Former President Rupiah Banda has yet again rejected to be prosecuted by Director of Public Prosecution (DPP) Mutembo Nchito in the Nigerian Oil deal because he (Nchito) is deeply conflicted.
Mr Banda has applied that the Magistrate Court should refer the matter to the High to determine the suitability of Mr Nchito to continue prosecuting him after he lied before the Parliamentary Select Committee that he was going to recuse himself on cases involving the former head of state.
He has also complained that Mr Nchito continued investigating the Nigerian Oil deal case while prosecuting him.
This is the third time Mr Banda has rejected to be prosecuted by Mr Nchito and two of the cases have already been referred to the High Court for constitutional issues determination. Mr Nchito is today expected to make a response to the application and the defence is expected to make its country submissions tomorrow.
Ruling has been set for 21st August 2014.