– You are free to go home but you can be arrested again anytime, judge tells HH.
The PF controlled DPP has has entered a nolle proseque in a matter in which the UPND President Hakainde Hichilema and his co-accused were charged with treason.
A nolle literally means the state is unwilling to prosecute but could arrest the victim again.
HH was arrested for refusing to recognise Jonathan Lungu following fraudulent elections last year but Lungu cooked up treason charges against him.
When the matter came up for commencement of trail this morning, the DPP informed the court that she had decided to enter a nolle.
“At this juncture I would like to inform the honorable court that I am entering a molle prosequi in respect of all the accused persons before you having regard to Cap 187 of the Constitution of the Republic of Zambia.
Article 180, paragraph seven of the laws of Zambia, Siyunyi said.
Before HH’s lawyers could respond, judge Charles Chanda said; “The DPP has decided to terminate these proceedings by virtue of her constitution power. Therefore, you are hereby discharged from this offense. But this is not an acquittal as at any time, you can be arrested for this offense but for now you are free to go home.”