Having to endure two days in the dock as an accused person for a charge that may otherwise be described as very fluid and sitting on a hard bench can be quite grueling for any person.
Well, this is what Zambia’s former President Rupiah Banda had to endure in the week just ended. Yes, he had another pretty long day in court Friday July 12, 2013. But for a person of 76 years, one would think the man would simply break up, just give up!
Zambia’s former head of state is no doubt a strong man and the workouts he has done in the various gyms or physical fitness outfits for the most part of his life, even while he served as Zambia’s fourth president, may be credited for his fitness.
Friday’s court hearing started at 09:16 when the Lusaka Chief Resident Magistrate Joshua Banda entered the packed court room.
The apparent star witness, Major Richard Kachingwe, in the case Banda is charged with abuse of office of authority over the alleged US$2.5 million oil contract with the Nigerian National Petroleum Corporation, NNPC revealed that the Zambian government never paid any such money after all.
This was in the continued cross examination by the defence. Responding to questions put to him by Prof. Patrick Mvunga to vouch for the accuracy in the motion to Parliament to lift Banda’s immunity by Minister of Justice Wynter Kabimba on March 15, 2013 that Zambia paid US$2.5 million, Kachingwe’s answer was, “No your honour.”
Kachingwe who is prosecution witness number five, PW5, served as Zambia’s Deputy High Commissioner to Nigeria from 2007 to 2009. He categorically told the court that no such money was ever remitted from the Bank of Zambia, BoZ, and that it did not originate from Zambia.
“Whose cash was it?” asked Prof Mvunga. Kachingwe replied, “It was SARB Energy’s. The money did not originate from Zambia.”
Kachingwe also told the court how he travelled to Abuja Nigeria between 25th and 31st May, 2013 for purposes of being interviewed by the Economic and Financial Crimes Commission, EFCC, of the Federal Republic of Nigeria.
He said that he travelled on passport number ZN256137 in the company of an investigating officer he identified as Friday Tembo from the Government Joint Investigating Team, GJIT. He said that the interview with the Nigerian investigators who were probing some activities at the NNPC lasted for about two hours.
Asked by one of the defence attorneys Sakwiba Sikota whether this was the same period that the Director of Public Prosecutions, DPP, Mutembo Nchito was in Abuja Kachingwe simply said, “He passed through the hotel.
“I just greeted him as he had come to see Friday Tembo.” Further asked if there was anything more than just that, Kachingwe said, “No, nothing more than just that. It was just in the lobby and it took less than a minute. It didn’t take long.”
Kachingwe also told the court that while in Nigeria he had contact with SARB Energy managing director Akpan Ekpene. This was after Sikota asked if Kachingwe had called on any old friends more so that only two hours of the five days in Abuja had been taken away from him. Kachingwe’s answer was no.
At this point the proceedings went as follows:
SIKOTA – Why were you hiding, you hold yourself up in the hotel for all those days?
KACHINGWE – Your honour, Nigeria is not like these other countries we go to in Africa. There are bombs there but I did call Akpan.
SIKOTA – You told him about being in court?
KACHINGWE – I just greeted him. I said am in town but he didn’t want anything to do with me.
SIKOTA – He asked what you were doing in Nigeria?
KACHINGWE – No, he didn’t.
SIKOTA – You want the court to believe that?
KACHINGWE – Yes I said am in Abuja, he said he was in Delta state.
SIKOTA – Tell us the full story!
KACHINGWE – Your honour, I called him and told him am in Abuja for some time. Where are you? He said am in Delta state nursing my sick father. I asked him when are you back in town? So we ended.
SIKOTA – Was he avoiding you?
KACHINGWE – It didn’t come to my mind.
SIKOTA – You didn’t tell him why you were in Nigeria and he didn’t ask you?
KACHINGWE – No, your honour.
SIKOTA – Who else did you call?
KACHINGWE – He was the only person. The other people are the embassy staff who picked us from the airport. They are the only ones I saw.
SIKOTA – What are their Names?
KACHINGWE - The driver was Nigerian, the other person is an officer at the mission I can’t remember his name. There are new officers at the embassy.
SIKOTA – How many times have you met or spoken with Akpan since 2011, between 2011 and 2013?
KACHINGWE – Last time I met him was in State House
SIKOTA –You already knew case was in court and Akpan would be witness?
KACHINGWE – You are putting words in my mouth.
SIKOTA – As a major, you must have known he was a witness.
KACHINGWE – No, your honour.
SIKOTA – You want the court to believe?
KACHINGWE – I am not the one lining up witnesses.
SIKOTA – You didn’t have numbers for others, what was the reason for calling Akpan.
KACHINGWE – Simply to greet him, your honour.
As it has turned out to be Akpan Ekpene is prosecution witness number six, PW6, and this is the man Kachingwe says he called just to greet?
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