PRESIDENT Edgar Lungu never sent me to Nchima Nchito to ask him to tell his brother Mutembo Nchito to resign from his position as Director of Public Prosecutions (PF) failure to which there would be dire consequences, Lusaka lawyer Kelvin Fube has revealed.
Mr Fube has rubbished assertions by Nchima Nchito that President Edgar Lungu was involved in the arrest of Mutembo, who has been arraigned with an assortment of criminal charges ranging from forging court documents, obtaining a bank loan by fraudulent misrepresentation to lying before Parliamentary Select Committee.
Mr Fube said Nchima Nchito and Post Newsspaper owner Fred M’membe should allow Mutembo Nchito to face the law rather than embark on a futile exercise of politicizing the offenses in an attempt to clean up the mess the DPP has created for himself, Lusaka lawyer Kevin Bwalya Fube has said.
And Mr Fube said on the day Mr Mutembo Nchito will appear in court and take plea, his position as DPP would no longer be attainable and that the President would have no choice but to suspend him so that he could have the opportunity to clear his name.
Mr Fube told the Daily Nation that Mr Nchima and Mr Mutembo as State Counsels should be the last people to disobey court orders and advised the DPP to account for his alleged transgressions and inequities he had “committed with impunity” over the years.
He said Mr Nchima Nchito was lying that President Lungu had sent him (Fube) to ask him (Nchima) to tell his younger brother to resign from his position as DPP failure to which there were going to be dire consequences. He said that it was not true that he told Mr Nchima Nchito that President Lungu had an agreement with former president Rupiah Banda over the removal and eventual prosecution of Mr Mutembo Nchito and advised the two brothers to allow the due process of the law to take its course rather than drag the name of the President in the matter that bordered on the misconduct of individuals.
“Nchima Nchito has been my friend for a long time and I cannot come to deny him. I sympathise with his brother Mutembo Nchito whose situation is between a rock and a hard place and he will say all sorts of things to exonerate his brother. It is just not true that President Lungu sent me to tell Mr Nchima Nchito to ask his brother to resign.
“I am not an emissary of Government and if the President wanted to deliver such a message, he would have used the right channel or even call his DPP to tell him his position. So Mr Nchima Nchito and Mr M’membe are bringing my name and that of the President into this to make their story credible. I have no authority to conduct such an assignment and I do not want my name or that of President Lungu to be used to clean up the rubbish created by Mutembo Nchito,” Mr Fube said.
He said that when a warrant of arrest is issued in the name of the President, it was the obligation of every law abiding citizen to obey the orders but that the conduct of Mr Mutembo Nchito who escaped from lawful custody was not befitting the status of a DPP.
Mr Fube said Nchima Mutembo and Mr M’membe had been close business associates and that they were protecting the DPP so that they could continue abusing the justice system.
He said if President Lungu would consider setting up a tribunal against Mr Mutembo, it was his prerogative and that such a presidential decision should not deliberately be misconstrued that the Head of State was fighting personal battles. He stated that he had known President Lungu for a long time and that the Head of State was far above petty dealings, adding that it was folly for the trio to turn the criminal charges the DPP was facing into a political fight.
“Mutembo Nchito must be magnanimous enough and face the criminal charges he is facing and defend himself. The fear as I see it is that they feel that if Mutembo Nchito was removed as DPP, there will be no one to protect the criminality of Mr M’membe and their clique.
We cannot deny the fact that the position of Mutembo as DPP is very cardinal to Mr M’membe and Nchima because any case that comes has to go through Mutembo and they want him there to protect their criminality.
“Mutembo has had no regard for the rule of law. He was summoned by the Law Association of Zambia (LAZ) but refused to go there. He is holding a constitutional office but he is not immune to prosecution if he commits crimes,” Mr Fube said.