By NATION REPORTER
THE Constitutional Court has opted to remain silent on the State’s question of whether former Director of Public Prosecution Mutembo Nchito can be reinstated as DPP.
The court refused to consider the question because Mr Nchito had not asked to be reinstated in his petition challenging his removal from the office of DPP.
In this matter, Mr Nchito has petitioned the Constitutional Court over his removal from the office of DPP.
He claims that his removal was unlawful, illegal and that it should, therefore, be declared null and void.
He cited Attorney General Likando Kalaluka as the respondent in the matter.
Earlier, Solicitor General Abraham Mwansa filed a notice to raise preliminary issues asking the court whether the decision by the President to drop Mr Nchito as DPP could be reviewed and whether he could be reinstated as DPP.
Other questions were whether Mr Nchito’s amended petition was the correct mode of commencement of action to challenge the decision of the tribunal set up to probe him.
The court in its judgement struck out Mr Nchito’s five reliefs relating to the tribunal set up to probe him as the same should be commenced by way of Judicial Review in the High Court and not the Constitutional Court.
It stated that it would however, proceed to hear the parties as regards to the remaining reliefs.
The preliminary issues have succeeded as regards the five reliefs.
These reliefs are accordingly struck off. For the avoidance of doubt, this court shall proceed to hear the parties as regards the remaining reliefs,” read the judgement.
The judges who sat to hear the preliminary issues are Judges Mungeni Mulenga, Enock Mulembe, Palan Mulonda, Prof Margaret Munalula and Martin Musaluke.
Mr Nchito was relieved of his duties by President Lungu following a tribunal recommendation that he vacates office for professional misconduct.