Former Solwezi Central MMD Member of Parliament Lucky Mulusa has appealed to the Supreme Court to revise its decision to nullify of his seat and order for a retrial because the Acting Chief Justice Lombe Chibesakunda was an interested party in the mater although she had presided over the case.
Mulusa has accused Justice Chibesakunda of being biased in the case because she had a relationship with Ellis & Co and Bonaventure Mutale who is the Patriotic Front (PF) lawyer.
“At the time of the hearing of the appeal, I was not aware of the fact that the Acting Chief Justice L. Chibesakunda had a relationship with Messrs Ellis & Co who are the lawyers of the PF. I humbly beseech this final court of the land to exercise its inherent jurisdiction to correct the injustice occasioned by the apparent bias by setting aside its own Judgement and ordering that this mater be reheard before an impartial panel of Judges so that as litigant, I do not go away from the court believing that I am a victim of injustice,” Mulusa said.
He said that between August and September, 2013 Bonaventure Mutale became the lawyer for the Justice Chibesakunda in the matter between the Law Association of Zambia (LAZ) and the Attorney General and Phillis Lombe Chibesakunda.
Mulusa said after a Lawyer-client relationship had been established between the Acting Chief Justice and Mutale who was the Lawyer of the PF, the Acting Chief Justice proceeded to be part of the Judgment without disclosing that she had retained Mutale as her advocate.
He argued that the failure by the Acting Chief Justice to disclose that she had a Lawyer- client relationship with Mutale had raised a clear case bias.
“I wrote to the Law Association of Zambia regarding the said alleged bias and sought a legal opinion on the matter. True justice was not served in this case as a person who was apparently biased in favour of her own advocate,” Mulusa argued.
He said that he further reasonably believe that true justice was not served in this case as a person who was apparently biased in favour of her own advocate who was acting for the Appellant herein.
Mulusa said he believe that justice will only be fairly dispensed if the Judgement is set aside and a rehearing of the appeal ordered so that he as a litigant should not go away from the Supreme Court feeling that his a victim of in justice based on bias by the court.
He said that he humbly beseech the final court of the land to exercise its inherent jurisdiction to correct the injustice.
The Supreme Court on 9th December, 2013 nullified Mulusa’s Solwezi Central seat on an account of corruption. The seat was petitioned by Newton Malwa