Power and Politics

Constitutional Court has powers to reverse itself on ex-President Lungu —Attorney-General

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Attorney-General, Mulilo Kabesha, has submitted to the Constitutional Court that the apex Court has the jurisdiction to vacate its decision in which former President Edgar Lungu was declared eligible for the 2021 elections .

In opposing the notice of motion filed by Lungu in which he stated the matter challenging his eligibility to contest future elections had already been adjucated upon, thus res judicata, Kabesha argued the court could still overrule its earlier decision.

Read more: Ex-President Lungu urges court to dismiss petition against him as abuse of processes

Kabesha cited authorities, such as Corporation Attorney-General, the Supreme Court overruled its previous decision.

“Based on the above holding, it follows, therefore, that this court being the apex Court when it comes to Constitutional matters, it also has jurisdiction to review and overrule its previous decisions,” he contended.

This is in a matter a Lusaka resident Michelo Chizombe petitiioned the Constitutional Court to declare Lungu ineligible to contest future elections.

Lungu, however, had raised Preliminary concerns and argued that the issues in the petition had already been ruled upon.

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