The Defense Team representing former President Rupiah Banda in a case in which he is facing Abuse of Authority of Office charges has asked the Lusaka Magistrate Court to free their client on grounds that the law on which he was arrested and charged does not specify clearly what criminal offence he his facing.
During the commencement of trial this morning before Chief Resident Magistrate Joshua Banda, Mr. Banda’s lawyers argued that section 31 as read with section 41 of the ACC ACT No. 3 of 2012 which Mr. Banda was charged for Abuse of Authority of Office is substantially different from Section 89 (1) of penal Code.
The Defense team led by Professor Patrick Mvunga further argued that the ACC ACT No. 3 of 2012 does not operate retrospectively and that the matter is constitutional that should be referred to the High Court for determination.
The lawyers argued that if the court could not refer the case to the High Court, he should instead be freed of the charges.
the lawyers said that the court should invoke the provisions of Article 28 (2) (a) of the Constitution and refer the matter to the High Court for the determination of the Constitutionality of the statement of offence.
The also argued that their client’s charge had been repealed and was not part of the penal code.
The lawyers said the particulars of his offence of having committed the offence between May 1, 2008 and September 24, 2011, were incompetent because he was not the Republican leader at the time.
His lawyers said that the former President was alleged to have committed the offence in his personal capacity but the charge sheet indicated that he was charged in his capacity as President and wondered how that reconciled with the provisions of Article 43 (2) of the Constitution.
However, the Director of Public Prosecutions (DDP) “rubbished” former President Rupiah Banda’s bid to have his case referred to the High Court.
The DPP, Mutembo Nchito asked the court not to entertain the application saying the complainant took plea in the same court and he understood the charge.
“I will argue as I did last time that the Interpretation and General provisions Act number 92 is quite clear and requires no debate amongst lawyers,” Mr Nchito said.
He said the law provided that offences that were committed during the current repealed law should be treated as though the repeal had not occurred.
He said there was no Constitutional issue that had been raised by the accused adding that the indictment was clear, specific of the period it occurred and all were clear of the law which was applicable at that time.
On the argument that there was lack of clarity in the offence, Mr Nchito said the charge was audibly read to the accused when he went to take plea and he confirmed that he understood it.
“It seems to me that it is a little late in the day to complain that the charge was not clear. On the claim that the accused was not president on May 1, 2008, my simple response is that this is a matter for evidence. It is premature to raise that point let alone to pass it on as a Constitutional issue,” Mr Nchito said.
Magistrate Banda adjourned the case to Friday to enable the State submit written submissions as well as the defense to respond to the State’s oral and written submissions.
It is alleged that former President Rupiah Banda on dates unknown but between May 1, 2008 and September 24, 2011 did abuse his authority of office by procuring oil from a Nigerian firm.
Lol
The ball is now rolling!!RB hold your trouser tighter and prepare for hard times to come.Amsterdam the international crook will not save you now.You wasted your hard stolen money on him!!
Nchito, do your homework properly. Everybody knows that RB became president in Nov of 2008.
Just give the money back to the owners ask for forgiveness and then you can head back home instead of the high court to waste more of the tax payers money
Why are you in hurry mambala? when you were stealing you did not think of the consequences.
To me this looks like a poorly prepared case due to political pressure! There is no way one can say you committed this offence during this time as president and yet you were not president at that time. If the state indeed has i]evidence why not state an accurate period?
No matter what tricks Banda and his stupid lawyers are going to use, you will be found guilt and imprisoned for a long time. The more you waste our time the more you make Zambians annoyed.
More money in the lawyers’ pockets. At the end of the day, as is often the case with stolen property, it is only the thief that will end up losing everythign he stole by transferring the stolen money into the bank accounts of his lawyers in legal fees!!! And his lawyers know it and are smiling all the way to the bank!
After reading this article on LT, read the same article on ZWD and see how they are trying to put a spin on what happened in court today.
Thieving old man…atase…
He raped the whole nation as if defiling Thandiwe was not criminal enough.
Shame on you old kabalwe
I am no lawyer but from a layman’s point of view it is clear that if the DPP failed to do his work professionally by filing wrong charges against RB then the defendant ought to be released. Nchito will be to blame for his shoddy work and deserves the sack for incompetence.
If there are deficiencies in the indictment such as the charge not being clear which I doubt, that can be repaired without any prejudice to the accused.
Further, the abuse of authority law was in place between the time RB was being sworn in as president until towards the end of his short term when he removed it to make corruption a way of life.
RB must be dealt with like any criminal
There are no constitutional issues to be dealt with by the High Court. His defence team want to divert the case and by time by raising none issues.
is the DPP’s name Mutembo Nchito or kut0mba enchito?
