By GRACE CHAILE
THE Anti-Corruption Commission (ACC) says former Permanent Secretary at the Ministry of Education, Dr. Patrick Nkanza, allegedly entered into a contract with China Energy Engineering Group-Hunan Electric Power Design Institute Co Ltd, worth over K213 million for the construction of FTJ Chiluba University, without confirming the availability of funds.
The ACC submitted that it was on this basis that it charged Dr Nkanza with willful failure to follow applicable law or procedure relating to procurement in entering into a contract with China Energy Engineering Group-Hunan Electric Power Design Institute Co Ltd worth K213, 734, 967.77 without confirming the availability of funds.
“The first defendant (ACC) had conducted proper investigations which established that the plaintiff (Dr Nkanza) on behalf of the ministry entered into a contract without confirming availability of funds. The said contract failed to be implemented owing to unavailability of funds,” stated ACC.
This is in a matter in which Dr Nkanza has sued ACC and the Attorney General in the Economic and Financial Crimes Court – High Court, for malicious prosecution and he is demanding over K500, 000 in special damages.
Dr. Nkanza, was demanding K500, 000 for legal fees and K50, 000 transport costs.
Dr. Nkanza was also claiming damages for malicious prosecution and libel.
He also wants the ACC to issue an apology to the public to the effect that the charges of wilful failure to comply with applicable law and procedure contrary to section 34 (2) (b) of the Anti- Corruption Act no. 3 of 2012 in respect of the FTJ university, a contract he was not part of against him were withdrawn.
He has cited the ACC and Attorney General as first and second respondents.
In a statement of claim, Dr. Nkanza stated that he was on May 6, 2022, arrested by the investigative wing on an allegation that during his tenure as PS of the ministry, he signed a contract worth K200 million without confirming availability of funds.
He said that ACC acting without reasonable and probable cause charged him with five other suspects before the magistrate court with the offence of wilful failure to comply with applicable law and procedure.
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