EMBATTLED Director of Public Prosecutions (DPP) Mutembo Nchito has decided to run to the courts in a scheme to continue delaying the commencement of sittings of the Annel Silungwe- led tribunal currently investigating his professional misconduct.
Mr Nchito yesterday filed an application in the Lusaka High Court in which he has asked the court to stay the tribunal hearing and his suspension from the office of DPP.
The tribunal which was appointed by President Edgar Lungu about two months ago should have commenced its formal sittings on Tuesday next week but with the application for an injunction by Mr Nchito, the tribunal is likely to be adjourned indefinitely.
The suspended DPP has filed in a notice of application for leave to apply for judicial review in the Lusaka High Court and has asked the court to quash the decision of Justice Silungwe to allow two former chief justices Mathew Ngulube and Ernest Sakala to sit as members.
Mr Nchito in his preliminary issue had demanded the recusal of Justices Ngulube and Sakala on the basis of perceived bias but Justice Silungwe in his ruling on Tuesday stated that Mr Nchito had failed to prove bias and that his preliminary issues lacked merit and were absolutely dismissed.
Mr Nchito has also asked the court to quash the decision of the tribunal to hold its sittings in camera, arguing that the ruling by Justice Silungwe was illegal, procedurally improper and irrational because according to him, it contravened the law.
The suspended DPP has further asked the court to quash the decision by the tribunal to commence its sittings because some of the matters in the inquiry were a subject of appeal in both the High Court and the Supreme Court.
Mr Nchito has also demanded damages misfeasance from Attorney General Likando Kalaluka and prayed that if the application was going to be successful, it should also act as a stay.
He submitted that the charges he was facing were incompetent because according to him, they were not in conformity with the constitutional stipulations.