By Duncan Mlanjira
Former President of Ghana Dr Jerry Rawlings says the Malawian Constitinal Court Judges have stood for the truth for not accepting any bribe in their execution of justice in the May 21, 2019 disputed Presidential election.
This follows the Constitutional Court’s verdict that has nullified the presidential election that was delivered on Monday in Lilongwe.
Online publication, The Zambian Observer quotes Rawlings as saying: “I have been following the elections case in Malawi. Once again, this tiny Southern African country has proved to the whole world that it is governed by rule of law.
The Malawi judiciary
“A few minutes ago, the Court has nullified last years presidential elections. You may argue with me that such similar nullification has occured before in Kenya.
“But I challenge that the Malawi case is unprecedented [since] there were bribery allegations. The Judges stood for the truth and could not accept any money from any politician.
“We are told that a sum of about US$20 million was offered to the Judges but they refused and decided to uphold the rule of law. If that same money was given to some Ghanaian Judges, they would sold the whole country, including selling Ghanaians abroad.
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“But the Malawian Judges stood firm on the truth. I admire the Malawi Judiciary which stands for the truth. As Ghanaians, there is a lot we can learn from the Malawi experience. Congratulations to the people of Malawi,” Rawlings is quoted as saying.
Influential businessman and banker, Thomson Mpinganjira was arrested by the Anti-Corruption Bureau (ACB) on charges of trying to bribe the five judges.
Thom Mpinganjira
He was charged with three counts — the first being offering an advantage to a public officer contrary to section 94 (2) of the Corrupt Practices Act as he is suspected of offering K100 million to Justice Mike Tembo for his benefit and benefit of Justices Ivy Kamanga, Redson Kapindu, Healy Potani and Dingiswayo Madise.
The five Constitutional Court judges presided over the presidential elections case and the inducements were for them to rule in favour of the respondents Malawi Electoral Commission (MEC) and President Peter Mutharika.
President Mutharika
The second count is an attempt to induce Justices Mike Tembo and Healy Potani to exercise their function corruptly, accept K100 million for their benefit and other the three other Justices to decide the elections case in favour of the respondents MEC and President Mutharika.
The third is attempting to induce a public officer to abuse his office when Mpinganjira allegedly attempted to induce Justices Mike Tembo and Healy Potani to abuse their offices to accept K100 million.
Chilima, back as Veep
Mpinganjira, who hails from Dzungu Village, Traditional Authority Bvumbwe in Thyolo District, is founder of FDH Financial Holdings Limited and is also the board chairperson of ESCOM and sits in several other boards.
In their verdict, the five judges declared the May 21, 2019 presidential result “invalid, null and void” which was demanded for by the petitioners, Dr Lazarus Chakwera of the Malawi Congress Party and Dr. Saulos Chilima of the UTM Party.
“It has been our findings that irregularities and anomalies have been so widespread, systematic and grave that the integrity of the results have been seriously compromised,” said chairperson of the judges, Justice
Chakwera and Chilima during one of the court
sessions
The judges said the electoral body failed to conduct the elections in the manner and dictates of the Constitution.
“We hold the first respondent (Peter Mutharika) was not dully elected during the 21 May 2019 elections. We, hereby, order the nullification of the said elections,” said the judgement.
Mutharika was declared the narrow winner of the election with 38% of votes, followed by Lazarus Chakwera with 35% and former Vice-president Saulos Chilima third with 20%. The four other candidates collectively got nearly 6%.
Chimulirenji
Meanwhile, the Constitutional Court has ordered that Chilima should revert to his position as Vice-president, nullifying Everton Chimulirenji from the post, who was elected with President Peter Mutharika in the cancelled vote.
The ruling means the presidency will revert to the pre-May 2019 elections status until the next elections to be done within the next 150 days.
Rawlings initially came to power in Ghana as a flight lieutenant of the Ghana Air Force following a coup d’état in 1979 and, after initially handing power over to a civilian government, took back control of the country on 31 December 1981 as the Chairman of the Provisional National Defence Council.
Rawlings
In 1992, Rawlings resigned from the military, founded the National Democratic Congress, and became the first President of the Fourth Republic.
He was re-elected in 1996 for four more years. After two terms in office, the limit according to the Ghanaian Constitution, Rawlings endorsed his vice-president John Atta Mills as presidential candidate in 2000.
He currently serves as the African Union envoy to Somalia.