FROM THE WAY RB HAS BEEN BEHAVING THE OLDMAN KNOWS THAT HIS DAYS ARE NUMBERED. EVEN HIS LAWYERS KNOW IT.ONLY THAT THEY ARE CROOKS OR VULTURES. THAT ‘S THE WAY THEY SURVIVE. BA LAWYER!BRING BOOKS WE READ AND BECOME EVEN BETTER LAWYERS THAN U.
The DPP’s name Mutembo Nchito or kut0mba enchito?
A family of con-men, with RB at the pinnacle, as capo!
IT SEEMS LIKE STEALING IS BECOMING CONSTITUTIONAL NOW. PLEASE, JUST DEAL WITH THIS THIEF MWA MAGISTRATE. BANA BA BANDA MULANDU NI WA MWA MAGISTRATE CHABE, IMWE.
Political cases end no where. Just wasting tax payers money on non issues. You failed to charge him on all those cases you claimed he had committed with vindictive post newspaper & only to charge him with a case you say Andrew Banda received the proceeds.
Is Andrew & RB the same person?
where are the zamtel.lexus, arms, gold & fake kwacha cases?.
Not even ashamed of mentioning the mmd campaign money frm china.
The also argued that their client’s charge had been repealed and was not part of the penal code. Who repealed this law? Just wondering.
R.B YOU ARE ABOUT TO GO TO CHIMBOKAILA FOR A LONG TIME.THERE IS NO SHORT CUT HERE ,YOU SHOULD HAVE THOUGHT BEFORE YOU STARTED STEALING. NEXT BRING THE INDIAN GUYS WHO ALSO STOLE BILLIONS THROUGH FAKE LUCRATIVE CONTRACTS.
Ala Bee this will not be referred anywhere you are going to sit this one through till your bloodsucking lawyers bleed you dry. You pompous thieving chap…
One thief prosecuting another thief, what a circus!!
But RB ayopa ka. Why all these delaying tactics if really one did not steal?? Any way we are here waiting for the next step.
Peace and Prosperity to Mother Zambia.
Lt,
What the heck is going on with you this week? your format is terrible, we cant reply, cant vote, moderation etc, twice you say cant post my comments something is wrong, what is wrong with you chaps ala!
Did he sign for the oil deal or not? That is the question that should be answered without all the technicalities. Whether he was president or not is not the issue. Did he? Is there an account in Singapore?
are we paying Nchito for such a lazy arrse job
ok guys i dont understand law but in law u dont just say he did this at this time or what,thats they have specified that between may 1 2008 and oct 2011 and they lawyers just say that he was not a president by this time.see this The lawyers said the particulars of his offence of having committed the offence between May 1, 2008 and September 24, 2011, were incompetent because he was not the Republican leader at the time.and see this by the GRZ It is alleged that former President Rupiah Banda on dates unknown but between May 1, 2008 and September 24, 2011 did abuse his authority of office by procuring oil from a Nigerian firm. the reason why the government said that is because everyone should be proven guilt. lets watch the game
Guy was Vice President, Acting President and then Predient. Nobody is talking about what he necessarily did only when he was President.. Dull defence lawyers. They keep confusing this with their challenge against the lifting of immunity.
The defence lawyers are just misleading their client.. They know very will that RB repealed the law in early 2011, which was late and had probably committed the offeces when the repealed law was in force.. Because of that they are now trying to argue that the there is now law because the repealed and existing law in their frail argument are “different” in subtance, ie what they address.. Bog wash. They now very well the a new or revised law brings back to effect the repealed law and arguments of retrospective application do not arise..
Issue is simple.. DID YOU OR DID YOU NOT OPEN AN ACCOUNT IN SINGAPORE AND RECEIVE $2.5m PAYMENT FROM SO CALLLED NIGERIAN OIL SUPPLIER?????
Uyu teo mukakule baraba, yesu chilya apwisha amashiwi yonse elyo aeba abasole bakwe atiii… RB Must hang!
Its all well and good for the Murambiwas and Luos of this world to yell,bleat,hiss and wail willy nilly in Parliament to have Rupiah’s immunity lifted. But when it comes to the nitty grit details, leave it to the legal Gurus to soak it out in the courts of law. No fear no favor. The burden of proof is on the DBZ debt riddled Guru/ DPP to prove beyond reasonable doubt. Good luck!
