By SANFROSSA MANYINDA
THE Ndola High Court has nullified the election of PF Kabushi Member of Parliament Bowman Lusambo. Lusaka High Court Judge, Edward Musona, sitting in Ndola ruled that the name “bulldozer” instilled fear in the UPND not to campaign freely.
This is in a matter where UPND losing candidate Bernard Kanengo petitioned the election of Mr Lusambo in the Ndola High Court. Mr Kanengo claimed that the election of Mr Lusambo was marred with corruption and bribery practices. He also claimed that Mr Lusambo and his agents acted in a disorderly and violent manner for the purpose of preventing the transaction of the business of his campaign meetings.
And passing his judgement yesterday, Judge Musona noted that Mr Lusambo did not disassociate himself from his militia group known “the Nato Forces,” which was attacking the electorates. The judge said he was satisfied that the respondent had knowledge of violence and his alibi regarding the violent episodes which were challenged by the petitioner. He therefore dismissed Lusambo’s alibi that he was not around Ndola when allegations that he was bribing some choir members occured.
“I have no doubt that the witnesses saw the respondent. The alibi raised is destitute of merit. I have upheld all allegations except for false publication, that he stormed a radio station while Kanengo was appearing and the allegations that he caused violence in Toka ward,” he said. Judge Musona added that Mr Kanengo’s democratic right was swatted by corruption, violence committed by the bill dozer and his Nato Forces. “I declare the election of Lusambo nullified and void,” he said. And speaking to journalists after the lengthy court process, Mr Lusambo said he would remain strong and determined and that he would file an appeal of notice after studying the judgment.
“There were a lot of grey areas in the judgment and almost immediately we are pushing for a notice of appeal. I have been a politician for quite some time so I am not moved or shaken, I will remain a politician. ” I will however say that I respect the judiciary and have learnt a lot of lessons from both the judiciary and our political opponents,” Mr Lusambo said. Meanwhile, Mr. Kanengo said he was happy that justice had been served to the people of Kabushi
