Nchito prepares tribunal defence

THE STATE has closed its case less than two weeks after the Annel Silugwe led tribunal commenced sittings to probe the alleged abuse of authority of office of suspended Director of Public Prosecutions Mutembo Nchito, SC.

The tribunal has since adjourned to allow Mr Nchito SC file in his own defense in the proceedings.

Sources have disclosed to the Daily Nation that the Tribunal granted the adjournment to allow Mr Nchito prepare witnesses in his defense.

The Tribunal closed the State’s case and adjourned to April4th, 2016 to allow the DPP prepare his defense.

Mr Nchito SC, has had no legal presentation at the Tribunal after Nchito and Nchito Associates lead by his brother Nchima walked out of the proceedings citing frustrations after losing several applications intended to halt the sittings.

The Supreme Court in February 2016 ruled in favour of the proceedings to go ahead and probe Mr Nchito over allegations of abuse of authority of office during his discharge of duties as DPP.

And the High Court recently dismissed another application for Judicial Review to act a stay to halt the Tribunal from sitting, while a petition was pending in the inoperative Constitutional Court questioning the legality of the Tribunal said to be defunct under the newly assented January 2016 amended Constitution.

Last week, Lusaka High Court Justice Petronella Ngulube threw out an application by Mr Nchito SC for judicial review for the Tribunal set up to investigate his abuse of authority of office allegations citing the defendant for “forum shopping” with several applications made in the High Court and the Constitutional Court against the Supreme Court Ruling that gave mandate to the Tribunal’s existence.

Lady Justice Ngulube also quoted the provisions of Section 16 of the New assented Constitution which provided for the transition of all court proceedings commenced under the old law to be concluded as such.

Mr Nchito SC has lost several attempts in efforts to stop the progress of proceedings of the Tribunal that began sitting on February 27, 2016 after the Supreme Court threw out an application for an injunction to stop the investigations.

Mr Nchito, SC has also petitioned the Tribunal in the inoperative Constitutional Court against the proceedings of the tribunal set up to probe allegations of abuse of authority of office against him in his discharge of duties as DPP.

The High Court endorsed the Tribunal as a legal body mandated and empowered by the Constitution to carry-out its functions as prescribed in its terms of reference, and would not be interrupted by any misconceived perception outside those provisions.

Mr Nchito was now expected to make submissions to the same Tribunal in his defense.

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