Magistrate Mwale is expected to rule as to whether Mr. Nchito who is alleged to have committed among other offenses Abuse of Authority of Office, Contempt of court, Procuring execution of documents by false pretences and Conspiracy to defeat justice, can enter a nolle prosequi in his own case or not.
When this matter came up for mention and taking of plea on Friday the 20th of February 2015, in his argument for entering the nolle prosequi, Mr. Nchito told the court that he has been forced to use the powers vested in him under the constitution to stop the criminal proceedings against him because he does not think the due process of the law has been followed.
Mr. Nchito contended that he cannot be prosecuted on charges that have not been investigated and on which a signed charge sheet has not been drawn out.
But in response to Mr. Nchito’s decision, Magistrate Mwale who had earlier ruled that the DPP takes plea despite him retaining his constitutional powers allowed the prosecution team representing former Finance Deputy Minister, Newton Ng’uni who is the complainant in this matter to be heard.
Magistrate Mwale ruled that this is because the matter at hand is unprecedented and therefore the prosecution team had to be heard.
In their submissions, the prosecution team which compromised lawyers from Makebi Zulu Advocates, PNP Advocates and Keith Mweemba Advocates contended that by entering a nolle prosequi in a matter he is facing alleged criminal charges, Mr. Nchito is in fact abusing his Authority as DPP.
The prosecution team argued that it is also against law of natural justice for Mr. Nchito to enter a nolle prosequi with respect to himself, adding that there is no provision in the country’s constitution that protects the DPP from prosecution.
Magistrate Mwale then adjourned the matter to tomorrow the 2nd March to enable him study what was been submitted before making ruling.