Dismissed Director of Public Prosecutions Mutembo Nchito has gone to the constitutional court challenging President Edgar Lungu’s decision to remove him from office.
Mr Nchito who has petitioned the Attorney General Likando Kalaluka has asked the Court to stay the President’s decision until the determination of the petition.
Mr Nchito wants the court to declare that there has never been an investigation involving him before the Judicial Complaints Commission pursuant to article 144 of the Constitution.
He wants the court to declare that the President’s action of purporting to relieve him of his position as DPP without having been an inquiry under Article 144 of the Constitution is unconstitutional
and therefore illegal, null and void.
mar Nchito further wants a declaration that all actions by the President after purportedly relieving him of his duties including any appointment of a replacement DPP be declared null and void.
Mr. Nchito further explains that no prejudice would be occasioned by the respondent if a stay was granted to him as there was a person acting in the position of DPP.
On Sunday this week the Tribunal which was constituted to probe Mr. Nchito presented
a report of their findings to the President and Mr. Lungu has now written to him relieving him of his duties citing Article 144 of the amended constitution.
Mutembo Nchito goes to the constitution court
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