A seven panel of judges sitting as Supreme Court of appeal has dismissed an appeal by President Peter Mutharika and Malawi Electoral commission to scrap off electoral case.
On 15th August lawyers representing Mutharika and MEC argued the court should throw out the electoral case on grounds that the petitioner did not pay filing fee and that the petition was filed outside required timeframe.
Delivering the ruling judge Andrew Nyirenda said “most of the arguments made by the attorney general lacked basis and Mutharika will incur all costs.”
Speaking to radio Islam lead counsel of MCP president Lazarus Chakwera Modecai Msisya said was happy with the ruling but expressed fear with the pace of the trial
However lawyer of Mutharika Charles Mhango said they respect the ruling.
Meanwhile the case resumes on Friday 16 August 2019 in the constitutional court in the capital city Lilongwe.
Lawyers of Mutharika are expected to cross examine first witness and first petitioner Dr Saulos Chilima of UTM party who was the vice president until 21 May, 2019.