VOCAL lawyer John Sangwa yesterday made his exit in Edgar Lungu’s eligibility case in rage after the Constitutional Court prevented him from debating the former president’s qualification for a third term.
Sangwa had been joined to the proceedings as a friend of the court.
The lawyer who in the past had put up spirited arguments that Lungu was not qualified to contest the 2021 presidential election after he was sworn into office twice, changed goal post arguing that nullifying the former president’s nomination will also affect other candidates who participated in the election, including President Hakainde Hichilema who emerged triumphant.
When the matter came up yesterday before the full bench of the Court constituting of seven judges, Sangwa rose to speak after the parties to the case had argued their points, but he was in for a shock as the Court stopped him in his tracks.
Court president Margaret Munalula guided that the Court would rely on Sangwa’s written opinion about the implications of declaring Lungu ineligible to contest the last election and future elections.
“We are satisfied with your submissions which are very clear, We do not need you to make further clarifications. We will put them into consideration,” she said.
Sangwa attempted to argue that, the Court had given him 24 hours to make submissions and he indicated in his brief that he would make oral submissions at the hearing.
His participation in the matter was however declared unwelcome by the Court.
Court vice president Arnold Shilimi reminded him that he did not indicate in his submission that he would address the Court viva voce as he indicated that he would only do so when need arises.
“It is the position of the court that your submissions are very clear. They will be taken into consideration,”he said.
“You recall that you yourself came about 24 hours to make an application as a friend of the court and the court was gracious enough to grant you permission. So, we will take consideration of the brief that you submitted.”
Sangwa retreated from the legal debate and asked the Court to allow him take his leave on reasons that; he had no business to sit in Court since he had been denied the opportunity to support his arguments that Lungu is qualified to contest future elections.
“I was of the impression that I would be given time to make submissions, may I have the Court’s permission to excuse myself from the proceedings,” he said.
Judge Munalula granted him permission to leave the room.
“You are excused from the proceedings. We thank you for your submissions,” she said.
Sangwa packed his thick heavy files and walked out on the Court in annoyance.
In this matter Michelo Chizombe is questioning Lungu’s qualifications for his second bid at third term in the 2026 election, after being sworn in twice as president.
By Mwaka Ndawa
Kalemba October 8, 2024.