COURT WANTS TO CHECK ESTER LUNGU’S BANK ACCOUNTS TO SEE IF SHE HAD INCOME TO BUILD FLATS
COURT WANTS TO CHECK ESTER LUNGU’S BANK ACCOUNTS TO SEE IF SHE HAD INCOME TO BUILD FLATS
THE Economic and Financial Crimes Court (EFCC) has summoned two bank officials to appear before it and produce bank statements for former First Lady Esther Lungu and the Esther Lungu Foundation.
Those summoned are Zanaco Bank Cairo branch manager Brian Mutakwa and Choolwe Chiyala, a relationship manager of First National Bank (FNB) Zambia Plc.
This follows an application by the State for the subpoena of the bank officials for the purposes of court proceedings against Mrs Lungu filed by Director of Public Prosecutions (DPP) Gilbert Phiri.
Mr Phiri wants EFCC to allow for the forfeiture to the State of Mrs Lungu’s 15 flats worth K24 million for being tainted property, liable for forfeiture.
In the notice of motion, the DPP seeks an order for the forfeiture of Mrs Lungu’s flats in State Lodge on reasons that they were built through proceeds of crime.
Mr Phiri challenged Mrs Lungu to prove the legitimate acquisition of the seized flats because, according to investigations by the Drug Enforcement Commission (DEC), she has no income to develop the real estate.
Along the way, Mrs Lungu applied that the matter be referred to the Constitutional Court for determination of issues which included jurisdiction and establishment of the specialised EFCC.
But the court threw out Mrs Lungu’s application for constitutional reference for lack of merit because the issues she wanted to be determined had already been adjudicated upon by the Constitutional Court.
However, the former first lady appealed and urged the court to stay the main proceedings pending determination of the appeal against the dismissed application for constitutional reference.
In her application, she prayed that the matter be stayed because not doing so would prejudice her and her appeal would be rendered nugatory.
But latest documents show that the court has refused to grant Mrs Lungu’s application to halt the proceedings, whose hearing is scheduled for today, pending determination of her appeal.
“We are not persuaded that the appeal will be rendered nugatory by the mere fact that the proceedings herein will proceed and a judgment on merits given,” the court ruled before refusing to stay the case.