The decision by the ACC to appeal the acquittal of former president Rupiah Banda smacks of serious politicking and manipulation as it is illegal and totally untenable.
It is curious that the ACC could publicly declare and announce correspondence to the Director of Pubic Prosecutions who, according to Article 56 of the Constitution, is not amenable to any direction including that of the President, least of all the ACC.
In other words nobody can direct the DPP to appeal or not appeal a matter. Therefore any attempt by any individual or institution is against the constitution of this country. It is therefore shocking that one of our strongest pillars of governance should disregard the law with impunity.
It is equally startling that the announcement should be made four months after the decision by the courts acquitting Mr. Banda. The law allows an appeal within 30 days of judgment.
What is going on at the ACC, what has happened, what has moved the ACC to make these monumental public blunders?
In our estimation these are not blunders. These are deliberate provocative and ill-timed manoeuvers that go a long way in re-enforcing the statement by President Edgar Lungu that some corruption prosecutions are manipulated.
This is a typical case where a political case is being highlighted at a sensitive time when the contracts of senior office bearers at the institution have come to an end and any movement would be seen as a form of victimization against such office holders.
The President in his address on radio clearly stated that the Anti-Corruption crusade had been manipulated to victimize individuals many of them innocent whose lives have been destroyed and some tragically lost their lives.
This is a mischief that must be dealt with in the strongest possible terms because it compromises the work, function and ability of the institution to undertake investigations in the most impartial, effective manner possible.
It is ironical that the ACC has never, ever spoken about, nor instituted investigations into the oil procurement from Trafigura. The whole nation was witness to a transaction in which the fuel was purchased at twice the market price and to date no explanation has been offered.
Why this matter has not been investigated to its finality to enable the country recover the excess payment is unclear.
Purely as a matter of comparison the matter involved in the Trafigura scandal is worth almost 300 times more than the amount on which the former president was arrested and prosecuted.
It would stand to reason and logic that Trafigura should have received priority attention by the ACC instead of pursuing Mr. Rupiah Banda.
Besides since the new Nigerian president General Buhari came into office in Nigeria, the extent of oil malfeances runs into billions if not trillions of dollars, paling into total insignificance the paltry figures involved in the RB case.
President Buhari has decided to become the minister of oil to rectify the malaise.
It is common knowledge that Zambians who started the RB oil matter, who publicized the investigations, invited and quoted bogus Nigerian civil society institutions to prejudice and sub judice case.
These are matters of public record, that the ACC can today play into this intrigue leaves it wide open to accusations of being manipulated by those who launched and sadly failed in their political vendetta against RB.