LUSAKA lawyer Lewis Mosho has called it quits on a petition against Historical and political commentator Sishuwa Shishuwa, the Legal Resources Foundation limited and Chapter One Foundation Limited challenging President Edgar Lungu’s nomination as presidential candidate in the August 12 general elections for the third time.
Mosho in an affidavit in support of ex-parte summons for an order for leave to discontinue or withdraw petition indicated that he was nolonger interested in preventing the petitioners from fighting against President Lungu’s third term bid because the latter enjoys immunity.
“I am no longer diserious to prosecute this matter and wish to serve this court’s time as this issue raised in the petition can best be resolved under cause number 2021/ccz/0025 and 2021/ccz/0027 as consolidated,” Mosho said.
“I am advised by my advocates and verily believe the same to be true that at any period, we may apply to this court to discontinue or withdraw any matter instituted hence my application.”
Mosho said no prejudice would be suffered by the parties if he withdrew the petition, but the interest of justice shall be served.
Mosho had petitioned Shishuwa, the Legal Resources Foundation limited and Chapter One Foundation Limited for abusing the court process by challenging President Edgar Lungu’s decision to file in nomination papers when the Constitutional Court declared him eligible to contest in this year’s elections.
This was after the ConCourt rejected his application to join President Lungu’s eligibility case as an interested party.
Mosho said the acts of the respondents in bringing the petition against the incumbent President contravened the mandatory provisions of Article 98(1) of the constitution of Zambia which prohibits any person from instituting civil or criminal proceedings against the president.
Mosho charged that the respondents’ action was an abuse of court process as it was an invitation to the court to depart from its earlier interpretation of President Lungu’s eligibility to contest elections.
He sought a declaration that an action, including that of the respondents under cause no. 2021/CCZ/0025 and 2021/CCZ/0027 as consolidated, contravenes the provisions of Article 98 of the constitution which prohibits any civil or criminal actions against the President and is null and void.
The petitioner sought a declaration that the consolidated matters by the respondents is an abuse of court process and should be dismissed.