Brigadier General Godfrey Miyanda has withdrawn two motions he filed in the Constitutional Court seeking a declaration that President Edgar Lungu breached his Oath of Office by issuing threats against judges, as well as to set aside the petition on the President’s eligibility to contest in 2021.
And Constitutional Court judge Hilda Chibombo says Miyanda has been granted leave to withdraw from the case with no costs awarded against him.
According to the motion filed in court on January 19, Brig Gen Miyanda stated that President Lungu had breached his Oath of President by issuing and or publishing threats against ConCourt judges concerning his eligibility.
Brig Gen Miyanda stated that the court should further declare that President Lungu breached the Constitution by publicly threatening or warning the judges saying his act was calculated to influence the outcome of the case.
However, when the matter came up for hearing of the two motions, Wednesday, Attorney General Likando Kalaluka said Brig Gen Miyanda, who was the 3rd interested party, had decided to withdraw both motions after consulting with other parties.
“Yesterday after the court rose, the parties decided to sit down and see if we could resolve some of the outstanding issues or motions before this court amicably. And indeed after extensive consultations by the parties, the third interested party agreed to withdraw the two motions which were scheduled to today. We further agreed that once the motions are withdrawn, the court considers giving the third interested party an opportunity to file a process in respect with the main matter so that the court resources are not spent on the hearing of the two motions which were supposed to be there today (yesterday). This was agreed by all the parties before this court,” Kalaluka said.
“There is another aspect that we discussed. This aspect has also been agreed with by the parties which is that the third interested party would like to withdraw from these proceedings. This issue was also discussed by the parties and it was agreed that should we pursue that, non of these parties would want to insist on any cost and we would urge this honourable court to consider allowing the withdrawal.”
After all the parties confirmed that they were in agreement, justice Chibombo granted Brig Gen Miyanda leave without any costs.
“The two motions that were filed by the third interested party and scheduled for today’s (yesterday) hearing are withdrawn as requested and further consent of the parties present. Leave is granted to the third interested party to withdraw from this case. No costs shall be awarded against him as agreed by parties here,” she said.
Meanwhile, the ConCourt reserved ruling on the application made by the petitioners to have President Lungu’s eligibility case determined by seven judges to a date to be communicated.