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