By NATION REPORTER
THE State has accused former Director of Public Prosecution (DPP) Mutembo Nchito of disregarding orders and direction of the Constitutional Court in a matter where he is challenging his removal from the office of DPP.
When the matter came up yesterday, Solicitor General, Abraham Mwansa told the full bench of the court presided by Judge Mungeni Mulenga that Mr Nchito did not file witnesses statement which should have also been filed on him as ordered by the court.
“We came here geared for the hearing of the petition but the petitioner has not served on us any witness statement as ordered by the court. “When the matter came on August 9, the court ordered that the petitioner should file witness statement which should also be served on us but to date we have not received,” Mr Mwansa said.
Mr Mwansa said Mr Nchito must make a clear description as to the nature of the documents he wishes the subpoenaed witnesses to produce so that the respondent is determined. He said the State will only respond when the summons and affidavits are served.
In response, Mr Nchito said it was not fair for the State to say he was disregarding orders of the court because the Constitutional Court was recently established and its practice and procedures require guidance of the court.
“I think it is not lost on anyone that this court is new, its practice and procedure sometimes require clarity. The case that is now before this court maybe one of the few trials of the court exercising its original jurisdiction.
“Both parties will rely on the guidance of the court and to say that I am disregarding orders of the court is not fair,” Mr Nchito said.
In this matter Mr Nchito is challenging his removal from the office of DPP arguing that it was illegal and should therefore, be declared null and void.
Judge Mulenga therefore, adjourned the matter to November 18 and emphasised that Mr Nchito should file witness statements and his ex-parte application to subpoena witnesses and serve them on Mr Mwansa.