.Banda

By DELPHINE ZULU –

FORMER Republican President Rupiah Banda has been acquitted by the Lusaka Magistrate’s Court on grounds that evidence by the State was characterised with gross inconsistencies.
Mr Banda said amid sobs, “Nazuzika neo”, meaning I have suffered. He also urged Zambians to love one another and stop venting hatred on former Presidents and others leaving office.
Magistrate Joshua Banda who read the ruling for more than one hour, in a packed court room said the prosecution failed to prove the ingredients of abuse of authority of office in the matter, especially where Mr Banda allegedly issued instructions to his son Henry to divert the proceeds of the deal.

MR Banda said the evidence by the State was discredited as manifested in the record thereby rendering discretion of duty on their part which could not proceed to his imprisonment if a tribunal was to be constituted against the accused.
Banda, 75 was alleged to have procured US$2.5 million government-to-government oil contract with Nigeria in the name of the Republic of Zambia which he intended to benefit himself and his family.
Mr Banda said there was also serious evidence lacking many answers on whether truly the deal was on government-to-government basis because there was no one from the Nigerian Government called to confirm or prove the exchange of documented signatures.
“I have analysed the evidence and in conclusion, Iam satisfied that the State’s evidence laid before the Court is not sufficient enough to warrant me to place the accused on his defense, the case is therefore dismissed, the consequences of this is that the accused is accordingly acquitted,” he said.
He said the evidence by the investigations officer Friday Tembo was inaccurate and unfurnished as it left a lot of uncollaborated evidence such as lack of evidence on whether the said contract was signed or not and by who as well as conflicting himself where he obtained some of the documents he produced in court.
He said the oil deal was said to have benefited the former president’s family and yet the prosecution failed to bring evidence to show that his son Henry obtained the money as what was brought were mere signatures which had no evidence that he received the money and shared with the entire family.
He said there was also no proof to indicate Mr Banda had breached the standard of procedure as he was not arranging the deal alone but by his former Ministers and the Nigerian Government leaving doubt on the role of the two Ministries of Mines in both countries.
The former president said having been a leader of the country before, he was happy that he had been acquitted and thanked all his lawyers and supporters for standing by his side during the trial.
“All this was aimed at punishing me, analyse the ruling, just want to ask everyone to take this matter seriously as a lesson to us Zambians and stop venting hatred  on past leaders, you don’t respond to hatred with hatred, love can bring massive economic development,” he said.
His lawyers, Lubinda Linyama, Makebie Zulu, Sakwiba Sikota, Professor Patrick Mvunga, Steven Lungu, Jonas Zimba expressed satisfaction with the outcome of the ruling and that their client had been cleared of his criminal offence and no one should align him to that.