By Daily Revelation Reporter
Former president Edgar Lungu has directed his lawyers, Makebi Zulu Advocates and Ellis & Company, to challenge the decision by the to bar him from contesting future elections, arguing that they grossly misdirected itself.
In a media statement issued by PF secretary general Raphael Nakachinda, Lungu would file a fresh petition to the Constitution Court to challenge its ruling delivered today that he is not eligible to participate in the 2026 general elections.
“President Lungu has directed his lawyers, Makebi Zulu Advocates and Ellis & Company, to pursue the challenge as the Constitutional Court grossly misdirected itself,” Nakachinda stated. “He has stated that having expunged the prayer to declare the Legal Resources Foundation matter that has made the court to rule on matters that were no longer part of the record and proceedings.”
He argued that based on the same, Lungu had been denied an opportunity to effectively be heard on the issue to declare the Constitutional Court’s earlier judgments to be overturned.
“It is important to determine the fact that rendered him eligible to stand in 2021. President Lungu holds the view that the Court did not state any special circumstances necessitating the departure from the courts position on the Legal Resources Foundation case,” Nakachinda stated.
He argued that the dissenting judgment in the Legal Resources Foundation which the court effectively adopted was part of the court’s decision, and argued that no issues were raised that could be said to have been unresolved.
Lungu further argued that there was no provision for the ConCourt to revisit its own decisions in the same manner as the Supreme Court, and therefore the ConCourt decision remained unconstitutional as it provided that the court was bound by its own decisions.
He argued that while the court ruled that his participation in the 2021 elections was based on an error on the part of the court, the same failed to pronounce itself on the legality of the said election.
“The Court was expected to nullify such an election. The Court overturned its earlier judgements, stating that they were wrong judgments of the court but failed to determine the eligibility of such an election. We have expressed deep concerns regarding the independence and autonomy of the Judiciary and has shown by the events leading to this matter and its eventual judgment, the status of the Judiciary remains our primary concerns,” argued Nakachinda. “If he was eligible to have participated in the 2021 presidential elections, he would definitely be eligible to participate in the 2026 elections.”
