From the evidence Major Richard Kachingwe has adduced in court in the on going trial of Zambia’s former president Rupiah Banda regarding an alleged US$2.5 million oil contract with the Nigerian National Petroleum Corporation, NNPC, it is clear that the witness not only has his fingerprints embedded in this whole deal but his DNA is splattered all over it as well.
The former High Commissioner to Malawi and one time Deputy High Commissioner to Nigeria was in the witness box for what may only be termed the equivalent of three days, having first gone on the stand under oath 82 days ago and standing down at 15:28 hours local time on Friday July 12, 2013. For the most part however, Kachingwe chose to be evasive especially in cross examination by the defence to the extent that that he admitted misleading the court in his testimony.
Kachingwe admitted before Lusaka Chief Resident Magistrate Joshua Banda that he caused the manufacture or making of a counterfeit public seal and went on to add that infact there was also a second one that was made.
In his twisted evidence in cross examination by Sakwiba Sikota Kachingwe just came out like one hardcore fraudster. Below is a little bit of what transpired on Friday July 12, 2013:
SIKOTA: Let’s move to the instruments you made in Nigeria to be our official public seal. You didn’t tell us what happened to the seal when you came to Zambia.
KACHINGWE: I made a seal to affix on the document because it was required.
SIKOTA: Where is it?
KACHINGWE: I returned with it and I don’t know where it is now.
SIKOTA: Who was it handed to?
KACHINGWE: Nobody, your honour.
SIKOTA: Is it still with you?
KACHINGWE: Yes, your honour.
SIKOTA: Where is it right now?
KACHINGWE: I wouldn’t locate it. I have moved a lot of offices, your honour.
SIKOTA: You didn’t give it to anybody?
KACHINGWE: No, your honour.
SIKOTA: Why did you mislead the court yesterday saying it was with the security
people?
KACHINGWE: It was a recollection of facts your honour. I didn’t check what they had collected when they came.
SIKOTA: When did they come to take?
KACHINGWE: Around 2011 or 2012 but there is a date on the sheet.
SIKOTA: Your memory is not very good?
KACHINGWE: It is always good your honour but time lapses especially after the lynching by Nevers Mumba.
At this point there was some spontaneous dramatic laughter in the packed public gallery with the Court Marshal warning everybody to be silent in court. Magistrate Banda had to advise Kachingwe to stop trivialising the case and stop bringing in people who had nothing to do with the case. Kachingwe apologised to the court and withdrew the statement on Mumba.
SIKOTA: Let’s be serious! Memory not good regarding this public seal, you don’t know what you have done with it?
KACHINGWE: I wouldn’t know where it could be as I have moved a lot of offices.
SIKOTA: Are you aware there is only one public seal?
KACHINGWE: I am not aware your honour.
SIKOTA: The seal you caused to be made, who designed it in Nigeria?
KACHINGWE: I was an envoy, a public officer and I knew how it looks like so I went to a business center and it was made.
SIKOTA: Aah! So you designed it, the one you made?
KACHINGWE: I caused it to be made from a design I made.
SIKOTA: Tell us what is on the design of the public seal of the Government of
the Republic of Zambia.
KACHINGWE: Your honour, the greatest feature is the Republic of Zambia but they also looked at the website.
SIKOTA: Does the website give dimensions of the seal?
KACHINGWE: No, your honour.
SIKOTA: How long did they take to counterfeit our public seal?
KACHINGWE: It takes a very short time, about an hour or so.
SIKOTA: Did you verify whether it had correct features of the original seal?
KACHINGWE: I saw Republic of Zambia and I was satisfied.
SIKOTA: You didn’t care to verify?
KACHINGWE: Before that they had made even another one.
SIKOTA: Did they make two?
KACHINGWE: Yes your honour they were caused to be made by Hon. Konga.
Here Kachingwe alleged in his evidence that then Minster of Energy Kenneth Konga had a second public seal counterfeited when he travelled to Abuja with President Rupiah Banda. He said he saw the seal on Konga who had it affixed on the document.
SIKOTA: Where were you when the first seal was being made?
KACHINGWE: I wasn’t there but I saw the letter.
SIKOTA: Konga did not cause the making of the seal?
KACHINGWE: No he didn’t your honour.
SIKOTA: Are you misleading the court again when you talk of making?
KACHINGWE: It is you word.
Kachingwe also told the court that while serving as Deputy High Commissioner to Nigeria several staff meetings were held for which minutes were always kept and that there was a format of reporting back to the Ministry of Foreign Affairs in Lusaka.
SIKOTA: When a foreign entity or individual approaches the mission is it talked about in a meeting?
