Nchito has dragged former chief justice Annel Silungwe to the Constitutional Court in order for him to demonstrate the injustices surrounding his removal from the DPP’s office.
This came to light today when the matter in which Nchito is challenging his removal from the office of DPP on various grounds including bias on the past of justices Mathew a Ngulube and Ernest Sakala, came up before the ConCourt.
Mutembo submitted that when he took the question of bias to the Supreme Court, it was ordered that he raise the issues after the conclusion of the Tribunal sittings.
And when Solicitor General Abraham Mwansa submitted that there was no need for the ConCourt to deal with the question of bias on the part of justices Sakala and Ngulube in Mutembo’s case because it had already been competently dealt with by the Supreme Court, Mutembo said any constitutional matter needed to be concluded by a specially mandated body, which was the Constitutional Court.
“My Lady, the Solicitor General submits that the question of the bias of the tribunal was dealt with conclusively by the Supreme Court [but] the judgment is here My Lady. I have read it so many times and there is no such determination. In fact it is because there hasn’t been any determination on that question, that is why I am bringing the application now,” said Mutembo.
“The Supreme Court says ‘you ought to be given a chance at the end’. This is the evidence I am bringing here. The point is that the jurisprudence now requires that any constitutional matter should come before the Constitutional Court. So if there was procedural injustice in the way that I was removed from office, what court am I supposed to go to?” Mutembo said.
Justice Mungeni Mulenga asked the parties to submit written submissions and return to augment on 22nd February, 2018.
Nchito asked that the subpoenas against Justices Annel Silungwe, Mathew Zulu and Charles Zulu be extended after which Justice Mulenga adjourned the matter.