. Luo
By DELPHINE ZULU –
THE High Court has thrown out an application by Patriotic Front (PF) Munali Member of Parliament (MP) Nkandu Luo to stay the election petition judgment that nullified her seat.
Ndola High Court Judge Edward Musona refused to grant Professor Luo an application to stay the judgment yesterday when the matter came up for hearing.
Mr Justice Musona had earlier stayed the execution of judgment in which the Munali MP’s election petition was nullified.
“There is an appeal pending in this matter by the applicant. For now let her exhaust her appeal. The application for a stay is, therefore, denied,” he said.
In her appeal, Prof Luo said Judge Musona erred in law and facts when he held that the election in the area was not held on a level playing field because she was a Cabinet minister and abused Government resources in her campaigns.
That the judge misdirected himself in the interpretation of the case of Steven Katuka on the issue of ministers abusing Government resources and its effective date.
She further argued that the judge misdirected himself on the findings on the news of attacks on the UPND bus reported in the media and spread throughout Munali as it was not supported by any evidence.
The learned Judge erred at law and facts when he placed on the appellant the burden of proving that she had not used a Government vehicle or driver in her campaigns.
He further misdirected himself when he held that the illegal or unfair practices committed by the respondents affected the outcome of the election.
And that he failed to take into account the evidence of the appellant that she had been refused entry into Vera Chiluba polling station.
Prof Luo said the judge erred at law and facts when he held that the majority of voters in the constituency were prevented from electing a preferred candidate by reason of events which occurred, a finding which was unsupported by relevant evidence.
Also that he erred when he found that both the PF and UPND had engaged in acts of violence but that the PF far outweighed that of the UPND, a finding which was also unsupported.
