Malawi immigration chief sworn affidavit says ex-president plans to bolt
Malawi’s Chief Immigration Officer, Elvis Thodi in a sworn affidavit to the High Court says former president Bakili Muluzi planned to be on self-imposed exile in the United Kingdom to derail his corruption case.
Thodi based his information on anonymous source which prompted Anti Corruption Bureau (ACB) to obtain an injunction stopping Muluzi from leaving the country on Sunday.
Muluzi was due for operation by Wednesday in UK on his slip disc problem which he suffered after propelling President Bingu wa Mutharika to power in the 2004 campaign. He had been first operated on in 2006.
“I Elvis Thodi, a Chief Immigration Officer have the following affidavit. I received an anonymous call advising me that Dr Bakili Muluzi was leaving the country for good. He is using his medical condition as an excuse for leaving the country,” reads a sworn affidavit by Thodi.
”He intends to extend his stay on such grounds in the United Kingdom indefinitely to frustrate the case in the High Court,” he added, “I informed the anonymous caller that I will refer the matter to the ACB . I on 17th June 2009 contacted the Director of ACB and gave him the information.”
The statement was sworn as an affidavit before legal practitioner Stella Rose Mapemba in Blantyre.
ACB director sought an injunction on Friday night which was granted by Justice Joseph Manyungwa at about 10:00 pm
The High Court sitting in Blantyre also ordered the seizure of Muluzi’s passport.
”We have seized his passport because there are some things we have to look into before he leaves for the UK,” Anti-Corruption Bureau director Alex Nampota told Reuters.
Muluzi through his lawyers made an application in the High Court to depart Malawi for London on June 21 and return on August 3 to undergo sine operation.
Nampota did not object to the request and told the court that it is in the interest of the State that Muluzi attends trial in good health.
Judge McLean Kamwambe also allowed Muluzi to seek medical attention but indicated that he will make his ruling on preliminary issues raised as whether ACB director has authority to prosecute matters under the Penal Code other than the Corrupt Practices Act even in Muluzi’s absence.
One of Muluzi’s lawyers, Jai Banda said the anti-graft body is claiming Muluzi did not plan to come back after travelling base on anonymous calls.
Banda said the claims were politically motivated and unfounded.
Thodi recently clashed with Muluzi at a funeral of the father to his daughter’s husband Amos Malisita when the Immigration Chief who is member of Malisita family foul-mouthed the former Head of State claiming that he fired him as Commissioner of police, and according to him there was no apparent reason for the ex-ruler to attend the funeral.
Muluzi has been subject of government persecution in the last five years facing various charges.
He was also accused of plotting to overthrow the government and was arrested on his arrival from UK at the airport.
However, the High Court recently dismissed the charges against eight people accused in a coup plot after the “state failed to formally charge the suspects.”
The eight include three serving military officers –Brigadiers Juvenalis Mtende, Marcel Chirwa and Cosgrove Mituka– who were ordered back into in the command of the Malawi Defence Force.
Others were retired army general Joseph Chimbayo and former police chief Joseph Aironi, who were arrested in May last year.
Muluzi who had been shown documents by police which linked him to the coup plot, said the documents were “laughable and fake”, saying they were fabricated and a ploy to intimidate and silence the opposition.
Meanwhile, Muluzi’s team of lawyers plan to challenge the injunction on Monday at the High Court.
UDF, the party Muluzi heads says it is concerned with continued victimization and political persecution of the former president.
Party secretary-general Kennedy Makwangwala however urged party supporters to pray for the “health and well-being of Muluzi” at the time he will be fighting against forces who wish him dead.
Tagged with: ACB, Chief Immigration Officer, Justice Josph Manyungwa, Justice Maclean Kamwambi, Muluzi, Nampota, Thodi, UDF
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