Judge refuses to recuse himself from HH, GBM ConCourt challenge case

UPND Leader Hakainde Hichilema with his vice Geoffrey Mwamba at the Lusaka High Court -picture by Tenson Mkhala

Lusaka High Court judge Mwila Chitabo has thrown out an application for recusal in a case where UPND leader Hakainde Hichilema and Geoffrey Bwalya Mwamba are challenging the ConCourt’s failure to hear their presidential petition.

In his ruling today, judge Chitabo said the petitioners had palpably failed to establish their indictment of bias, animosity, prejudice or other charges.

“The application fails and it is hereby dismissed,” read the ruling in part.

“Meanwhile, the case comes up on 16th May, 2017 at 10:00 hours for setting date for hearing of the respondents notice of intention to raise preliminary issue.”

Judge Chitabo granted leave to appeal.

HH and GBM had asked judge Mwila to recuse himself from handling their case saying he lacked impartiality.

         

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