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The Economic and Financial Crimes Court has dismissed an application by former First Lady Esther Lungu to halt the forfeiture of her 15 double-storey flats, valued at K66 million, to the State.
The court’s decision comes as she awaits the outcome of her appeal at the Court of Appeal.
A panel of Justices Pixie Yangailo, Ian Mabbolobbolo, and Vincent Siloka ruled that Esther Lungu failed to provide sufficient grounds or special circumstances to justify staying the enforcement of the court’s earlier judgment, issued on September 27, 2024.
The court emphasized the legal principle that successful litigants are entitled to the immediate benefits of their judgments.
It further explained that a stay of execution was only granted when the applicant demonstrated irreparable harm, unique circumstances, or risks of rendering the appeal meaningless.
Esther Lungu argued that without the stay, her ongoing appeal would lose its relevance since the forfeiture would have already been enforced.
She also claimed her appeal raised critical constitutional issues, particularly her right to property and alleged deviations from legal precedents.
However, the court found her arguments insufficient. It concluded that her appeal lacked strong prospects of success and did not present the exceptional circumstances required for a stay of execution.
“The affidavit evidence presented does not disclose any compelling grounds that meet the threshold for granting a stay,” the court stated.
Additionally, the judges dismissed her argument on the burden of proof, noting that the forfeiture was non-conviction-based.
They deemed the legal provisions cited by her counsel irrelevant to the case.
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