A law firm Jivason and company in Mzuzu has written Malawi Parliament demanding the removal of the 2014 parliamentary election winner Uncle Jose Leonard Njikho from the National Assembly claiming he did not win.
The legal firm which represents the plaintiff Bennex Mwamlima is basing its claim on the advert that came out in The Daily Times of Tuesday June 17th 2014 released by the Malawi Electoral Commission(MEC) for public consumption that the complainant secured more votes (23 663) against the winner Uncle Jose Leonard Njikho who chalked 23 412 votes.
The Speaker of parliament Richard Msowoya nor the clerk Roosevelt Gondwe has not confirmed the receipt of the affidavit because the duo could not respond to calls as business was under way.
“We are the legal practitioners representing the plaintiff and we write on instructions from our client Mr. Bennex Songwe Mwamlima,” says the affidavit.
The firm claims that its client avers that he is the winner of the 2014 parliamentary elections for Mzuzu city constituency as per the official results released in the press dully authenticated by signatures of all the MEC commissioners including the chairperson of all the Electoral Commission, Justice Maxon Mbendera SC.
But through a statement MEC released on June 18, 2014 says the advert that came out in the newspaper contained a typographical error on the statistics which were indicating Mr Mwamlima of Peoples Party the winner.
“As it stands, the winner in the elections, is Uncle Jose Leonard Njikho (independent)”, it said.
The statement further said the Commission regrets the erroneous publication and apologies to all electoral stakeholders for any inconvenience that it might have caused.
But lawyer Jivason Kaziphatike who represents the firm says if Njikho still clings to the parliament corridors, he will seek court justice because his client believes the National Assembly as a law making body contains only legitimate members.