A suspected UPND youth has asked the Lusaka High Court to grant him leave to issue a writ of habeas corpus ad subjiciendum, directing the officer in Charge at Kabwata Police Station to present him in court.
He further wants the officer in charge to show cause why he should not immediately be released from detention.
Edward Roy Makayi, who is being investigated for Defamation of the President, has cited the Attorney General as respondent in the matter saying if the police are permitted to hold him any longer without taking him to court, he will be unjustly denied his rights to liberty and justice.
In an affidavit in support of ex parte summons for leave to issue writ of habeas corpus Ad Subjiciendum filed in the Lusaka High Court, Makayi stated that on October 7, this year, he was picked up at the Subordinates Court and detained at Kabwata Police Station but had not been charged with any offence since his detention.
He stated that the police notified him that they were investigating the offence of Defamation of the President and the Inspector General of Police but he had not been charged with any offence since his detention.
Makayi stated that the police had refused to grant him police bond, notwithstanding that all offences which they were investigating were bailable.
He added that he had been in custody for more than 48 hours and that his continued incarceration without being charged and brought to court was without just cause.
“That if the police are permitted to hold me any longer without bringing me to court I will be unjustly denied my rights to liberty and to justice,” stated Makayi.
