Witness Contradicts Zambia’s Accusations against Former President Banda, says Amsterdam
14 August 2013
Recent witness testimony from the trial against former President of Zambia Rupiah Banda demonstrates the political motivations driving the case and unlawful conduct on behalf of the government, says international lawyer Robert Amsterdam.
“Not only is the state seeking to manufacture a blatantly false charge against the former head of state, but they are illegally pressuring and parading witnesses in order to do so,” said Amsterdam, who represents the former head of state.
“The state’s biased handling of these cases demonstrates the persecutory nature of the proceedings.
They are not focused on the law, but rather maintaining power while the PF government completes its assault on the judiciary and legislature to return Zambia to a one-party state.”
The Zambian government’s controversial handling of two separate trials against former President Banda have been mired with irregularities, including three separate instances of the PF government ignoring court orders allowing the defendant the right to travel to regional conferences.
Other areas of the judicial system are also under attack in recent weeks, as the Supreme Court has been instrumentalised to intervene in by-elections by issuing mysterious press releases.
This week the state’s witness Mr. Akpan Ekpene, a Nigerian businessman and managing director of SARB Energy Limited, was called by the Director of Public Prosecutions Mutembo Nchito.
In his testimony, Mr. Ekpene said that he saw nothing unlawful about donating campaign funds to the then-ruling party Movement for Multiparty Democracy, emphasizing that the donations were collected from well wishers in Nigeria.
During an earlier parliamentary hearing to strip former President Banda’s immunity, Justice Minister Wynter Kabimba alleged that the former government had paid $2.5 million to SARB from which former President Banda and his family derived benefit.
However on the witness stand, Mr. Ekpene firmly denied that such transaction had been made, stating that it was, in fact, SARB Energy that paid the sum of $2.5 million to the Nigerian National Petroleum Corporation as a normal deposit to secure a government-to-government oil contract.
The witness further stated that once the contract commenced the $2.5 million was refunded to SARB Energy. Mr. Ekpene went on to explain that the lifting of the crude oil only commenced at the end of September 2011, after President Banda had left office.
“The state’s case is falling apart before Nchito’s eyes – not only is there zero evidence of wrongdoing on behalf of former President Banda, they have even been shown to have removed immunity under false pretenses,” said Amsterdam.
“As a last resort, they are attempting to invent a crime that does not exist by claiming campaign fundraising is somehow illegal.”
Under cross-examination, Mr. Ekpene acknowledged that DPP Nchito personally visited him for a meeting in Nigeria in May 2013, after the trial had commenced, a fact which was denied by Maj. Richard Kachingwe.
Mr. Ekpene further stated that Nchito had promised him that if he came to testify in this case, he would be able to clear his and his company ‘s names. Senior official in the Zambian Ministry of Energy and Water Development further stated that once the legal issues had been concluded the new government would be able to revisit the transaction with his company.
During his testimony today, Mr. Ekpene broke down in tears saying that he was “being paraded” in that manner in court, commenting, “I am not testifying because I am hurt, I have high regard for that man and how I wished he had won elections because I would not be standing here and he would not be sitting over there in the dock.”
Amsterdam responds: “The fact that the DPP himself – instead of a prosecutor or an investigator from the Government Joint Investigations Team (GJIT) – personally flew to Nigeria and met with the witness to pressure him and deceive him is yet another demonstration of the extraordinary bias and conflict of interest behind this case.”
“As highlighted by MP Lucky Mulusa, Mr. Nchito once testified before a parliamentary committee that he would rescue himself from any prosecution in which he has a personal interest,” he said.
“This reckless pursuit of a false case against an opponent of the ailing President Michael Sata is indicative of an overall deterioration of human rights and rule of law in today’s Zambia.”
What doesn’t fall apart in Zambia?
CONTEMPT OF COURT-THIS GUY HAS NO RESPECT FOR OUR COUNTRY AND ITS INSTITUTIONS -HE WOULD NOT SAY THIS IN ANY OTHER COUNTRY-HE MAY THINK IT BUT TO SAY IT IS CONTEMPT OF THE WORST KIND AND MUST BE CONDEMNED BY ALL WHO VALUE THE JUDICIAL PROCESS
SATA CAN DO WITHOUT THESE THUGS MMBEMBE,KABIMBA,NCHITO..etc.They are just distroying your image mr president.Do what you are known for kick them out king cobra.You have alot of pipo around you who can be useful to you and to the nation at large
Well said al. Poorly written statement too! This chap is all mouth and no brain. Can’t we have a world tab on this site so that we can comment on other important events around the world?
its chaps like monsterdam that make me look to Mugabe as he deflates such western 1diocy.
