Ex DPP Mutembo Nchito fights for come back
DISGRACED former Director of Public Prosecutions (DPP) Mutembo Nchito has summoned the Annel Silungwe-led tribunal that recommended his dismissal to testify before the Constitutional Court in the matter in which he has challenged his sacking. Nchito has subpoenaed retired Chief Justice Annel Silungwe, chairperson, retired Chief Justice Matthew Ngulube as the secretary and retired Chief Justice Charles Zulu who was the vice-secretary of the tribunal.
But Solicitor General Abraham Mwansa told a full bench of the Constitutional Court presided over by Judge Mungeni Mulenga that he would formally file documents to set aside the subpoenas.
Mr Nchito was sacked by Presi- dent Lungu following a recommendation that he should vacates office for professional misconduct.
Earlier, Nchito petitioned his claiming that there had never been an investigation against him as provided for in the new constitution under article 144 of the judicial complaints commission.
He accused former Chief Justices Matthew Ngulube and Ernest Sakala of having embarrassing conflicts of interest and biases in the matter before them which they did not declared to the parties but chose to continue.
When the matter came up for possible hearing Mr Nchito told the court that whether it was determining the merit of the case or unreasonableness, it had no choice but to examine the nature of the unreasonableness.
He said he would bring evidence that would be heard by the court as regards to issues to do with biasness.
Justice Mulenga however, asked Mr Nchito to address the court whether the judicial review granted when he was arrested in February 2015 where properly before the Constitutional Court.
But Mr Nchito asked the court to allow him file in documents on January 16, 2018 and court adjourned the matter to February 22, 2018.