FORMER Director of Public Prosecution Muntembo Nchito SC has charged that not allowing him to bring in more witnesses to testify would disadvantage his cases before the Constitutional Court.
And the Constitutional Court has cautioned against parties making too many applications which have contributed to the delayed progression of many cases before court including the DPP’s matter.
Mr Nchito said the nature of his case made it almost impossible to secure witnesses but that he had a willing witness who was ready to appear before court.
He made his submission before a full bench of the Constitutional Court yesterday where he made an oral application to allow one or more witnesses to his case. But Solicitor General Abraham Mwansa argued that Mr Nchito should have sought leave of court before issuing subpoenas as this overlooked the courts procedure.
“Mr Nchito’s late and irregular application should not be granted and that subpoenas issued in this court be set aside. We already made submissions on which we rely in support of our application to set aside the subpoenas. “And we therefore came prepared for the hearing of summons. Unfortunately, my learned brother didn’t intimate beforehand that he intended to bring a witness today otherwise we could have come prepared ourselves,” he argued.
And Constitutional Judge Ms Justice Mungeni Mulenga sitting with Mr Justice Enock Mulembe, Mr Justice Palan Mulonda, Ms Justice Margaret Munalula, Mr Justice Martin Musaluke told Mr Nchito to avoid making an impression that the Courts were delaying his case when in fact he was delaying progress with too many applications.