Court issues arrest warranty against DPP Nchito

Through president Edgar Lungu, Rupiah Banda has ordered the arrest of DPP Mutembo Nchito as part of the efforts that will start dismantling the Fred Mmembe cartel. Mmembe will also soon face arrest for charges relating to Zambian Railways.

Nchito faces a number of  counts for various criminal offences as follows:

First Count:
Statement of Offence Abuse of authority of office, contrary to section 99(1) of the Penal Code Cap 87 of the Laws of Zambia
Particulars of offence Mutembo Nchito, on the 13th March, 2012 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia being employed in the Public Service namely the Government of the Republic of Zambia as Director of Public Prosecutions did abuse the authority of office by entering a nolle prosequi in a matter involving Shubert Sinkala in which you had not even seen the evidence from the complainant Lewis Chisanga Mosho, an act arbitrary and prejudicial to the rights and interests of the said Lewis Chisanga Mosho and the Government of the Republic of Zambia respectively.
Second Count Statement of Offence
Procuring execution of document by false pretences, contrary to Section 354 of the Penal Code Cap 87 of the Laws of Zambia.
Particulars of Offence Mutembo Nchito, on dates unknown but in or about January, 2011 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia by false and fraudulent representation as to the nature, content and operation of a document did procure the execution of a document namely an Order of Court under Cause Number 1998/HP/2097 before Supreme Court Judge Gregory S. Phiri, as High Court Judge then whereby the Judge was caused to erroneously sign the said Court Order.
Third Count Statement of Offence:
Uttering a false document, contrary to section 352 of the Penal Code Cap 87 of the Laws of Zambia
Particulars of Offence: Mutembo Nchito, on dates unknown but in or about January, 2011 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia knowingly and fraudulently did utter a Court Order procured by means of false and fraudulent representation to Supreme Court Judge Gregory S. Phiri sitting at Lusaka as High Court Judge then.
Fourth Count: Statement of Offence
Fraudulent contracting of debt, contrary to section 357 of the Companies Act Cap 388 of the Laws of Zambia
Particulars of Offence Mutembo Nchito, on dates unknown but between 1st January, 2008 and 31st December, 2009 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia as Chief Executive Officer of Zambian Airways, was party to the contracting of a debt by Zambian Airways knowing or having reason to believe that, at the time the debt was being contracted, you had no reasonable or probable ground of expectation of the company’s ability to pay the said debt to the Development Bank of Zambia and other Creditors.

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