DISCREDITED Director of Public Prosecutions (DPP) Mutembo Nchito has been told to immediately resign from his position as it has become untenable following several allegations of criminal misconduct among them forging a court document and entering a nolle prosequi in his favour.
The demand has been made by several prominent and concerned citizens who are also demanding for his arrest so that he can account for alleged criminal transgressions he has committed against Zambians over the years.
All People’s Congress (APC) president Nason Msoni has described as a classic case of wanton abuse of office warranting immediate arrest because his action to enter a nolle in his own matter amounted to taking pecuniary advantage of his powers.
Mr Msoni said the decision by Mr Nchito to enter a nolle prosequi in his favour on matters relating to his alleged criminal conduct was shocking and an unprecedented and blatant abuse of power.
He said there was no doubt that allowing such forms of “judicial rape” of the due process of the law would set a very dangerous precedent for the future office-holders of the office of DPP and for the country.
“This conduct is totally criminal and leaves room for further speculation on how this man has conducted himself in the period he has been privileged to hold the office of DPP.
No one believes that this is the appropriate and expected behaviour and conduct of a man entrusted with such responsibility on behalf of Zambians. We think that his action from a moral point of view is tantamount to a person acting as a judge and a prosecutor in his own case,” Mr Msoni said.
He said Mr Nchito’s conduct should without further procrastination trigger the immediate appointment “without prejudice” of a tribunal to investigate the extent of the misconduct and transgressions he had committed.
“Nowhere else in the history of the Commonwealth countries has a man or woman willy-nilly and without any sense of hesitation appropriated unto himself such powers to serve himself from facing the law,” Mr Msoni said.
And Kamwendo Mulenga Bwalya, a concerned citizen said Mr Nchito had committed countless criminal offences over the years and had gotten away with crimes because of his close association with those who were wielding State power.
Mr Mulenga Bwalya said it was under the covert and clandestine schemes of Mr Nchito along with his ally Post Newspaper owner Fred M’membe that second republican president Frederick Chiluba had his immunity from prosecution maliciously removed and paraded before the courts purely on the basis of vengeance.
He said Mr Nchito and his friends orchestrated the humiliating removal of former president Rupiah Banda’s immunity from prosecution without any form of investigations.
“On Friday last week, Mr Nchito appeared in the magistrate court as an accused person and not as DPP, prosecutor or indeed a witness. To the dismay of the nation and the judiciary, he abused the office of the DPP by entering a nolle prosequi in his favour to circumvent the law.
Mr Nchito wants to use the nolle prosequi to shield himself from the alleged catalogue of criminal offences which in fact amount to crimes against Zambians.
The nation is alive to the fact that in 2006, the then DPP now judge Chalwe Muchenga entered a nolle in the matter of Kashiwa Bulaya versus the people and Mr Nchito as prosecutor the infamous and donor driven Task Force on Corruption together with his business partner at the Post Newspaper objected,” Mr Mulenga Bwalya said. Mr Mulenga Bwalya recalled that Mr Nchito and Mr M’membe demanded that the DPP under instructions of Cabinet cancel the nolle prosequi and took Dr Bulaya back to court. He said it was shocking that Mr Nchito could want to be untouchable and that he would with impunity breach the Constitution. He said Mr Nchito had no immunity from prosecution and should therefore be made to account for the criminal acts he had committed and should be allowed to hide under the law that he was above the law.
“In 2012, Mr Nchito entered a nolle prosequi in a matter involving Dr Rajan Mahtani, the executive chairman of Finance Bank whom he owes US$4 million. If this country selectively applies the law, individuals like Mr Nchito would deliberately commit crimes, and then dubiously campaign to be appointed DPP and enter a nolle in their own cases,” Mr Mulenga Bwalya said.