FORMER Kabushi PF member of parliament Bowman Lusambo has appealed to the Constitutional Court against the nullification of his parliamentary seat.
In a notice of appeal filed in the Constitutional Court registry, Lusambo who is also former Lusaka Province minister, has appealed against the whole judge delivered by Ndola-based judge Edward Musona last Friday.
Losing UPND candidate Bernard Kanengo successfully petitioned Lusambo’s seat in the Ndola High Court.
Lusambo has advanced four grounds while other grounds will follow later.
He has argued that judge Musona erred in law and in fact when he held that the reported violence in four out of eight wards amounted to widespread violence while acknowledging that Lusambo may only have been present at two occasions when violence was alleged to have been perpetrated.
Lusambo submitted that judge Musona also erred in law and in fact when he shifted the burden of proof to him when he held that the failure to show that he attempted to stop the violence meant that he consented to it or acknowledge the violence.
“The trial court erred in law and in fact when he held that the majority of the voters were or may have been prevented from voting for a candidate of their choice,” he added.
Lusambo further submitted that the judge erred in law and fact when he held that the clenched fist was used as a symbol for the Patriotic Front party.
Judge Musona nullified the seat on grounds that there was widespread violence in Kabushi and that Lusambo did not disassociate himself from his militia group known as ‘The Nati Forces’ which was attacking the electorates.
Judge Musona said before nullifying the seat that he was satisfied that Lusambo had knowledge of violence, saying that his defence that he was not in Ndola when the violence episodes were recorded cannot stand.
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