UPND losing candidate for Kabushi Constituency Bernard Kanengo has petitioned the election victory of Bowman Lusambo.
This is according to a petition filed in the Ndola High Court by Kanengo’s lawyers Chimuka Magubbwi and Ngoza Nyangu.
Kanengo claims that the election was marred with corrupt and bribery practices.
He claims that there was undue influence and false publications by the respondent.
“On the morning of August 10, 2021, in the Lubuto area of Kabushi Constituency, the said Bowman Lusambo, by and through his known agent only known by the name of Nyirenda, rounded up and invited known UPND members and many other people to her house and treated them to a banquet of food and drinks of which she informed them were bought and arranged by Lusambo. The invitees were promised that Lusambo would give them a cash payment of K500, a bag of mealie meal and a container of cooking oil each at his residence,” reads the petition. “Later after the banquet, at his residence, Lusambo introduced all the Patriotic Front candidates for Kabushi Constituency and thereafter started collecting UPND party regalia and distributed PF party regalia to all those he had invited whilst promising them that a cash payment of K500, bag of mealie meal and a container of cooking oil would be given to them.”
Kanengo claims that Lusambo was guilty of undue influence and false publications of facts in relation to himself.
He further claims that Lusambo and his agents acted in a disorderly and violent manner for the purpose of preventing the transaction of the business of his campaign meetings.
“On June 16, 2021, while on a paid for political programme on radio, Lusambo stormed the radio station and disturbed and, or disrupted the programme by his uninvited and unwanted presence,” the petition states. “Lusambo and his agents assaulted some of my supporters who got medical reports. They also damaged some motor vehicles and the public address system that were being used for campaign business.”
Kanengo also claimed that Lusambo on the polling day was guilty of illegal practices for canvassing for votes, while communicating with voters who were in the precincts of a polling station.
“On August 12, Lusambo in the company of seven other men entered precincts of Lyuni Primary School polling station where voters were queued up for voting gesticulating with his clinched fist a symbol associated with his PF party commonly known as Pamaka and at the same time his friends and himself were saying Pabwato meaning on the boat being the electoral symbol of his party and in response were to the voters started saying Pamaka,” he said.
Kanengo stated that there was material and deliberate breach of the electoral code of conduct by Lusambo which consequently influenced the outcome of the election to his favour.
“The petitioner therefore prays that it be determined and declared that the said Mr Lusambo did commit multiple and widespread electoral offences. It be determined and declared that the said Mr Lusambo was not duly elected or returned, it be determined and declared that both his election and return were null and void. It be declared and ordered that the said Lusambo’s seat be vacated. It be directed and ordered that costs of the petition be borne by the respondent Lusambo,” prayed Kanengo.