KACHINGWE: It is not necessary as there are always officers dealing with various issues.
SIKOTA: If something comes which is trade related does it go to the High Commissioner and Deputy High Commissioner?
KACHINGWE: Yes depending on mission structure, it varies your honour.
SIKOTA: Had a trade attaché?
KACHINGWE: No, your honour.
SIKOTA: Who was dealing with such?
KACHINGWE: It was the High Commissioner or Deputy High Commissioner and the officer responsible for administration.
SIKOTA: When Akpan first approached you, did you tell the High Commissioner.
KACHINGWE: I didn’t your honour.
SIKOTA: Did you inform the person responsible for administration?
KACHINGWE: I didn’t as she was below me.
SIKOTA: In proper management you share information even with juniors isn’t it?
KACHINGWE: Yes.
SIKOTA: In relation to good management which is about sharing information and not reporting, did you share with the administration person?
KACHINGWE: No I didn’t.
SIKOTA: Did you record being approached by Akpan at the mission any where?
KACHINGWE: No.
Prof Patrick Mvunga, the lead attorney in Banda’s defence team, took over the cross examination of Kachingwe at exactly 11:34 local time and went straight into asking the witness if there was anything to sustain the alleged oil contract. Kachingwe said there was nothing to that effect. He was referred to ID7 which is a letter of offer dated March 21, 2011 for the crude oil from the NNPC allegedly signed by G. Jedy Agba Group General Manger, Crude Oil Marketing Division
MVUNGA: ID7, to whom is it addressed?
KACHINGWE: It is addressed to the Republic of Zambia your honour.
MVUNGA: What sort of creature is Zambia to have a letter addressed to it?
KACHINGWE: I was dealing with it as special envoy.
MVUNGA: Did NNPC know that you were mandated to attend to the subject matter?
KACHINGWE: They knew your honour.
MVUNGA: Why didn’t they address it to you?
KACHINGWE: Because they were giving to Zambia.
MVUNGA: Why didn’t they say special envoy?
KACHINGWE: I think they address to countries your honour.
MVUNGA: ID7 doesn’t even have a physical address. Isn’t Nigerian National Petroleum Corporation a massive state enterprise to know who to address to and where the Zambia High Commission is?
KACHINGWE: Yes it has four towers. The address is there but even if it wasn’t it’s not my document.
MVUNGA: There is no physical address for the Zambia High Commission and no reference to any public official, isn’t that odd?
KACHINGWE: I wouldn’t comment your honour.
Kachingwe admitted having sight of the letter which indicated “NNPC management’s approval to offer your company a one year 20,000 barrels per day crude oil term contract effective 1st May, 2011.”
MVUNGA: It tells you in the last paragraph when to sign?
KACHINGWE: Yes, your honour it says 4th to 8th April, 2011.
MVUNGA: When did you sign?
KACHINGWE: It should be 11th May, 2011.
MVUNGA: Why did you sign outside the period?
KACHINGWE: I picked letter of offer and brought it to the President to get further instructions and went back to sign.
MVUNGA: When?
KACHINGWE: On 23rd March, 2011 but I was still allowed to sign after the time block.
As it turns out to be, the alleged contract was signed even before it was made with the date on the part witnessed by J. S. Matashi missing. When quizzed Kachingwe said he would be more concerned about where to put his signature.
MVUNGA: The address on the contract is Plot 979 Mission Street Abuja, there’s also 51 Mission Street.
KACHINGWE: I have also seen it. I should think it is a plot, they could be right.
MVUNGA: The correct one is Plot 351, it didn’t attract attention?
KACHINGWE: No, your honour.
Kachingwe also told the court that he is bitter with former president Rupiah Banda on a number of issues but does not derive joy from the animosity between them.
He further revealed that he does not like Movement for Multi-Party Democracy, MMD, president Nevers Mumba because he organised hooligans to beat him up. “Until he apologises I will never forget and forgive him. It is something that is dear to my heart and it hurts,” Kachingwe said.
Kachingwe left the witness box after re-examination by Director of Public Prosecutions Mutembo Nchito at 15:28 local time and as most people that have been following this trial expected the next witness was from Nigeria.
Akpan Ekpene was ushered into court under heavy security at exactly 15:34 and immediately took oath. The 46-year-old engineer of Plot 1099, 1st Avenue Abuja Nigeria is the Managing Director of SARB Energy Limited.
When the matter was adjourned to Monday July 15, 2013 the Nigerian who is prosecution witness number six, PW6, was quickly whisked away through the magistrates chambers to avoid being taken on camera.
That is why one of the things all press photographers and cameramen are longing for are good shots of the Nigerian witness before court resumes today.
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