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Plot thickens on Lungu, as court receives petition to declare ex-President ineligible to contest future elections

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The Constitutional Court has been petitioned to declare former President Edgar Lungu, ineligible to contest future elections.

A youth activist, Michelo Chizombe, on Monday petitioned the Constitutional Court to declare Lungu not eligible to seek Presidential Office for a third term.

He cited Lungu, Electoral Commission of Zambia and the Attorney-General as respondents in the matter.

Read more: Ex-President Lungu challenges order directing prior permission from govt before international travels

This is the third time the Constitutional Court is been moved to address itself on whether Lungu was qualified to be on the Presidential ballot or not.

In 2018 and 2021, the Constitutional Court declared the ex-Patriotic Front (PF) party leader eligible to contest the elections and said the period 2015 to 2016 did not constitute a full term as it was an inherited term, following the death of President Michael Sata.

But Chizombe has asked the Court to revisit its ruling by declaration that the Electoral Commission of Zambia (ECZ) contravened the Republican constitution when it accepted Lungu’s nomination papers and include him on the ballot.

He further seeks a declaration that the respondent (Lungu) is not eligible to contest a presidential election under the current Constitution as read with the now repealed 1991 Constitution (as amended).

The petitioner has asked the Court to give an interpretation as to whether section 7 and section 2 of Act no. 1 of 2016 had the effect of saving Article 35 of the 1991 Constitution (as amended) in regard to Lungu’s Presidential term between January 25 ,2015 and September 13, 2016.

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