ConCourt’s mandate over my eligibility has already expired – Lungu
FORMER president Edgar Lungu says proceeding with Chizombe’s petition would be an attempt to give him an opportunity to re-litigate a matter that is already decided upon and the same would be in breach of the Res Judicata rule.
Lungu has maintained that the Constitutional Court is functus officio ( Lacking authority) after having settled the dust over his eligibility to contest for presidency in future.
In an affidavit in reply to Chizombe, The State and ECZ’s affidavit in opposition to his notice of motion for determination of questions of law arising in this cause Lungu said the petition is barred by Res Judicata as the Court has ruled on the same subject already.
He argued that the petition constitutes an abuse of the Court process, as Chizombe slept on his right to raise his arguments in the petitions that were before Court that bordered on similar issues.
“The petition’s compliance with the constitutional parameters outlined in Article 102(4)(a) and (b) is questioned, particularly regarding the prescribed process and timeline for challenging the validity of elections and candidacy,” Lungu said.
“The Court cannot entertain this matter owing to irregularities set out in the notice of motion for determination of questions of law arising in this cause.”
He said the matter is not competently before Court.
In his list of authorities and skeleton arguments Lungu said the Court underscored that it’s interpretations of constitutional provisions are finals and binding on parties and the public.
He explained that the Court’s interpretation stands as conclusive and parties must refrain from opening settled issues or seeking a different outcome based on their individual perspectives or grievances.
“The doctrine of res Judicata serves to promote finality in legal proceedings and prevent parties from re-litigating the same issues multiple times,” said Lungu.
By Mwaka Ndawa
Kalemba
I doubt if even ECL himself Comprehends the Concourt Judgement. The same Judges he intimidated to grant him the desires of his heart he must now face them when the balance of power has changed.
Any normal human being knws very well that ECL was never eligible to contest after having been sworn in twice but he forced his way.
In fact, wht should have happened after UPND formed Gvt, should have been suspension of the Concourt Judges tht gave the absurd ruling for ECL to contest and Jail ECL for Treason. They treated him with kid gloves, now he even has the audacity to dare them becomes he is deluded that alebwelelapo.
Let Edgar Lungu dare the Constitutional Court judges and tell them that there would be chaos if they deliver a judgement against him. He did it at Sokwezi Airport and he can still do it now.
Edgar Lungu knows the Concourt fate already thus declaring that he’ll support any cockroach that will challenge HH7 in 2026!!!
HH is now the architect of this confusion by trying to be nice and keeping compromised judges. He knew when he assumed office that the whole judiciary was rotten. Why did he leave these guys in office? Naivety? Arrogance? I am sure people like Cornelius and Gary told him to clean up the system.
A lion cub that tastes human flesh has tasted it even if it was given by its mother the lioness. These judges benefitted pecuniary or otherwise from the illegal decisions they were making. You cannot say they were coerced to make those decisions. They were asked nicely with hefty rewards dangling.
Let us avoid any rooky behaviour HH now. Consult where you don’t know. Eish!!!