Lusaka High Court judge Mwila Chitabo has refused to step aside for a neutral judge to handle the case in which UPND leaders Hakainde Hichilema and Geoffrey Bwalya Mwamba are challenging the ConCourt’s failure to hear their presidential petition.
The two are accusing Chitabo of being biased and prejudiced against them so they wanted another judge to handle the case.
But Chitabo sitting as the judge and the accused person in his own case refused to recuse himself (step aside).
After repeating the complaint of HH and GBM, Chitabo simply said ‘the petitioners had palpably failed to establish their indictment of bias, animosity, prejudice or other charges’.
He further said “the application fails and it is hereby dismissed,” and that the
the case comes up on 16th May, 2017 at 10:00 hours for setting date for hearing of the respondents notice of intention to raise preliminary issue.”
Obviously no one expected Chitabo to admit that he is biased and lacked impartiality. But the least one could expect was for another judge to hear the complaint against Chitabo. No person can be impartial against himself. It is simply not possible.
The big question is, why is Chitabo so obsessed with this case? What financial benefit is he reaping from this case?
He said HH and GBM can appeal if they wish. Of course they will. Who can expect justice from a person who is so patently partisan and biases against the petitioners?