Lusambo loses bid to abolish Economic Crimes Court
THE Constitutional Court has dismissed a petition by Bowman Lusambo in which he was questioning the legality of setting up the Economic and Financial Crimes Court (EFCC).
Mr Lusambo alleged that the EFCC was initiated by the UPND government to fix specific individuals termed as thieves.
He alleged that the setting up of the EFCC in both High Court and Magistrate courts by the Chief Justice, Dr Mumba Malila, the transferring of 10 magistrates by the Judicial Service Commission ( JSC) and the alleged interpretation of the Constitution by the resident magistrate under cause 2SPE/024/22 are in breach of articles 120 (1)-(4), 136(2) (a), 122 , 199(1) and 128 (2) of the constitution respectively .
He was seeking an order and declaration that the setting up of the EFCC in the High Court following pronouncements by the Executive and supported by the Judiciary amounts to setting up courts for a targeted group of individuals.
Mr Lusambo, through his lawyers, Makebi Zulu Advocates submitted that the court declares the transfer of 10 Magistrates irregular as it arose from an allegation that they were aligned to the previous government.
The Attorney General, Mr Mulilo Kabesha opposed the petition stating that no new subordinate courts have been created and that the existing magistrates have been merely assigned additional responsibilities.
He argued that there was no breach of Article122 of as the magistrates were transferable.
A panel of Judges comprising Mr Arnold Shilimi, Mr Martin Musaluke, Mr Mathew Chisunka, Mr Mudford Mwandenga and Ms Maria Kawimbe ,dismissed the petition for lack of merit.
Delivering judgement, Ms Kawimbe held that the court was by administrative arrangements created to hear and determine matters relating to economic and financial crimes in addition to its existing jurisdiction.
"With the High Court, the composition of the court is provided for under section 4 of the SI no 5 of 2022 and the rules of the High Court are applicable to this division of the High Court. The EFCC High Court division is therefore properly constituted and its creation does not violate article 120 (3) (a) and (b) of the Constitution," she said.
The Court also held that the JSC has the right to transfer any judicial officer to any duty station where his or her services may be required.
"In the absence, therefore, of any evidence that JSC in the exercise of the power to transfer the 10 was influenced by UPND cadres through the alleged demonstration at the subordinate court at Lusaka, this claim also fails for lack of merit. We therefore find that there are no constitutional issues for our consideration. The purported claim is therefore misconceived and accordingly dismissed," said the judgement.