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Zambia's former president Rupiah Banda
Zambia’s former president Rupiah Banda is currently being investigated for corruption by Mutembo Nchito, the director of public prosecution Photograph: STR News/Reuters
Zambia’s former president Rupiah Banda is currently being investigated for corruption by Mutembo Nchito, the director of public prosecution Photograph: STR News/Reuters

Zambian court to decide whether prosecutor can drop case against himself

This article is more than 9 years old

Magistrate Lameck Mwale to rule on whether director of public prosecution Mutembo Nchito is legally allowed to declare himself a free man

A Zambian magistrate will decide the future of a case in which the country’s top prosecutor said he would not be pursuing a case against himself and declared himself a free man.

“I am the director of public prosecution of the republic of Zambia and I have decided to enter a nolle prosequi against all the charges,” Mutembo Nchito told the magistrate from the dock last week, using the Latin term for refusing to pursue a case.

The magistrate, Lameck Mwale, will rule on whether Nchito can prosecute himself or not.

Nchito was briefly arrested last week on nine charges, including abusing his authority, contempt of court and fraudulent contracting of debt. The offences were allegedly committed between 2008 and 2013.

A high court then cancelled the warrant for his arrest, a ruling that ended proceedings against Nchito.

But former finance minister Newton Ng’uni, who brought the complaint against Nchito, vowed to pursue an appeal.

Fresh summonses were issued against Nchito, who is also prosecuting high-profile corruption cases, including those involving former president Rupiah Banda.

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