This is the level of corruption and imperialism that Rupiah wanted to bring to our country
This is the usual childish appraoch by a lawyer. The charge against RB is one of abuse of office – not theft. Testimony clearly show that RB abused his office using a government to government deal to solicit for funding for his re-election. It is not illegal to fundraise, it is illegal to use your position to solicit funding. RB is in trouble.
This peeg should shut up. RB is in trouble as can be seen in the verbatim reports from court. Akpan broke down when asked by our smart DPP, “Are you testifying against RB out of Malice?” His response was, “No, I sincerely wish RB had won the election and I hold him in the high esteem, he is a man of honour.” The witness’ breaking down out of sympathy for RB solidifies his testimony.
And the knee-jerk insults from pa fipuba supporters begin in 1,2,3…………
The moment i will see maturity in your language is the moment i will start respecting your contributions.You shouldn’t let politics to dictate your level of sanity and emotions.Smh
CONTEMPT OF COURT-THIS GUY HAS NO RESPECT FOR OUR COUNTRY AND ITS INSTITUTIONS -HE WOULD NOT SAY THIS IN ANY OTHER COUNTRY-HE MAY THINK IT BUT TO SAY IT IS CONTEMPT OF THE WORST KIND AND MUST BE CONDEMNED BY ALL WHO VALUE THE JUDICIAL PROCESS
MP Lucky Mulusa was a SA citizen. When did he denounce his South African citizenship to be lawfully allowed as MP?
How can a south african be an MP in Zambia?
He had/has permanent residence NOT citizenship, get your facts right, he still holds his zambian passport and NRC (permanent residence in RSA, they dont give their green ID),,, alots zambia permanent residence eg, kalusha, mirrian nkandu, Mponga liwewe, chulu lemba,,,that prof someone( i forgot his name) etc…
why are you addicted to bye-election? get yourself some cure and leave mulusha alone, he is lawful MP of solwezi central!!
donot be a false alarmist!!!!!
firstly you are missing the point.Then secondly so what he is doing a grate srevice to Zambia
Lucky Mulusa is Kaonde from Northwestern Province. So under this govt Northwestern is a Province of South Africa. No-wonder the looting of our resources there by this******govt.
It is just a matter of time before Amsterdam insults us Zambians again.This Is a lawyer who has been motivated more by money and not pushing for justice ,no wonder he even had the guts to insult our intelligence.Smh
A Saulosi – how can somebody insult your intelligence when you clearly dont have any? Because if you did you would be able to differentiate between a turn of phrase and a direct insult. What has Amsterdam wrote in the above article that insults anybody except highlighting the blundering and complete disregard for due process by the likes of the forger in chief the fat DPP who happens to be chewing money meant for poor Zambia who will never get the chance to be even half as fat as he is in several lifetimes?
I dont agree with you. Amsterdam argues his points well while those who oppose him seem to only resort to various sentiments to stoke hatred against him. As far as I can recall he never insulted Zambians. Improve your argument and you may persuade us – but dry statements and attacks on Amsterdam wont do. We are too smart for that.
@Mphendula….i’m not surprised with the way you have come out.I actually expected personal attacks in this line.The reality in life is that people can only believe what they want to hear no wonder you have jumped on this because it is against Sata and is exactly what you want to hear(something to demonize PF).Keep on listening to yourself while some of us enlightened enough continue to look at things with an open mind.These are just politics bika bola panshi mwaiche wandi.
@Saulosi
Yesterday and today vindicates anyone who has questioned the PF’s motives over the prosecution of RB and no one more so than Robert Armsterdam. Those struggling with this case have been the ones calling him all manner of names and accusing him of protecting criminals. You must have been so brainwashed by the post that you are failing to see truth even if it is glaring at you. Armsterdam fights injustice and tyrannical states. Those that see harm in justice fight back with names and accusations of “money driven”. Examine your conscious and your loyalty to the Post newspaper.
What is insulting is to be ruled by******, the likes of *****Wynter, Mmembe, and Nchito. Amsterdam is spot on. There is proof that RB did not solicit for donations. Nchito’s own tutored witnesses have testified that there was no malice in RB’s dealings and that Zambia spent/lost zero kwacha.
Pathetic fools solicited for 2011 votes by telling 100% lies. What right do such criminals have to prosecute others who merely received political donations? The donations did not directly or indirectly cause death to any Zambian compared to PF’s induced by-elections with two PF cadres dieing in friendly fire and*****weekly flying out for treatment (direct) and lack of drugs in hospitals resulting in thousands dieing daily (indirectly).
Comedy of errors at a huge cost to the tax payer!
PF’s fear is RB’s current international standing and his association with UPND!
The constitution still allows him to stand for presidency!
I think PF is proving to be the most insecure party!
Look at the dogma within PF about MCS being the sole candidate for 2016!
This is wamuyaya part 2.
