State asks court to dismiss Jay Jay suit against Levy Ngoma, Hamasaka

_{By GRACE CHAILE}

ATTORNEY General Mulilo Kabesha has urged the High Court to dismiss Emmanuel Jay Banda’s defamatory case against State House aides Levy Ngoma and Clayson Hamasaka

Banda, a Member of Parliament for Petauke, sued Ngoma, Hamasaka, the Attorney General, and Trevor Mwiinde, alleging abduction, torture, and false imprisonment.

He seeks compensation and damages for the alleged violations.

Banda accused the State of violating his human rights when he was forcibly transferred from a private hospital to Maina Soko military hospital for medical care after being abducted.

In response, State Counsel Kabesha argued that Banda, as a member of parliament, is of significant interest to the state.

Mr Kabesha stated that the police transferred Banda to a government hospital to ensure his security and medical care.

The Attorney General also argued that the statements made by the minister were based on the most current and accurate medical information available at the time.

He acknowledged a discrepancy between the hospitals’ findings and the minister’s statement, which will be clarified during trial.

The Attorney General stated that Banda was detained due to certain information that emerged during investigations.

Mr Kabesha argued that proper legal protocols were observed, and Banda was informed of the reasons for his detention.

He denied that Banda’s fundamental rights and freedoms were violated, citing Article 11(a) of the constitution. He also argued that Banda’s freedom of movement was not violated, as it is not absolute under Article 11(b).

The Attorney General concluded by denying Banda’s entitlement to the reliefs sought and urging the court to dismiss the petition with costs.