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Miyanda withdraws from Lungu eligibility case

BRIGADIER General Godfrey Miyanda has withdrawn his motion before the Constitutional Court in which he sought a declaration that President Edgar Lungu breached the Oath of Office when he threatened judges handling the eligibility case.

And Brig Gen Miyanda has also withdrawn another motion in which he was seeking that the case in which Dan Pule and three others want the court to interpret whether President Lungu is eligible to contest the 2021 Presidential elections be dismissed and has also withdrawn from being part of the proceedings.
When the case was called for hearing of Brig Gen Miyanda’s two motions, he told the court that since the last sitting [on Tuesday], there had been consultations and developments concerning the case and asked Attorney General Likando Kalaluka to address the court.

Kalaluka said after the court rose on Tuesday, the parties decided to sit down and see if they could resolve some of the motions before court and that after consultations, Brig Gen Miyanda agreed to withdraw the two motions which were scheduled for hearing yesterday morning.

The parties, apart from UPND lawyers who were not present, confirmed the position.
And Kalaluka said Brig Gen Miyanda would also like to withdraw from the proceedings and that it was agreed that there should be no order for costs.
Ruling on the application, ConCourt president  judge Hildah Chibomba, sitting with judges Anne Sitali, Mungeni Mulenga, Palan Mulonda and Professor Margaret Munalula allowed the withdrawal and ordered no costs as parties agreed in the consent.

And the Constitutional Court also allowed the State to withdraw their application which was challenging the competency of the motion Brig Gen Miyanda filed, seeking declarations, among them that President Lungu breached his Oath of Office after he was accused of threatening judges.
The State applied to withdraw the preliminary issues after Brig Gen Miyanda withdrew from the proceedings, saying it had been overtaken by events.
“The position of the State is that such a ruling has been overtaken by events in the sense that even assuming that this court were to rule that the motion by the then 3rd interested party was competent, the fact that the then 3rd interested party is no longer a party to the proceedings means that there will be no party to prosecute such a motion,” Kalaluka said.

The court also ruled that since Brig Gen Miyanda had withdrawn from the proceedings, automatically, his motion fell off.
Meanwhile, judge Chibomba said the court would deliver its ruling on the application by Pule and others that the case be heard by a full bench consisting of all the seven Constitutional Court judges and adjourned the matter to a date to be announced.

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