Former President Frederick Chiluba has filed court papers rejecting a British judgement ordering him to pay back $58 million to the country’s Treasury in a graft case, his aide said on Tuesday.
Chiluba’s spokesman Emmanuel Mwamba said the former president had asked the Lusaka High Court to set aside a judgment delivered by British Judge Peter Smith which ordered him to reimburse funds allegedly stolen during his 10-year rule which ended in 2001.
“Dr Chiluba has filed documents asking the court to set aside the judgement because of irregularities in the manner it was delivered,” Mwamba told Reuters.
Chiluba said in his court filing that enforcing the judgement would be against public policy in Zambia because it was delivered without him being heard and that it was obtained “through fraud”.
“The principles in which the judgment was obtained were contrary to the principles of natural justice. The prosecution of the case and the registration of the judgement arising therefrom are in violation of the right to a fair trial,” Chiluba in a court affidavit.
Zambian prosecutors sought to have the case heard in a British court in hopes of recovering properties owned by Chiluba and other defendants in Britain and other EU countries.
Chiluba said Zambia law had been flouted by the government which brought a British civil graft case against him when he was still facing criminal prosecution in a Zambian court for theft of $488,000 in public funds.
Chiluba has appealed together with two Lusaka businessmen Faustin Kabwe and Aaron Chungu, whom he is jointly charged with in the $488,000 case.
Chiluba declined to appear before Judge Smith when the case was being heard in London after arguing Smith had no jurisdiction to determine Zambia legal cases.
He said in his affidavit that he could not travel to London because he was under travel restrictions from the government.
“It appears the attorney general deliberately chose England specifically to make it difficult if not impossible for us to participate and effectively defend the claims against us,” Chiluba said.
Chiluba has in the past argued that the British case was essentially fraudulent and promoted by British Prime Minister Tony Blair and Zambian President Levy Mwanawasa in an effort to make a point about graft in Africa.