THE confession by suspended Director of Public Prosecutions (DPP) Mutembo Nchito that he entered a nolle prosequi in favour of Finance Bank chairman Rajan Mahtani on instructions from then Attorney General Mumba Malila was admission of unconstitutional and illegal conduct worthy of prosecution, former deputy Finance Minister Newton Ng’uni has said.
The illegality, he said, merited the constitution of the tribunal and subsequent prosecution because the Constitution did not allow the DPP to take instructuions from any authority.
It was for this reason, he said, that Zambians should be wary about the meetings between Mr. Nchito and the Attorney General Likando Kalaluka where a “deal” was being considered in excahnge for a resignation.
He described as shocking revelations that Nchito, who was DPP acted on external instructions contrary to the Constitution and was now dragging Supreme Court Judge Mumba Malila into the judicial scandal.
It was very clear, he said, that the consent order seemingly absolving Mutembo Nchito and Fred M’membe from the US$4.2million debt they owed was related to the nolle prosequi and hence the ned for a tribunal.
Mr Ng’uni said it was incredible that Nchito eagerly accepted the illegal directive from Mr Malila and that no deal should be struck because there was no national interest to be served in hiding the criminality of the transaction.
He told the Daily Nation that no national interest was in danger for the tribunal to proceed to get to the bottom of the matter.
“If the suspended DPP is scheming on resigning with the hope of defeating the course of justice, he should know that he will be held accountable even after quitting his position.” Mr Ng’uni said.
Mr Ng’uni stated that many families had been ruined by Mr Nchito’s evil schemes which saw their bread winners prosecuted over the same charges he was facing but was now scheming to elude by resignation.
“Mr Nchito knows that from the Kashiwa Bulaya case, it is unconstitutional for Mr Malila as Attorney General to initiate the process of considering public policy implications for the charge of forgery Dr Mahtani was facing in the court and directing the DPP to enter a nolle prosequi in favour of the duo, Nchito is disclosing this information because he does not want to go down alone,” Mr Ng’uni said.
He advised that Zambians must take interest in what Mr Nchito would get from the discussions they have been having which led to the adjournment of the Annel Silungwe Tribunal which should essentially have commenced its sittings on Monday.
Mr Ng’uni said Mr Nchito had prosecuted other people and his ally and praise singer Fred M’membe had been boasting that the DPP’s conviction rate was almost 100 percent and should therefore not be scared of the very process he used to send fellow citizens to jail.
“People are in jail for abuse of authority of office, forgery, uttering false documents, contempt of court, obtaining money by false pretence and theft by agent, the same offences Mr Nchito is likely to face if he appeared before the courts of law. How many families have been ruined after their bread winners were prosecuted by Mr Nchito over the same charges he is facing? How many good citizens had their persona and careers ruined by Mr Nchito over the same charges he is trying to avoid? We are going to wait and see what Attorney General Likando Kalaluka will come up with,” Mr Ng’uni said.
Mr Ng’uni accused Mr Nchito and his freinds of managing to create two criminal justice systems with one for themselves and the other for other citizens while laundering nolle prosequis for their associates.