LEGAL Resources Foundation Limited has discontinued a matter where it petitioned the Constitutional Court for a declaration that President Edgar Lungu is not eligible for nomination for election as President in the upcoming general elections having been elected, sworn into and held office twice.
This is according to a notice of discontinuance filed in the Constitutional Court by Simeza, Sangwa and Associates, Monday.
“Take notice that the petitioner hereby wholly discontinues this petition against the respondent,” read the notice.
The NGO which cited President Lungu as the respondent in the matter, was seeking an order of certiorari that the nomination paper filed by the President with the returning officer and all documents in support of his nomination for election to the office of President, be removed forthwith into the Constitutional Court for purposes of quashing.
“A declaration that the respondent (President Lungu) having been elected, sworn into and held the office of President from 25th January 2015 to 13th September 2016 and having been declared winner of the 2016 election, sworn into and having held the office of the president from 13th September 2016 until the next President is elected under the 2021 election is not eligible for nomination for election as President in the election set for 12th of August 2021,” the petition read.
“A declaration that to the extent that the respondent’s nomination for election to the office of President scheduled for 12th August 2021 contravenes article 106(3) of the Constitution, the said nomination is null and void.”
The Foundation argued that by virtue of having elected, sworn in twice, President Lungu has contravened Article 106(3) of the Constitution by filing the nomination paper with the returning officer, supported by an affidavit stating that he is qualified for nomination as candidate for President for the election scheduled for August 12, 2021.
Meanwhile, Dr Sishuwa Sishuwa, a lecturer and researcher and Chapter One Foundation Limited who have also petitioned the ConCourt, seeking similar reliefs as those the Legal Resources Foundation was seeking in this matter, have filed an order seeking to serve their petition against President Lungu through an advert in the News Diggers and Mast newspapers.
“It is ordered that service of a copy of this order and a copy of the petition and affidavit verifying facts in the petition in this action by inserting an advertisement of such order and petition in one issue of The Diggers or The Mast Newspaper shall be good and sufficient service of the petition and that service shall be deemed to have been effected on the day of the publication of the said advertisement,” read the order.