Mutharika, MEC formally appeal against ConCourt nullifying election win

President Peter Mutharika and the Malawi Electoral Commission (MEC) have finally appealed against the February 3 Constitutional Court (ConCourt)  election case ruling which annulled the May 21, 2019 presidential poll.

The court also ordered a fresh presidential election in July.

Both lawyer for Mutharika,  Frank Mbeta and MEC  private-hired lawyer Tamando Chokotho have confirmed filing the appeal documents at the Supreme Court in Blantyre as thousands of the ruling Democratic Progressive Party (DPP) supporter took to the streets to protest against the ruling.

“Yes, we have filed the grounds for appeal. We are just waiting for the court to set dates for the hearing,” said Mbeta.

Mbeta said the lawyers will be back at the court on Wednesday for what he said settlement of records of appeal session before the court sets the dates for the hearing of the appeal case.

Constitutional Court judge president Healey Potani said the hearing of the appeal case will expedite because the Constitutional Court had already finished preparations for court documents on the case.

UTM president Saulos Chilima and Malawi Congress Party leader Lazarus Chakwera dragged president Peter Mutharika and MEC to the Constitutional Court over the presidential poll.

The court found that the election was marred with irregularities and anomalies which had been so widespread, systematic and grave that the integrity of the election had been seriously compromised.

The court ordered that the country reverts to the 2014 presidential election and reinstated Chilima as the state vice president, technically firing Everton Chimulirenji.

The MEC had declared Mutharika the narrow winner of the May election with 38 percent of votes, followed by Lazarus Chakwera with 35 percent and former Vice President Saulos Chilima third with 20 percent.

Mutharika had denounced the ruling as “a serious subversion of justice, an attack on our democratic systems and an attempt to undermine the will of the people”.