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‘YOU CAN’T SUE PRESIDENT’ , MOSHO PETITIONS CONCOURT OVER ELIGIBILITY PETITIONER

By GRACE CHAILE LESOETSA

LUSAKA lawyer Lewis Mosho has petitioned the Constitutional Court to dismiss petitions against President Edgar Lungu because it is unconstitutional to sue a Head of State in any civil or criminal matter.

Mr Mosho said the consolidated petition by political analyst Sishuwa Sishuwa, State Counsel John Sangwa through the Legal Resources Foundation (LRF) Limited and Chapter One Foundation to declare President Lungu’s nomination for 2021 elections null and void contravenes article 98 (1).

He stated that the act by the trio in bringing the petition against President Lungu contravenes 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.

Dr Sishuwa, LRF and Chapter One Foundation have been cited as first, second and third respondents in the petition.

The three  want a declaration that President Lungu who is the respondent having been elected, sworn into and held the office of President from January 25, 2015 to September 13, 2016 and having been declared winner of the 2016 election, sworn into and having held the office of president from September 13, 2016 until the next president is elected under the 2021 election is not eligible for nomination for election as President.

Mr Mosho stated that the action by the three is an abuse of Court process as it is an invitation to the ConCourt to depart from its earlier sound interpretation of the law surrounding the subject matter.

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