Embattled former President Rupiah Banda has asked the Lusaka High court to nullify the decision by parliament to remove his immunity from prosecution.
Mr Banda challenges that the decision by the Speaker Dr Patrick Matibini to hear a motion moved by Justice Minister Wynter Kabimba despite a petition submitted in court was illegal and irregular.
He said that he had already petitioned the matter before parliament moved the motion to stripe his immunity and that the action by parliament was unreasonable and in excess of the jurisdiction of the national assembly and it should therefore be quashed.
The former President contends that the decision by Dr Matibini on March 15, 2013 to proceed to hear the motion despite a petition under cause number 2013/HP/323 having been filed in the high court was illegal and irregular, this is according to the originating notice of motion for an order of certiorari filed on Tuesday.
“The decision of the Nation Assembly of Zambia to resolve that the applicant may be charged with any criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done or omitted to be done by him regardless whether such offence or allegation was included in the category of fences presented by the motion is illegal and in excess of the jurisdiction of the national assembly” read the notice.
The former head of state also said that the decision to proceed and remove his immunity on a simple majority of 80 out of 158 members of the house was also illegal and irregular and it should be trashed.
He further said that the decision of the National Assembly to deny him an opportunity to be heard and adopt a summary procedure prior to resolving that he was amenable to the jurisdiction of any Criminal Court was contrary to the principle of the audi alteram partem and therefore it was illegal and irregular.
“The decision of the national assembly to move the motion without due and proper inquiry as to whether the allegations presented on grounds constituted acts performed in my personal or official capacity was illegal and irregular,” he said.
The notice was filled by his lawyers Shamwana and company, Mvunga and associates, Eric Silwamba and company, Central Chambers and George Kunda and Company.