THE Lusaka magistrate court has deferred to September 5, 2014 ruling in a matter in which former republican president Rupiah Banda has asked it to refer his oil deal case to the high court for determination of Constitutional matters.
Principal Magistrate Obister Musukwa who yesterday mentioned the case on behalf of chief resident magistrate Joshua Banda told Banda that the ruling was not yet ready.
This is in a matter in which Banda is facing one count of abuse of authority relating to the oil deal with the Nigerian Government.
It is alleged that between May 1, 2008 and September 24, 2011, Banda, being a person employed in the public service, namely President of the Republic of Zambia, did abuse the authority of his office.
Banda, 76, of house number 3, plot 2759, off Leopards Hill Road in Lusaka allegedly procured a Nigerian government-to-government oil contract in the name of the republic of Zambia but did not benefit Zambians.
He is accused of instructing his son Henry Banda to determine the destination of the proceeds of the contract.
However, Banda has asked the magistrates court to refer the case to the high court for determination of Constitutional matters.
He has charged that he could not be prosecuted by Director of Public Prosecution (DPP) Mutembo Nchito because he views him of being biased.
Banda further claims that he will not be afforded a fair hearing because Mr Nchito has continued to carry out investigation while prosecuting him on the other hand.
Mr Nchito has however urged Mr Banda to dismiss Banda’s request on grounds that it was a manoeuvre to delay the trial which was smoothly going on.
NOT GUILTY NOT GUILTY NOT GUILTY NOT GUILTY NOT GUILTY
@Judge’s Secretary – Nivima Suspect vonse vibanthu ivi. Only the other day Regina had 28 Pounds million blocked by Finiland. The funds were being transferred from England to Finland for investment into that country by Regina yet Banda refused to Register the London Judgement when he knew full well that Kafupi stole!!!
Sorry ’28 Million Pounds’
THE GOVERNMENT SHOULD JUST FORGIVE THIS OLD MAN. HE DID NOT KNOW WHAT HE WAS DOING. LEAVE VENGENCE TO GOD. AND LETS HOPE HE HAS LEARNT HIS LESSONS. SATA SHOULD AVOID FALLING INTO A SIMILAR TRAP. AND LETS MOVE ON.
we will forgive him only if he pays back what is due to me as a Zambian.
Dorika – pay you what? But at the same time you think it is ok for Nchito who owes the Zambian taxpayer billions to sit in judgement on unproved allegations on RB? Every single day we are provided with illogical panga fighter type of reasoning – the dullness of these people never ceases to me amaze me!
@Chisenga
Forgive RB for what? The evidence we have read so far points to the fact that there was no oil deal. Zambia didnt pay anything and Zambia didnt get any oil. The Zambian Govt didnt discuss anything to obtain, procure or receive a donation from anyone in relation to Nigerian crude oil. There has been no official from the Nigerian Govt to testify that there was even an offer of crude oil. In fact all key witnesses have confirmed that RB wasnt involved…So why have you concluded that RB is guilty? On the other hand, Sata had his FBZ personal accounts published on Zambia reports website and they clearly show kickbacks of $5000 paid in amounting to $250,000 and that is within 6-7months of his presidency. You should be saying “be fair to the man and drop the frivilous charges”
Mutembo Nchito has a bone to chew with RB and therefore no fair trial is guaranteed at this stage. If Mutembo has some guts he would have recused himself from this matter. RB is facing up tramped up charges mainly championed by a clique calling themselves the “A” team. Nevertheless this case will soon be closed following the eminent bye election that we are going to have soon. By December 2014 or end of January 2015 Zambia will have a new president who will come from other political party other and not PF. PF is just a one term political party and their time is nearing. RB will be granted the immunity that was stripped by the cartel and we shall demand properly the payment of our 14 billion owed by the clique of misguided PF supporters.
We will see about that.
you see country men and women , i find this judicially really wasting tax payers money paying magistrates who deliberately do stupid work on political cases like this one. surely there is no need to waste time going through stupid arguements to a matter like this one .
mutembo nchito should have recused himself even when the president considered him to be the DPP.
he has issues with managment of his business, which failed and the same person accused RB to have been behind the troubles of his company.
in a twinkling of an eye he starts prosecuting his percieved enemy and you call this fair justice, rubbish, if has a strong case let him appoint an other prosecuter.
RB is not refusing to be tried but those trying him have dirty hands. straight forward, why is he insisting to…
LEAVE THE MAN ALONE, HE DID ALL THINGS IN HIS POWERS TO BENEFIT AND DEVELOP ZAMBIA. NCHITO DOES NOT WANT TO PAY BACK THE 14 000 DBZ LOAN HENCE FIGHTING MR BANDA. ONE DAY HE WILL LEAVE THAT OFFICE, THEN WILL HE REALISE HE IS JUST A ZAMBIAN. LEAVE THE CASE ALONE.
Ruupiah Banda shall be vindicated in the witnessbox of time and his malicious hunters shall become the hunted.
Kabimba must be cursed.He is the one who started the harrasment of RB and today it has made RB popular.Then he goes to Chikwanda and in no time the dinasour looks wise.As for Nchito in my view RB is better allowing “fat desk lawyer” prosecuting him as
he is making a mess of the case.That is if there ever was a case in the first place.
Ba Mike, just a correction which escaped most people’s attention and which the Post conveniently did not want to mention. The reason why President Chiluba’s London Judgment was not registered in London was that at a critical time, soem cleaver lawyers raised a valid technicality at law. It was discovered that from independence Zambia had not signed the protocol with UK which would facilitate that registration. Nothing to do with President Banda as they would like you to believe. That is the record in court as it stands, go and check it for yourself. Sorry Vice President George Kunda is not there to guide you, MHSRIEP. And may the souls and flesh and skins of devils and satans and cartels burn in red hot hell for ever AMEN.