Are we gods to predict the future?
The biggest mistake is a lesson not learnt!
Just Fulfill your promises and 2016 will be a walkover. Be nice to all Zambians irrespective of political affiliation. Let there be unity in diversity! Love is what establishes the throne! Let us agree to disagree! If we can redirect our energies from fights to nation building, we’ll be a great nation once more! Mr Winter Kabimba should for once preach love and…
Once this foolish case is over, RB will become presidential candidate for the MMD/UPND Alliance then those with prostate cancer will have their urine bags blowing up. Nevers and HH deputy presidos…what a force! Three brain tankers put together against fake Wynter, Mmembe, Nchito!
Of course the RB case is falling apart, it’s a disaster. If there was a genuine case against RB then it has been so badly handled by some well known individuals with personal interest for retribution to fix the ex-president.
The best the DPP can do to save himself from further embarrassment is to withdraw the case immediately. This will also stop the wastage of resources.
Nick is very stupid.
He’s dating a ka Zimbabwean girl. I’m so hurt.
Thanks.
THIS DOES NOT SOUND LIKE MUSHOTA, HOW COME THE FLAG SHOWS AS CONGO?? HAS MADAM MUSHOTA MOVED TO DRC??
Maybe its because she is not a scatterbrain like you.
Thanks
ZAMBIANS WASTE OF RESOURCES AND WRONG PRIORITIES. SO NCHITO WENT TO NIGERIA??? HE SHOULD RESIGN. IF TRUE, WHAT HE HAS DONE TO FRAME RB IS UNETHICAL. LET HIM BE LOCKED UP.
Mutembo Nchito …… Fred M’membe & Wynter Kabimba are very dull ….. & full of jealous & hatred.
Justice Chirwa, State enter consent judgment
By Namatama Mundia
Mon 12 Aug. 2013, 14:00 CAT [456 Reads, 0 Comment(s)]
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THE Lusaka High Court has ordered the the Minister of Finance to reinstate retired Supreme Court judge Dennis Chirwa on government payroll and pay him Supreme Court judges’ salary arrears for September, October and November 2012.
This is contained in a consent judgment in a matter where judge Chirwa sought judicial review of President Michael Sata’s decision to withhold his benefits and that the decision be stayed.
Justice Chirwa, who was being represented by Malambo and Company, wanted the court to declare as invalid, void and of no effect President Sata’s decision, which was communicated to the Judiciary in a…
We shilu we…
I have stood for justice in relation to the allegations against RB and the MMD since Sata went quiet over his screaming and “alarming” headlines over RB and the scanners at Nakonde border. From what has transpired in this case we can begin to see the vendetta against RB. This persecution is nothing other than M’membe and Nchito trying to teach RB a lesson while using Sata, Kabimba and all state resources. Sane people can see this while M’membe LOYALISTS and the gullible want continue to believe that RB’s MMD stinks of corruption. He may have stolen but we do not know what he stole so let’s be fair to him not cast stones at him until we have compelling evidence of his wrongs. What’s is clear is that the POST is lead by an exposed lair who should now as a “DISCREDITED”
Be discredited, named and shamed.
Nchito’s witnesses all beef up RB’s case, what more when RB brings his own witnesses?
Ka Mushota, well done NICK has done a runner. A human being is a human being. Feelings are mutual. How long will you stay with a womaniser. There is HIV/AIDS in the World today?
Think and run, where to ?
The PF instigated case is falling apart and soon to follow …..things will fall apart and PF booted outta office.
Hear! Hear! That is when the ‘intelligent’ Saulosi will have to think for himself for once instead of eating the manure spewing from Membe, Kabimba and Nchito’s never regions.
the case is still in the courts of Law, let not bamwinsa start commenting on this case. Armstadum we know you Love Rupiah but respect and give Zambian government some space your time of barking will come
no sane Zambian can support what armstadum is doing. and you LT ever since Sata decided to keep quiet you have run out of good news, what is armstadum adding to the development of our judiciary?
The filthy mercenary still talks as he continues to scavenge on Zambia’s stolen resources?
Haha snap
Hmm I wonder why anyone cares about this guy in Canada who is being paid off with potentially stolen Zambian money. Time will tell
LT has quite clearly taken up the role of ZWD, with its stories becoming, on a daily basis, a litany of reportage that is extremely anti-PF, with strange titles, headlines and stories.
ZWD is still in existence, how can LT take the place of another site that is still operating on full capacity?
PF presides over the process of Zambia falling apart. Ma-‘Hules’ have taken over the Justice system, applying the same aggression against well married women in snatching husbands for brief moon-light pleasures. God forbid!
