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Zambia’s Attorney-General asks court to set aside judgment allowing ex-President Lungu contest elections

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Zambia’s Attorney-General, Mulilo Kabesha has asked the Constitutional Court to set aside its judgement declaring that ex-President Edgar Lungu is eligible to contest future elections, having already served twice in office.

The court, in two separate rulings in 2018 and 2021, had declared that Lungu was eligible to contest the presidential elections, arguing that the period between 2015 and 2016 which had been cited as part of his presidency did not constitute a full term as it was an inherited term, following the death of President Michael Sata.

But in October, a citizen, Michelo Chizombe had petitioned the court to revisit its ruling by declaring that the Electoral Commission of Zambia (ECZ) had contravened the constitution when it accepted Lungu’s nomination papers and included him on the ballot for the next presidential election.

Chizombe had further sought a declaration that Lungu was not eligible to contest a presidential election under the current constitution, arguing that ECZ had contravened the Republican constitution when it accepted Lungu’s nomination papers.

In his answer to Chizombe’s petition, Kabesha noted that article 106 of Act no. 2 of 2016 did not have retrospective effect, adding that Article 106(3) was a constitutional prohibition and limitation clause, and therefore, also prevailed over the substance of article 106 (6), to the extent that its provisions conflict with article 106(3).

“It must be indicated that, since the former is a positive constitutional prohibition and it definitely supersedes the provisions contained in the latter, and as such, the dictates of Article 106(3) will be enforced as if the conflicting substance of article 106(6) does not exist,” the A-G said.

He then urged the court to review its judgement to protect the fundamentals of constitutionalism.

“The third respondent will aver at trial that this court should vacate its decision in the case of Legal Resources Foundation Limited, Dr Sishuwa Sishuwa and Chapter One Foundation Limited vs ECL and AG, :2021/ccz/ 0023 ,2021/c”/0027,” he said.

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Zambia: Farmers’ union warns of uncertain future for agriculture sector

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The Small-Scale Farmers Development Agency (SAFADA) of Zambia has warned of uncertainty on the future of the agricultural sector, stating that its outlook over the next 25 years remains uncertain and gloomy.

The Executive Director of SAFADA, Boyd Moobwe, who raised the concerns in a telephone interview with Zambia Monitor on Saturday, expressed regrets that the agric sector was facing critical challenges that could hinder its contribution to the country’s Gross Domestic Product (GDP) and overall economic growth by 2030.

Moobwe admitted that the rapid changes in agriculture due to new technologies and innovations, has been slow amid the inconsistent implementation of these advancements which raises questions about the sector’s ability to survive amidst the growing threats of climate change, political instability, and economic difficulties.

The SAFADA Director pointed out that many of the problems plaguing agriculture were self-inflicted.

“The current measures for agricultural and rural financing are inadequate due to poor data analysis and utilisation,” Moobwe said.

Agriculture, he said, “had the potential to revive the economy if proper policies were introduced and if small-scale farmers were fully involved in planning and implementing agricultural projects.”

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Nigeria: CSO urges President Tinubu to investigate missing funds in Humanitarian Ministry

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A Nigerian civil society organization, the Socio-Economic Rights and Accountability Project (SERAP), has called on President Bola Tinubu to launch an investigation into the over N57 billion that allegedly went missing in the Ministry of Humanitarian Affairs and Poverty Alleviation in 2021.

The organisation, in a statement on Sunday, urged the president to direct the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, as well as other anti-corruption agencies to commence a probe into the allegations without delay.

In the letter issued by SERAP’s Deputy Director, Kolawole Oluwadare and addressed to President Tinubu, the group warned against sweeping the allegations under the carpet as the Nigerian public has a right to know what happened to their money.

“The allegations amount to stealing from the poor. There is a legitimate public interest in ensuring justice and accountability for these grave allegations,” the watch dog group said.

“The allegations also suggest a grave violation of the public trust, the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation, and international anticorruption obligations.

“Hundreds of billions of naira are also reportedly missing in other Ministries, Departments and Agencies (MDAs).

“Poor Nigerians have continued to pay the price for the widespread and grand corruption in the Federal Ministry of Humanitarian Affairs and Poverty Alleviations and other Ministries, Departments and Agencies (MDAs).

“According to the 2021 annual audited report by the Office of the Auditor-General of the Federation, the Federal Ministry of Humanitarian Affairs and Poverty Alleviation, (the ministry) in 2021 failed to account for over N54 billion meant to pay monthly stipends to Batch C1 N-Power volunteers and non-graduate trainees between August and December 2021.

“The money was not directly paid to the beneficiaries. The Auditor-General is concerned that the money may have been diverted. He wants the money recovered and remitted to the treasury. He also wants suspected perpetrators of the diversion to be sanctioned in line with the Financial Regulations.

“The ministry reportedly failed to account for over N2.6 billion of public funds meant for the home-grown school feeding programme during Covid-19, as the programme was never executed. The money was allegedly paid to five contractors to procure, package and distribute Covid-19 palliatives to Kano, Zamfara and Abia states, but without any trace.

“The ministry also reportedly spent over N78 million to carry out a survey on the ministry’s Covid-19 response to states and vulnerable groups but without any approval or document.

“The ministry also reportedly failed to account for N400 million meant to pay stipends to 4,450 independent monitors for October, November, and December 2021.

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.

“SERAP urges you to immediately enforce the judgment by Hon. Justice Deinde Isaac Dipeolu of the Federal High Court, Lagos, ordering your government to release the spending details of N729 billion by Mrs Sadia Umar-Farouk, the former Minister of Humanitarian Affairs, Disasters Management and Social Development,” SERAP warned.

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