LUSAKA High Court judge Mwila Chitabo has refused to recuse himself from handling a presidential petition where UPND leader Hakainde Hichilema wants the court to determine whether his rights to be heard were violated.
Hichilema and his vice Geoffrey Bwalya Mwamba [GBM] had asked judge Chitabo to recuse himself for alleged bias.
In his ruling on Monday, judge Chitabo said he would be in charge and in control of the proceedings.
He has since set May 16, as a day to hear Attorney General Likando Kalaluka’s notice of intention to raise a preliminary issue that the petition was already heard therefore should not be heard.
Judge Chitabo said the guns that had been turned on him by Hichilema and GBM should have been directed at the highest institution of the judiciary constituting the office of the Chief Justice.
On the foregoing and in conclusion, I hold that the petitioners have palpably failed to establish their indictment of bias, animosity, prejudice or other charges. The application fails and it is hereby dismissed,
judge Chitabo said.
He said he had microscopically dissected, analysed the allegations and found no basis to sustain even remotely the charge of bias.
Judge Chitabo said all the allegations against him did not hold merit as he did not need a judicial inquiry for him to comprehend what was happening as he witnessed part of the intimidatory drama by the UPND supporters.