Sampa seeks court nullification of Lungu election

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PATRIOTIC Front (PF) presidential hopeful Miles Sampa yesterday filed summons in the High Court seeking to declare illegal the election of Minister of Justice Edgar Lungu as the ruling party’s candidate in the January 20, 2015 presidential election.
Mr Sampa, who is Deputy Minister of Commerce, Trade and Industry and Matero member of Parliament (MP), further wants the court to declare the November 30, 2014 PF general conference which elected Mr Lungu null and void.

He is also seeking an order of interim injunction to restrain Mr Lungu, who is also Minister of Defence, from holding out as president of the party and presenting the certificate of adoption to the Electoral Commission of Zambia (ECZ).
Mr Sampa has sued PF secretary general Bridget Atanga and Mr Lungu as first and second defendants, respectively.
Mr Sampa’s arguments and prayers are contained in a statement of claim filed in court by law firms Makebi Zulu Advocates, Iven Mulenga and Company and Lungu Simwanza and Company.
He also said the court should declare that the purported adoption of certificate granted to Mr Lungu is null and void.
Mr Sampa wants the court to award him any other relief the court may deem fit and costs.

Mr Sampa alleged that on November 29, delegates in attendance at the general conference were in access of 8,000 people, contrary to the party constitution which provides for up to 500 delegates from each province.
He said he will prove that  acting PF president Guy Scott could not officially open and convene the general conference as the accreditation was still in progress. It was allegedly later marred with violence and threats allegedly caused by Mr Lungu’s supporters.
He said on November 30 while the accreditation process was in progress, PF national chairperson Inonge Wina convened and chaired the central committee, national council and general conference.
He said returning officer Tutwa Ngulube in disregard of the presiding officer presided over Mr Lungu’s election by show of hands and subsequently declared him duly elected.

Mr Sampa said PF chairperson for elections Sylvia Masebo attempted to stop the conference before the completion of the accreditation process but the defendants allegedly refused to heed her advice.
Meanwhile, the High Court has reserved ruling in a matter in which MMD president Nevers Mumba is challenging his suspension from the party and the consequent adoption of former President Rupiah Banda as presidential candidate for the January 20 election.

This is a matter in which Dr Mumba has applied for an order of interim injunction to stop the MMD national executive committee (NEC) from suspending him from the party.
When the matter came up for inter parte hearing before High Court judge Chalwe Mchenga, Dr Mumba said through his lawyer that that he would not be able to lead the party.
He said the court should confirm the ex parte order, adding that it can restore particular situations such as Dr Mumba’s presidency until the matter is resolved.

And MMD national secretary Muhabi Lungu said through his lawyer Abyudi Shonga that the court should discharge Dr Mumba’s application.
Mr Justice Mchenga reserved ruling for December 10 this year.
And the High Court has set December 8, this year, as the date for inter parte hearing in a case in which MMD Copperbelt Province treasurer Tobby Maliti has challenged the adoption of Mr  Banda as presidential candidate by the NEC
High Court judge-in-charge Isaac Chali will hear the matter on the set date.