What Rupiah band and his sons do not realize is that this ambulance chasing lawyers is single-handedly ensuring that they go to jail by his endlessly running at the mouth. HE will be enjoying their mioney as they languish in Chimbakaila and we have thrown the key to their jail cells into the Zambezi river.
I knew sooner or later he would resurface, especially after yesterdays drama, am sure he was laughing joyously, i always wonder why he behaves so “local” as if he’s from the streets of chachacha or cairo roads.
aaya,, you are right, the man behaves like he lives on katondo or chachacha
Mr Amsterdam, your client is charged with “abuse of office”and not theft by servant, be careful before you start celebrating!
Haha,the PF made poisoned cookie crumbles.Must have been laced with rat poison.
You don’t know of a Zambian (Tonga from Monze) who is an MP in the Polish parliament? So if Mulusa has SA origins but has Zambian citizenship, why not? Grow up and get some education mate!
We want 14billion paid back. Membe is a bootlicker today all because he needs protection, nothiing else. The state would seize that hummer and that house.
Living in a glass house. STEALING COPPER.
nchito do your job and dont take personal interest in the case, you will lose truck.
Mutembo you are still very young and have a long way to go, stop meddling in this dirty game, PF will not be there forever. so what happens to you after PF is booted out??????????????????????????????????????
Everything has crumbled on these blokes. By elections ~ crumbled. Heads of Legislature, Judiciary and Executive ~ crumbled. Budget ~ crumbled. 90 days theory ~ crumbled. Attempt to stop Bashilumbe installing Sosala as Chitimukulu ~ crumbled. Naming of Stadium as “Gabon Disaster Stadium” ~ crumbled(kikiki kiki). Attempts to ban Nevers Mumba of spotting a bald head ~ crumbled. Attempts to block the ZWD by Chinese goons ~ crumbled. Bemba tribalism and nepotism(family jungle) ~ intact.
Amsterdam is right, this Government is a Government that has “come home to crumble!”
The best Henry Banda come speak truth befor the courts.Unfotunatly its formr Prezident RB instructng his son not to come sayng he wil be tortured!Wht is ths?Who & why shud he b tortured?Wht wrong has he done?Wht does his father know which may endup him tortured?Wht kind parent or father or evn former President is Rupiah?The man has more & more questions than answres.
God says do not wish ill on people but Lesa forgive me. Mmembe, Kabimba, Masebo and Nchito need to one day atone for all their hatred. Mmembe, Nchito and Kabimba are law degree holders. Only Nchito has had a practice but even that was boosted by Levy Mwanawasa’s Task Force on Corruption. Without it he is nothing. Mmembe belives he has the monopoly of wisdom which is the biggest reason he actually does not have any wisdom. Kabimba….it would be a sheer waste of time to even talk about him. I am sure Matero had something to do with his obtaining his degree. Masebo is just a disgruntled human being. God is fair and the four of them will one day stand before God for all these things. Nchito and Mmembe may hoodwink Zambians on the K14 bn (now K14mn) but before God there will be fairness…..
This man must learn to shut his useless mouth. Why cant he come to defend RB than always acting like a politician? Ati international lawyer, my foot. A lawyer who does not go to court of law to defend his clients? Useless man indeed.
Peace and Prosperity to Mother Zambia.
How did this Govt to Govt deal end up in the hands of non-state agents and huge amounts of cash smuggled into Zambia and given to RB?? How did RB’s children find themselves involved when they were not part of the state apparatus? Sounds as though Zambia was an absolute mornachy where ALL the family members of the head of state enjoy the trappings of statedom.
indeed Amsterdam is right..the guys are moving like headless chickens!!
Ndobo,u right in South Africa we most Zambians here are Permanent Residents meaning u get a PR permit in your Passport to do anything a South African does other than voting and u given a green South African ID writen NON SOUTH AFRICAN Citizen just like Zambia gives those PR foreigners Meloon NRCs
Those who are claiming that the case against RB is falling apart should ask them selves one simple question. Why should a Nigerian company pay US$2 500 000.00 to the Nigerian Petroleum Authority on behalf of the “Zambian” government? What security did the Zambian government offer Mr Ekpene in case the deal turned sour? Mr Ekpene further stated that he got his money back from the petroleum Authority as soon as shipment commenced. Why did the Petroleum Authority demand US2.5m from Mr Ekpene which was later refunded to him. Where was the crude shipped to seeing that Indeni can not process the type of crude from Nigeria. RB bought “air” from Nigeria and I am sure Mr Ekpene got his money back because the Zambian government paid the Petroleum Authority. RB has a lot of explaining to do.
the way the case is going MN is on the right footing. Next will be witnesses from the banks to confirm that money was indeed transferred to Nigeria and there after determine to whose account. My gut feeling is that US$ 2.5m was transferred to Nigeria, out of which US$1.5M was paid into an account in Singapore.