Lawyer, Sangwa, denied oral submissions, walks out of constitutional court amid Lungu eligibility dispute

Constitutional lawyer, John Sangwa, walked out of the Constitutional Court on Monday after being denied the opportunity to make oral submissions in the case challenging former President Edgar Lungu’s eligibility to contest future elections.

Sangwa, acting as a friend of the court, had argued in his written submission that the Constitutional Court lacked the jurisdiction to determine Lungu’s eligibility, asserting that such a declaration would require nullifying the entire 2021 presidential election.

He further argued that Article 52 of the constitution aims to ensure only qualified candidates participate in presidential elections.

However, the seven-member bench, led by court president Professor Margaret Munalula, rejected Sangwa’s request to present oral submissions, prompting his abrupt departure from the court.

Justice Arnold Shilimi acknowledged that Sangwa’s written submissions were sufficient and would be considered, but Sangwa insisted that he needed more than 24 hours to prepare and that oral submissions were necessary to strengthen his arguments.

The court also ruled that none of the parties could comment on Sangwa’s amicus brief.

Meanwhile, Michael Moono, representing petitioner Michelo Chizombe, maintained that the court had the jurisdiction to revisit Lungu’s eligibility if legal provisions had been overlooked in previous rulings. Moono cited Section 2 of Act No. 2 of 2016, which permits the 1991 constitution to apply during the transition period.

Lungu’s legal team, led by State Counsel Bonaventure Mutale, dismissed the petition as an abuse of court process, arguing that Article 52 allows only a seven-day window to challenge a nomination, and contesting Lungu’s nomination two years later was barred by the principle of res judicata.

Solicitor General Marshal Muchende further argued that, having been twice elected and sworn in under the 1991 constitution, Lungu was constitutionally barred from seeking a third term.

The Court is set to deliver its judgment on December 10.

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