By PERPETUAL SICHIKWENKWE –
FORMER Republican president Rupiah Banda is no longer facing court prosecution and his legal immunity has since been restored following a verdict by the Lusaka High Court yesterday.
The court quashed the decision by the Director of Public Prosecutions (DPP) to prosecute Mr Banda of abuse of authority and corrupt practices.
This was also because the proceedings were commenced on the basis of an illegal decision by the National Assembly to strip him of his immunity in March 2013.
“The decision to have Mr Banda prosecuted should be rendered null and void, because it was commenced after an illegal action to strip off his immunity,” the consent order stated in part.
A consent order was entered by the State and Mr Banda’s lawyers, which was subsequently signed by Lusaka High Court Judge Annie Sitali yesterday.
Ms Justice Sitali ordered that Mr Banda having been prosecuted and subsequently acquitted, has his immunity restored.
After his immunity was removed in March 2013, Mr Banda challenged the decision in the Lusaka High Court, questioning its legality as he was not accorded an opportunity to be heard.
Ms Justice Sitali granted Mr Banda leave to apply for judicial review to challenge the National Assembly’s decision on grounds that it was illegal.
She, however, declined that the leave operated as a stay of the removal of the immunity.
Following the lifting of his immunity, Mr Banda was arrested and charged with abuse of authority and corruption among them, the Government-to-Government oil deal with Nigeria, but he was acquitted of the charge by the Lusaka Magistrates’ Court.
The other case was referred to the Lusaka High Court for the determination of constitutional issues.
However, while the State appealed against Ms Justice Sitali’s decision to grant the former Head of State leave, Mr Banda on the other hand filed a cross appeal, challenging Ms justice Sitali’s decision not to allow the leave she granted him to operate as a stay of the National Assembly’s decision to strip him of his immunity.
Last year, the Supreme Court ordered the withdrawal of the appeals by the State and Mr Banda, after the two parties entered a consent judgment to withdraw the appeals.
When the main matter came up for hearing in the Lusaka High Court, the State and Mr Banda’s lawyers informed the court that the parties intended to enter a consent judgment.
On Monday last week,  a consent order was filed before Ms Justice Sitali requesting her to quash the decision of the DPP to prosecute Mr Banda for the offence of corruption and cancelling gratification, which they stated did not form part of any allegations tabled before the National Assembly prior to the removal of his immunity.