President Peter Mutharika has outlined what will form the basis of appeal grounds in rejecting Monday’s ruling by the Constitutional Court (ConCourt) which annulled the results of last year’s election, saying among others the ConCourt acted outside its jurisdiction and made determinations on matters that were not before it.
State House spokesman Mgeme Kalilani confirmed that there are five grounds that will form the basis for appeal grounds.
The said ConCourt misdirected itself on how the law applies to the facts of the case.
He also said the five judges’ panel made determinations on matters that were not before it.
“There was an incoherent and inconsistent application of the rationale and basis for the nullification of the presidential results,” said Kaliani citing one of the basis for appeal.
He also said there was “selective justice” in the same that the court treated the presidential results as unacceptable while the Parliamentary results as acceptable “when both results came from the same process which they faulted and admonished .”
The President also argues that the ConCourt acted outside is jurisdiction and against the principle of separation of powers by ordering Parliament to amend some laws to agree with its judgement .
“The court acted against jurisprudence principals by purporting to overturn a Supreme Court decision on the definition of majority in the Malawi electoral process to accommodate their judgement,” said Kalilani.
Reading the judgement, Healy Potani who chaired the panel of judges, said: “We are satisfied that the petitioners’ complaint alleging undue return has been made out both qualitatively and quantitatively. Consequently, we hold that the first respondent [Mutharika] was not duly elected as President of Malawi. As a result, we hereby order nullification of the elections.”
Mutharika, a lawyer by profession, with expertise in international economic law, international law and comparative constitutional law, said alongside his legal team he had “serious reservations with the judgement.”
In his special address to the nation on Wednesday, Mutharika pointed out that he and his legal team has noticed fundamental errors in the judgement that cannot go unchallenged.
While he noted that the ConCourt clearly did not claim rigging, t he ConCourt judgment if not cured, represents a “flawed precedence” for all the elections in all future elections in the country.
Lawyer Frank Mbeta who represented Mutharika in the petition case has confirmed to have received “ instructions from our client to appeal.”
Mbeta said they are formulating the grounds of appeal and will be filed with the court.Follow and Subscribe Nyasa TV :