THE office of the Attorney General should state whether Director of Public Prosecution (DPP) Mutembo Nchito obtained his approval before entering a nolle prosequi in his favour in a matter he was facing an array of allegations which include fraud and forgery of a judgement, a legal expert has demanded.
The legal expert said Mr Nchito did not consult the Attorney General’s office before entering a nolle in his favour, then he was in breach of article 56(7) of the Constitution because public policy dictates against a public officer presiding over his own matter.
Article 56 (7) of the Constitution states; “When a matter involves pulic policy, the DPP shall bring the case to the notice of the Attorney General and shall in the exercise of his power in relation to that case, act in accordance with directions of the Attorney General.”
The Constitution, he said, guaranteed every citizen innocence until they were convicted by a competent court of law.
“Therefore Mutembo Nchito should have pleaded innocence to allow the court of law prove his innocence instead of declaring his innocence with a nolle.
“As a man whose appointment was ratified by the Parliament after a select committee scrutinized his credentials, Mr Nchito should not have rushed to enter a nolle prosequi before exhausting other channels.
What Mr Nchito should have done, was to refer the matter to the Attorney General to seek advice on how to proceed with it,” the legal expert said.
He feared that Mr Nchito swiftly entered a nolle prosequi without referring the matter to the Attorney General for direction because he had an interest in the matter, and consequently breached public policy.
Therefore, Mr Nchito’s decision to grant himself a nolle prosequi invalidated his integrity on whose strength the parliamentary select committee which ratified his appointment based their decision.
“All we know is that for the parliamentary select committee to have recommended Mr Nchito’s ratification, it was satisfied at that time that he was a man of sound character and integrity.
“If Mr Nchito was truly a man of sound character and integrity, he should have referred the matter to the Attorney General for guidance. If he did so then the Attorney General must inform the country, ” the legal expert said.