Newton Ng’uni has lodged a fresh complaint against Director of Public Prosecutions (DPP) in accordance with the Criminal Procedure Code.
Mr Ng’uni’s action is in response to the ruling by the Lusaka High Court that the Chongwe magistrate court proceedings were invalid for lack of jurisdiction.
In this regard, the Lusaka principal magistrate has now allocated the matter to magistrate Lameck Mwale who will commence hearing this morning.
Mr Ng’uni’s lawyers who included Keith Mweemba and Makebi Zulu filed the fresh matter in the Lusaka Magistrate’s Court yesterday.
Mr Ng’uni said in an interview yesterday that he has abandoned the matter which was opened in Chongwe because of the High Court ruling last week.
The former deputy minister of Finance said both new and fresh allegations have been availed to the court, adding that more would be brought out in due course.
He said the Lusaka magistrate’s court is a “requisite competent court” to handle the matter since the earlier action was quashed by the Lusaka High Court.
“We are restarting the matter the High Court quashed the earlier action in Chongwe, saying Chongwe magistrate did not have jurisdiction to preside over the matter.
“This action is a cure that the court in Chongwe had no jurisdiction. Most likely, the matter is starting tomorrow (today),” he said.
Mr Ng’uni said he was hopeful that the matter would progress well as expected especially that it was now in Lusaka.
He said he was not incited by anyone to commence legal action against Mr Nchito and that President Edgar Lungu and former president Rupiah Banda should be left out of his action.
Meanwhile, the Lusaka High Court has stopped the matter which was started in Chongwe from going ahead in the subordinate court following the ruling last week.
In his ex parte order delivered yesterday, Ms Justice Mwila Chitabo ordered that the purported transfer of the matter to Magistrate Banda by the Chongwe magistrate was of no legal effect.
“Upon reading the affidavit of Nchima Nchito, SC, sworn on 16th February, 2015; and upon hearing counsel for the applicant, it is hereby ordered that the purported transfer of the matter involving the applicant to the Chief Resident Magistrate by the respondent is null and void ab initio and thereby of no legal effect, the matter and record having already been called to the High Court for review pursuant to the provisions of Section 337 of the Criminal Procedure Code chapter 388 of the Laws of Zambia,” he said.
Justice Chitabo said following the ruling of the High Court last Thursday, the arrest of Mr Nchito and all procedures that took place were null and void.
“It is further directed for the avoidance of doubt that the ruling of 12th February, 2015 which declared the purported proceedings in Chongwe null and void ab initio rendered the applicant’s arrest and all procedures connected thereto also null and void ab initio,” Judge Chitabo said.
Mr Nchito is facing numerous charges among them lying before the Parliamentary Select Committee, forging of court documents as well as obtaining a K14 billion bank loan dubiously.
The earlier action was stopped by the High Court stating that the Chongwe magistrate had no jurisdiction to handle the matter involving the accused who was a resident of Lusaka.