High Court lifts Luo’s interim stay, orders her to vacate MP office

High Court lifts Luo’s interim stay, orders her to vacate MP office

By Chola Mwaba

THE Lusaka High Court has ordered Professor Nkandu Luo to vacate her position as Munali member of parliament after the interim stay she was granted last month was lifted.

On November 28, Ndola based judge Edward Musona granted Prof Luo a stay of execution of his judgment that nullified her seat on grounds of violence and abuse of authority of office.

In discharging the stay, judge Musona said there was nothing to stay as Prof Luo’s appeal to the Constitutional Court was not a good ground to overturn his decision.

He said the Attorney General and Prof Luo’s lawyer Bonaventure Mutale should advise her to do the right thing.

Judge Musona also ordered Prof Luo to bear the costs for the application in which he discharged the interim stay.

In her arguments, Prof Luo asked the court to stay its decision to nullify her seat because her integrity would be affected as she was a Minister of Higher Education.

But Doreen Mwamba of the UPND, who petitioned Prof Luo’s election, had submitted that she was not the first or last Minister of Higher Education and that there was no integrity to safeguard.

Last month, judge Musona granted Prof Luo an interim stay, saying she appeared to be in a hurry and was not desirous to wait for the inter partes hearing.

Judge Musona proceeded to hear both parties and yesterday, he dismissed the application with costs.

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