CONSTITUTIONAL COURT TO HEAR PETITION ON LUNGU’S ELIGIBILITY
THE Constitutional Court has ruled that it will proceed to hear the petition challenging Edgar Lungu’s eligibility to contest future elections.
The matter has been sent back to a single judge for rescheduling.
The court dismissed a notice of motion raised by Mr Lungu, who asked the court not to entertain the petition on the principle of res judicata and functus officio. These legal doctrines prevent the same issue from being litigated repeatedly.
The petition was filed by Mr Michelo Chizombe, chairperson of the National Council of Student Unions, who seeks a declaration that Mr Lungu is ineligible for future elections.
Mr Lungu’s advocates argued that this is the fifth time the eligibility question has surfaced, describing the latest petition as an abuse of court process.
However, the Court has decided that the matter should proceed to trial to be heard on its merits. This means that the court will consider the substance of the petition and make a ruling based on the evidence presented.
Daily Nation