Njeulu wants Mubika Mubika’s election nullified

LOSING Patriotic Front (PF) candidate for Shango'mbo Constituency in the August 11, 2016 general elections, Poniso Njeulu, has asked the Constitutional Court to overrule the lower court’s decision and nullify the election of Mubika Mubika as Member of Parliament (MP).

Making submission through his lawyer Tresford Chali before ConCourt president Hildah Chibomba sitting with judges Sitali, Professor M. Munalula, P. Mulonda, M. Mulenga and E. Mulembe respectively, Mr Njeulu told the court that his gist of appeal was that section 97 (2) of the Electoral Act number 35 of 2016 was breached by the respondent during the run up to the August 2016 elections.

Mr. Chali stated that the section mentioned outlined grounds on which an electoral petition of an MP can be nullified by the court below or court appealed to.

He pointed out that despite demands being that allegations must be proved by the majority of the voters affected by the electoral illegality, the Electoral Act cited did not define majority.

He said it was incumbent on the court to define the term.

Mr. Chali submitted that the majority around the constituency where he contested 50 percent of the wards recorded corrupt practices.

Responding to the appellant’s argument, Lawyer Martha Mushipe stated that in an election petition of an MP could not be declared on mere allegations but evidence of standard of proof and clarity that the candidate committed the alleged malpractices.

Ms. Mushipe, who represented the respondent, submitted that the appellant had lamentably failed to prove the allegations that the respondent did take one of the people assaulted to a police station and the allegation was rebated in the lower court.

She said the evidence from the lower court consisted of mere allegations with witnesses having interest to save and it was it collaborated.

The court has since reserved ruling in the matter to a date to be advised.