The Anti-Corruption Commission (ACC) has urged the Economic and Financial Crimes Court (EFCC) to deny bail to former Kabushi lawmaker Bowman Lusambo, who is seeking release pending the outcome of his appeal.
Lusambo is currently serving a four-year sentence for corruption and has previously been denied bail by the Lusaka Magistrates’ Court, which ruled that he failed to demonstrate exceptional circumstances to justify his release.
In his renewed application, Lusambo argued that he is the sole breadwinner for his family and that his wife is unable to support the household due to health challenges.
He also contended that his appeal might take a significant amount of time to be heard, during which he would have served a substantial portion of his sentence.
However, the ACC, represented by legal and prosecutions officer Chawezi Nalwenga, countered that Lusambo’s appeal does not present strong prospects of success.
Nalwenga noted that the grounds of appeal, particularly those related to tax evasion, do not raise any novel legal questions.
“The applicant has not demonstrated any exceptional circumstances to warrant this court’s discretion to grant bail pending appeal,” Nalwenga submitted.
She stated that, contrary to the applicant’s claims, the EFCC does not have a backlog of cases, and appeals are handled expeditiously.
“Therefore, the argument that the applicant would have served a substantial part of the sentence before the appeal is determined is unfounded,” she argued.
Nalwenga contended that granting bail to Lusambo could prejudice the state, given his status as a convict.
She argued that the circumstances of the case do not justify suspending the sentence or granting bail.
The ACC reiterated that the EFCC rules mandate that appeals be concluded within five months, ensuring a timely hearing of Lusambo’s case.
“The applicant has failed to demonstrate any exceptional circumstances that would compel this court to grant bail. We, therefore, humbly submit that the court should deny the application,” Nalwenga prayed.
Lusambo was convicted on November 8, 2024, by Lusaka Magistrate Faides Hamaundu, who sentenced him to four years of imprisonment with hard labor and imposed a K27,000 fine for tax evasion