FORMER Deputy Minister of Finance Newton Ng’uni has appealed to the Supreme Court against the ruling of the High Court to remove acting President Guy Scott and Minister of Justice Edgar Lungu from court proceedings and striking out of information considered “State secrets” from affidavits.
Mr Ng’uni said the court erred in both law and fact when it ruled that Dr Scott and Mr Lungu will be affected by the decision of the court but went on to order misjoinder in respect of them, thereby denying them the right to be heard.
This is according to a memorandum of appeal filed in the Supreme Court on Monday.
This is in the matter in which Mr Ng’uni sued Dr Scott, Mr Lungu and Attorney General Musa Mwenye over the transfer of instruments of power from the Minister of Justice to the Vice-President.
He said the learned judge misdirected herself both in law and fact when she upheld Attorney General Musa Mwenye arguments that the affidavit of Mr Lungu would be rendered nugatory even after he had been misjoined.
Mr Ng’uni said the judge misdirected herself when she based her rulling on previous jurisdiction whose circumstances and facts were distinguishable from this case. “The learned judge erred in law and fact by expunging the paragraphs on account of them having offended section 5 of the State Security Act when there was no evidence or thing on record to that effect,” he said.
Recently, Lusaka High Court judge Mungeni Mulenga ruled that Dr Scott and Mr Lungu should not be part of the court proceeding following application by the Attorney General to remove them.
The attorney general also requested the court to expunge the information considered State secrets from affidavits in court records.