DIRECTOR of Public Prosecutions (DPP) Mutembo Nchito’s case where he is alleged to have committed various offences has been remitted to the Lusaka magistrates’ court from the Chongwe subordinate court.
Former Finance deputy minister Newton Ng’uni is the complainant in the matter in which Mr Nchito is alleged to have committed nine counts of abuse of authority, professional misconduct and uttering of false documents, among other offences.
The case has been remitted to the Lusaka magistrates’ court following Judge Mwila Chitabo’s decision to quash the warrant of arrest issued by Chongwe magistrate Mutumba Phiri to have Mr Nchito arrested for, among other offences, entering a nolle prosequi in favour of Shubert Sinkala without allegedly hearing the complainant Lewis Mosho.
Mr Justice Chitabo on Thursday quashed the warrant of arrest on grounds that the Chongwe magistrate had no jurisdiction to issue the same since the offences were allegedly committed in Lusaka.
But Mr Ng’uni said at a Press briefing in Lusaka yesterday that he would pursue the matter to its logical conclusion by going through the courts of law where Mr Nchito would be accorded an opportunity to defend himself.
Mr Ng’uni said as a Zambian citizen he had an obligation to ensure that laws were observed and respected by all regardless of their status in society, but that he had no personal vendetta against Mr Nchito other than wanting justice to prevail.
He said Mr Nchito occupied a central role in Zambia’s criminal justice system and was not above the law for him not to undergo trial.
“Any person who occupies that position should be of impeccable character and free of any conduct that may negatively reflect in the performance of functions of the DPP,” Mr Ng’uni said.
He accused some court officials of working with Mr Nchito to frustrate the cause of justice by leaking the court documents to Mr Nchito to enable him commence court proceedings against the Chongwe magistrates’ court, which saw him obtain a stay of the warrant of arrest.
Mr Ng’uni said he was not given an opportunity by Mr Justice Chitabo to be heard before quashing the warrant of arrest.
He said he was accused of not attaching charges to the warrant of arrest when such details were there.
Mr Ng’uni has since asked his lawyers to help him understand the conduct of Mr Justice Chitabo to ascertain as to whether he was using his office to frustrate his right to seek justice.