other reliefs, a declaration that the seizure was arbitrary.

The matter was, however, transferred to the EFCC, which subsequently upheld the ACC’s decision.

The Supreme Court found that the transfer was irregular and amounted to a mischaracterisation of the case as an economic and financial crimes matter when it was, in fact, a constitutional rights petition.

“Once a judge has taken conduct of a case, they are expected to conclude it. Section 23 of the High Court Act does not provide for the return of a file to the Judge-in-Charge for purposes of reallocation,” the court observed.

The judgment of the EFCC was quashed, and the case transferred to the High Court General Division for determination under its original cause number.

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