ACC contests Ndozo Lodge Boss’ request to have his bank returned to him

By
Melony Chisanga
-
37
487
THE Anti-Corruption Commission (ACC) says a magistrate cannot compel it to remove financial restrictions on the account belonging to Ndozo lodge proprietor Clint Sichamba because it has no authority to challenge a restriction notice issued by the director general of a law enforcement agency.
 
The graft fighting institution says allowing Sichamaba to use part of the money for his medical expenses whilst his criminal cases are pending determination will amount to reversing the directive of the Commission’s director general to seize the account.
 
This is in a matter where sichamba is jointly charged with his wife eudora nambela, and his son David who are co-directors and shareholders of Mulozi Trading Limited on 15 counts of possessing 140 properties valued at more than k120,520,000 suspected to be proceeds of crime.
 
On January 11, 2023 Sichamba requested the Economic and Financial Crimes court to direct the ACC to release one of his seized bank accounts to enable him access medical attention in a foreign land.
 
The State objected to the application on reasons that only the High Court can grant such an order.
 
It argued that the court was moved under a wrong procedure as the defense filed ordinary summons when section 86 of the Anti-Corruption Commission Act dictates that the court shall be moved by originating summons.
 
When the case resumed yesterday before magistrate Irene Wishimanaga, lawyer representing the accused Willis Muhanga said the application for access to funds cannot be made before the High Court when his client was appearing before the Subordinate Court.
 
He submitted that the State is denying Sichamba his fundamental right to treatment and care which is against the Constitution.
 
“The refusal to have our client attend to medical attention will amount to torture and inhuman treatment which flies in the teeth of Article 15 of the Constitution,”Muhanga said.
 
His other lawyer Jonas Zimba said the director general’s decision can be reviewed by the Magistrates’Court as the Judiciary has the power to scrutinize the exercise of the Executive and the Legislature.
 
“In our case, the decision to prosecute is an executive function and orders of the Court arise as a matter of the judicial function and once such an order is made, the executive or any person is bound by it. The ACC’s application seems to suggest that once the director general makes a decision, the arrangement of jurisdictions remains with him,” said Zimba.
 
ACC prosecutor Edwin Mbewe said the Commission was not against Sichamba’s application to access medical treatment as the debate was in relation to the authority of the court to discharge the restriction notice.
 
He said Sichamba cannot have his account released as transactions were prohibited on the account.
 
“The accused should take the application to the High court, we cannot deny the judiciary to exercise it’s power to supervise the executive, we wish to stress that the thought of jurisdiction to excess judicial powers is not with this court but the high court. We submit that this Court does not have jurisdiction to deal with a restriction notice that has been issued by the director general. This will amount the Court acting outside jurisdiction, the decision will be void,” said Mbewe.
 
Magistrate Wishimanaga adjourned the matter to January 20 for rulling and possible plea.
 
Kalemba January 13, 2023
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