By 
Attorney General, Mulilo Kabesha, has argued that former President Edgar Lungu was legitimately in office during the 2016 election petition, countering claims of constitutional violations.
The Constitutional Court is reviewing a petition filed by Lusaka resident Nkulukusa Kalusa, who contends that Lungu and his Vice President, Inonge Wina, breached constitutional provisions by failing to hand over executive powers to the Speaker of the National Assembly during the petition period, as stipulated in Article 104(3) of the Constitution.
Kalusa asserts that Lungu’s continued exercise of presidential powers during this period was unlawful.
In response, Kabesha argued that there was no constitutional breach, stating, “The Constitution does not require an incumbent president to hand over power to the Speaker during a presidential petition challenging the results of the initial ballot.”
He further asked the court to dismiss the petition, asserting that Lungu and Wina were lawfully sworn in under the supervision of the late Chief Justice Ireen Mambilima.
Kabesha also noted that the petitioner had not provided any factual evidence to substantiate the allegations.
The Constitutional Court is yet to deliver its ruling.
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