A WARRANT of arrest has been issued against Director of Public Prosecutions (DPP) Mutembo Nchito for nine offences, including lying before the Parliamentary Select Committee of the National Assembly that he was going to recuse himself in the cases involving former president Rupiah Banda when he was seeking ratification to the office of the DPP.
Mr Nchito is likely to be arrested for false and fraudulent representation by obtaining a Supreme Court order and allegedly misled then High Court Judge Gregory Phiri who erroneously signed the order and in the process subverted the course of justice.
According to a warrant of arrest issued by the Chongwe Magistrate Court, Mr Nchtio was supposed to be arrested yesterday.
By press time yesterday, reports were that the police were looking for Mr Nchito but efforts to get a comment from Inspector General of Police Stella Libongani failed as she cut the call soon after the Daily Nation asked her to confirm the issuance of the warrant of arrest for the DPP.
Former deputy minister of finance in the Frederick Chiluba administration Newton Ngu’ni has accused Mr Nchito of having behaved in a manner that violated the Zambian laws on various occasions and that his continued stay in the office of the DPP was severely undermining the integrity of the criminal justice system.
Mr Ngu’ni said in a complaint yesterday to the Chongwe Magistrate Court that Mr Nchito had committed several constitutional breaches and that he should therefore be removed from the office of DPP and prosecuted because his behaviour was allegedly inimical to the State.
Mr Nchito has also been accused of falsely swearing and making a false declaration before the Parliamentary Select Committee which was at the time being chaired by former Solwezi MMD member of Parliament Lucky Mulusa and made the committee make positive recommendations for his ratification as DPP in October 2011.
Mr Ngu’ni complained that in March 2012, Mr Nchito abused his authority of office when he entered a nolle prosequi in a case of the People versus Shubert Sinkala without even seeing the evidence from the complainant Lewis Mosho .
He charged that Mr Nchito did not even have the courtesy to liaise with Mr Mosho on the merits of his complaint to the magistrates court.
Mr Nchito has further been accused of having abused his authority of office by “mischievously” entering a nolle prosequi in a case of drug trafficking involving the People versus Brebner Changala and Agness Kawandami before Magistrate Aridah Chulu.
Mr Ngú ni complained that Mr Nchito allegedly connived with the officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Mr Changala and Ms Kawandami after the officers had swapped the vermox tablets with what was said to be ecstasy drugs.
“Mr Nchito, the accused, engaged himself in fraudulent contracting of debt contrary to section 357 of the Companies Act Cap 388 of the laws of Zambia when he was the chief executive officer of Zambian Airways knowing that he had no reasonable or probable ground of expectation that his company had the ability to pay the K14 billion Development Bank of Zambia loan,” Mr Ng’uni submitted in his complaint.
Mr Ng’uni also alleged that Mr Nchito, whilst jointly acting together with Fred M’membe and Nchima Nchito, behaved in a contemptuous manner when they showed excessive disrespect and discourtesy in speech and manner before Puisine Judge Nigel Mutuna in the matter of the DBZ loan.
“Mr Nchito did commit an act of intentional disrespect to judicial proceedings and to Judge Gregory Phiri by ingeniously inserting and sneaking two extraneous paragraphs in Judge Phiri’s judgment, thereby deliberately misleading the judge to sign an exparte order.
“This action is not only contemptuous but an affront to the integrity of the legal profession and amounts to professional misconduct because it offends and does violate the provisions of the Legal Practitioners Act Cap 30 of the Laws of Zambia,” Mr Ng’uni said.