Court of Appeal upholds acquittal of Wilson Lungu 

By GRACE CHAILE

THE Court of Appeal has upheld the acquittal of former Ministry of Health head of procurement Wilson Lungu of corruption allegations in connection with the Honeybee drugs scandal.

The appellant court in its judgement said the Economic and Financial Crimes Division-High Court had no jurisdiction to reverse the acquittal of Mr Lungu.

This is according to a judgement rendered by a three-judge panel of Mr Chalwe Mchenga, Mr Kelvin Muzenga and Ms Yvonne Chambe.

Justice Muzenga, who delivered the decision of the court said the High Court fell in grave error when it exercised jurisdiction that it did not have as jurisdiction is granted by law and cannot be acquired.

“The learned court below preoccupied itself with the propriety of the appellant’s acquittal and ended up bequeathing itself jurisdiction which it lacked. 

Whether the acquittal is irregular, improper, uncalled for or null and void is not an issue in which the High Court exercising powers of review may declare or pronounce itself on,” he said.

The court held that if the State were dissatisfied with Mr Lungu’s acquittal, they should have appealed.

“Having allowed the appeal, we accordingly set aside the ruling of the court below. The appellant’s acquittal remains undisturbed and as things stand, he cannot be prosecuted for the offence for which he was acquitted,” he said.

Brief facts to the matter are that Mr Lungu was jointly charged with five others with one count of willful failure to follow applicable law or procedure guidelines contrary to Section 34(2) (b) of the Anti-Corruption Act in the awarding of the US$17 million contract to Honeybee Pharmacy for the supply and delivery of 22, 500 Health Centre Kits.

On January 19, 2021, Lusaka lawyer, Joseph Chirwa filed a criminal complaint against Mr Lungu, former Health Minister Chitalu Chilufya and others in the Lusaka Magistrate Court. However, the complaint was withdrawn the same day. Following the withdrawal of the complaint, the accused were acquitted.

The State contested the acquittal contending that it was irregular considering the manner in which it was entered and the case was referred to the High Court.

The High Court found that the order of acquittal was a nullity as no plea was taken and consequently no criminal proceedings had been instituted.

Mr Lungu appealed against the decision in the Court of Appeal and argued that the High Court had no jurisdiction to review the proceedings under Cause No. 2SPD/027/2021 notwithstanding the fact that there was an order of acquittal in those proceedings.

[/ihc-hide-content