DIRECTOR of Public Prosecutions (DPP) Mutembo Nchito should be made to face a tribunal now that the court can no longer determine his case because he entered a nolle prosequi on various criminal offences he was accused of.
Zambian Voice executive director Chilufya Tayali has appealed to president Edgar Lungu to constitute a tribunal in accordance with article 58 of the Constitution of Zambia so that Mr Nchito could be probed.
He said in a press statement yesterday that the situation clearly satisfies the conditions of invoking article 58 by the President.
Meanwhile, Newton Ng’uni has instructed his lawyers to appeal against the ruling by the Lusaka Magistrate Court which sustained the nolle prosequi Mr Nchito entered in his favour to avoid being tried on various charges including forgery and fraud.
The ruling of the subordinate court means that the case against Mr Nchito has been discontinued. temporarily.
Mr Tayali said: “Failure to do so will render injustice to the DPP who has been accused, because he will not have an opportunity to clear himself of the allegations.
“By the allegations and publicity of the offences against the sitting DPP, the constitutional office is brought into ridicule and disrepute, and the President has the obligation to protect the DPP’s office.”
He said Mr Nchito would no longer discharge his function effectively because people’s confidence in him had been eroded because of the allegations.
Mr Tayali commended President Lungu for not interfering in the court proceedings since Mr Nchito’s case started.
He appreciated the decision of the subordinate court stating that he was on firm ground to discontinue the case but emphasised that was not to say Mr Nchito had the immunity from prosecution.
Law Association of Zambia (LAZ) president George Chisanga when asked to comment said the decision of the court was law.
And Mr Ng’uni, the complainant, said in an interview in Lusaka yesterday that he was not satisfied with the ruling, by Lusaka Magistrate Lameck Mwale that Mr Nchito was in order to veto the criminal allegations through a nolle.
This is in the matter in which Mr Ng’uni dragged Mr Nchito to court for allegedly committing criminal offences including falsifying court documents and obtaining bank loan dubiously.
Mr Ng’uni said his lawyers had started working on the appeal documents immediately after the ruling was delivered yesterday and that they would be filing in the High Court before the end of this week.
Mr Ng’uni was being represented by Keith Mweemba, Gilbert Phiri and Makebi Zulu while Mr Nchito was representing himself after dispensing with his lawyers who included his brother Nchima.
“I will be taking the matter up there (High Court) so that the court can pronounce itself on particularly when the DPP issues a nolle in his own defence. I have asked the lawyers to ask whether the DPP is above the law.
“If the DPP commits murder, for instance, what is supposed to be done? Do we have to wait for the tribunal or he is supposed to be treated in the same way as any person who commits a crime in this country?,” he asked.
Mr Ng’uni said the truth of the matter was that Mr Nchito committed what he considered “criminal offences” and that he should be answerable for them. “My understanding is that the DPP is supposed to be treated the same,‘‘ Mr Tayali said.