SUSPENDED Director of Public Prosecutions (DPP) Mutembo Nchito is determined to frustrate the Annel Silungwe Tribunal because he knows for a fact that he is unlikely to escape jail if the allegations he is facing were brought before the courts of law, former deputy minister of Finance Newton Ng’uni has charged.
And Mr Ng’uni said Mr Nchito had demonstrated that he was unfit to be a prosecutor and a Director of Public Prosecutions because he lacked the basic ethics of a legal officer by taking over court matters in which he was deeply conflicted.
Mr Ng’uni said Mr Nchito had converted the office of the DPP into his personal business for laundering favours for his friends and that his attempt to frustrate and undermine the tribunal should not be entertained.
He revealed to the Daily Nation that Mr Nchito did not want the tribunal to investigate him because he was scared that the cases he (Mutembo) committed before he became DPP such as opening accounts in foreign countries to receive public money earned in Zambia had the potential of sending him to prison should they be taken to court.
Mr Ng’uni said Mr Nchito was scared to allow the due process of the law because he had been using the office of the DPP to launder favours for his clique by using his invented brand of selective justice.
He said the embattled DPP was resorting to making submissions on allegations against him public before the tribunal could commence its sitting so as to pre-empt the proceedings and undermine President Lungu who is the appointing authority.
Commenting on Mr Nchito’s submissions being published in the Post Newspaper, Mr Ng’uni said the suspended DPP had become desperate after realizing that the transgressions he had committed against many Zambians were catching up with him.
“Mr Nchito is scared to follow the due process of the law because he knows he has been using public office to launder favours using his own brand of selective justice. In the cases, The People Vs Mutembo Nchito and The People Vs Post Newspaper and Fred M’membe, it is clear that the DPP lacks the basic ethics by taking over cases where he has primary interests. He is unfit to be a prosecutor and a DPP of the country. The truth is that Mr Nchito does not want himself and his friends to face the law because he knows that he is unlikely to escape jail if the matters he is facing take off in court and that is why he is frustrating the tribunal,” Mr Ng’uni said. He stated that by entering a nolle prosequi in favour of himself, Mr Nchito had placed himself above the law but warned that the discharge the DPP granted himself would not stand for long enough as to secure him immunity from prosecution over his transgressions. He said while the DPP could enter a nolle prosequi at any time before judgment without question from anybody, Mr Nchito’s action of entering a nolle for himself was challengeable in the courts of law.
Mr Ng’uni said article 139(10) provides that: “No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with the Constitution or any other law. This provision makes no exception and therefore while the DPP cannot be challenged in his performance of the day today duties, his eventual actions are subject to court action,” Mr Ng’uni said.
He said the DPP office was not created to shield public officers who commit crimes and therefore Mr Nchito should not abuse the office to insulate himself from prosecution.