FORMER HIGH Court judge Wilfred Muma yesterday denied engaging in corruption before the Economic and Financial Crimes Court.
This was after the Court dismissed the preliminary issue raised by the former judge requesting to be tried on graft allegations by the Lusaka magistrates Court, since he no longer had supervisory power over it.
Muma had argued that the High court has no jurisdiction to determine cases of abuse of authority of office as a Court of first instance unless on appeal.
Submitting before before judges Pixie Yangailo, Ann Ononuju and Mwanajiti Mabbolobbolo early last month, Muma had argued that the EFCC had no powers to try him on allegations of having abused his powers, as it was a preserve of the Subordinate Court.
His lawyer Honest Chizu submitted that it was wrong for the State to obtain an order Ex-parte changing the venue for trial.
Chizu said it is specified in the Criminal Pocedure Code(CPC) on which cases the High Court can determine as a Court of first instance.
“The offenses it (High Court) is supposed to try as a court of first instance are provided for and listed in the schedule of the CPC pursuant to gazette notice no.5 of 1962 and gazette notice no.172 of 1962,”he said.
“Charges of buse of authority of office are not listed as those offenses which the court can try as a court of first instance.”
Chizu said the Chief Justice never signed any Statutory order clothing the High Court with powers to hear certain matters as a Court of first instance.
But in its ruling the Court said it could not tamper with the decision made by their fellow judge to have Muma tried before the EFCC and not the Subordinate Court.
The court ruled that Muma would proceed to take plea.
The former adjudicator is facing two counts of wilful failure to comply with the law and applicable procedure relating to the allocation and disposal of public property, and abuse of authority of office.
Muma is alleged to have grabbed land from the Zambia Army which is a portion of Chikoleka forest, on Chitukuko road in Woodlands area and issued it to the Patriotic Front in 2018 when he served as Commissioner of Lands.
Trial commences on May 7.
By Mwaka Ndawa
Kalemba March 26, 2024.