Cheap legal tactics! Any lawyer worth his salt can see through all these legal jargons and technicalities that Mvunga is throwing around! But be careful Nchito, mind you it was Prof. Mvunga who made Section 5(4) of the Public order Act to be declared unconstitutional in the case of Mulundika and others! The old man is good at observing such loopholes in our statutes! Quickly include me on the team of prosecutors so that we quickly nail the old man otherwise he will be made bankrupt by these vultures masquarading as lawyers!
ladies and gentlemen, the fact is RB was Acting President during the subject period. This is a constitutional issue, yet mutembo nchito wants to hoodwink all of us otherwise. i thought it is the constitution that provides for the transitional procedure when a president dies and who takes over for how long i.e. 3 months. for a number of dull fellas on this platform, RB lawyers can raise preliminary constitutional issues even before they look at substantive issues. Hope this arent too complicated for some bloggers. The abuse of office clause that existed in 2008 is substantially different with the additions made by the PF to trap RB. For example, the 2008 clause did not have the retrospective dimension etc. Hope mutembo nchito is not about to plunder our money on a non- issue.
Thief of all times who adulterated the law to protect his bottom
An oil shipment will normally be transported by the ocean tanker load. Depending on source/quantity the C. I. F. value will be in the range of US $90-100m per shipment. How on earth can US $2.5m economically cover cost of a shipment? Or was the product in this particular case transported from Nigeria via road tankers to Zambia considering its small size? What are we missing here? We wait and see how the drama unfolds.
Mvunga was Nchito’s teacher and he is the one who wrote all these ACC provisions. When you add Saki to the team, I wonder how Nchito will prevail. Though having said that, Bwezani’s lawyers seem to be fishing for constitutional technicalities to get their man off the hook, stealing seems to be a case established here. Kupusa, busholi too much akhulu mphuno manje mwaona mwanya!
Levy Patrick Mwanawasa (September 3, 1948 – August 19, 2008) . RB was Acting President. He was calling the shots soon after Levi’s demise. He needed cash for the 2008 presidential by-election campaigns and the Nigerian oil deal was a quick way to get it. Lets wait for the state to give their evidence.
“Chapita muzako mawa chilipaliwe” I having reading stories and comments from any matter that involves these politicians. The questions I ask. Was there any truth about ” Zambian airline’ Nchito and Fred were constantly mentioned. Did nchito say rubish to application made by Professor Mvunga? at anytime a Professor is a Professor unless otherwise. The question is :” do we real know everything in this case or we know something about everything in this case. this is exactly that occurred between 1845 to 1900, where settlers could grab cattle and land us in Prentice of HUT TAX. divided settlers worn and even took their pride and called them Rhodesians. You be ready you people to called Bandanes or Satanians. I am watching across the oceans where Law applies accordingly.
MISSING 1992…
As though. Ba dpp.
After 2016, Mutembo Nchito, Wynter Kabimba, Sylvia Masebo, GBM, Fred Membe, Patrick Matibini, Michael Sata, Christine Kaseba and Chieftainess Nkomenshya will be exactly where RB, Never Mumba, HH, Dora Siliya and Maxwell Mwale are. What a circus!
On the argument that there was lack of clarity in the offence, Mr Nchito said the charge was audibly read to the accused when he went to take plea and he confirmed that he understood it.
Mutembo, this is a very weak point
Even
How shameless can this defense team be! So RB repealed the law on ‘abuse of office’ to shield himself. All the MPs who voted for the repealing of this law should be clobbered. These bastards!
No matter how good a case may be, if not based upon utmost good faith and logical reasoning, it is bound to fail. Herein comes the importance of Logic. Those of you who have not been schooled in Logic, let me tell you that lawyers capitalise on inconsistencies in reasoning and fallacies.Once your reasoning is disordered that is it.RB’s case is a big one which should have been thoroughly put without stupid mistakes such as the one about the time he became president. Suerely, this shows clearly how incompetent the DPP can be. Indeed R B has scored a point….no argument.
This is only time the laywers can punch holes in the case. Once state witnesses start poping up, it will be another story. In any case, we are all interested in fair trial.
let the man enjoy what he worked for bushe ngawabulamo mubutala bobe mulandu icibi kubulisha nomba nga tababulishe balekeni balibombele eco babulilepo.
but he was president before 24 set 2011. there must be an error in the period stated but it’s still within the same period.
Banda should have thought about all this when he was stealing the money. Let him not try to find excuses. I also read the rubbish on watchdog regarding this same story, that’s why I always say I read that ka uncouth site just to laugh because of the hallucinations and lies carried there but not for serious stuff. When I want serious staff I read credible sites like Lusaka times, Tumfweko, Zambianeye and The Post.
And are you aware Zambians that the watchdog deletes and withholds comments which criticize them, underfive Hichilema, Upnd and Rupiah Banda? Try to write any critical comment on that site you will prove what I am saying.
Are you also aware that Robert Amsterdam, Hichilema and Dickson Jere are some of the prominent writers of those bitter articles full of lies on Watchdog?
This case is going to be very interesting. I cant wait for the next session.
The dates are wrong. He was not in office to abuse office. We told you not to rush these things backfire. Even thieves do their homework and steal in such a way that you will have problems catching them.
Bakasebana Ba Sata and M’membe.