Former president Edgar Lungu allegedly summoned then Zambia Army Commander Lieutenant General Paul Mihova to State House after the latter refused to release a certificate of title for a piece of land intended for the construction of the Patriotic Front (PF) secretariat.
The Lusaka High Court heard this during a testimony by Detective Chief Inspector Boston Nzhibwe, who explained that the title release was requested by the then Commissioner of Lands, Wilfred Muma. General Mihova reportedly objected, as the process violated proper procedures.
“After rejecting the request, the Army Commander was called to State House by the president,” Nzhibwe testified.
Muma, who was dismissed as a High Court judge in July, is facing charges of abuse of authority of office and willful failure to follow legal procedures.
Nzhibwe detailed that Muma initiated the request for the title transfer and later instructed officials to expedite the matter.
According to the detective, General Mihova indicated that he only complied after being pressured during a meeting with president Lungu.
Nzhibwe also testified that the Zambia Army was reluctant to relinquish the land, which it had been managing, to the Ministry of Lands for reassignment to the PF.
He said the surrender of the certificate of title occurred under questionable circumstances without approval from the Ministry of Finance.
Excerpt of verbatim cross- examination
Defense lawyer: The president is the one who authorised?
Witness: Yes
Defense lawyer: You can confirm that what you have just said is not what is in the letter of surrender and the minutes?
Witness: Yes.
Defense lawyer: You can confirm these properties are held in the trust of the President?
Witness: Yes.
Defense lawyer: So the title in issue held by the Minister of Finance on behalf of the Zambia Army is also on behalf of the President?
Witness: Yes, it is.
Defense lawyer: This is the same president who allowed this transaction?
Witness: Yes, he allowed this transaction but there was no write up as provided for by the constitution.
Defense lawyer: But you can confirm when the president was making a decision to get this land, he had authority?
Witness: He had authority within the confines of the law.
Defense lawyer: You can confirm this is the same president who delegated powers to the Commissioner of Lands?
Witness: He is the one.
You can confirm the president or any other authority did not nullify this decision by the Commissioner?
Witness: The transaction was null and void from the beginning because there was no written instruction.
The court, presided over by Judges Pixie Yangailo, Vincent Siloka, and Anne Ononuju, allowed both parties to submit written arguments before delivering a ruling on case to answer.
The matter adjourned to February 12, 2025.
