By knchile 
Former Kabushi lawmaker, Bowman Lusambo, has filed an application disputing the authority of the Economic and Financial Crimes Court (EFCC) to continue overseeing his criminal case, citing the expiration of the court’s five-month time frame to hear the case.
Lusambo’s lawyer, Likando Kalaluka, argued before the court that, as per legal guidelines, the EFCC no longer has jurisdiction over the case because the stipulated five months to resolve the matter has passed.
This case involves Mr. Lusambo, 45, and his wife, Nancy, who are facing 10 charges related to the possession of property suspected to be proceeds of crime, conspiracy to defraud, and tax evasion.
In July, Lusaka magistrate Faides Hamaundu ruled that the couple had a case to answer, thereby moving the case to the defense stage. However, when the case resumed, Kalaluka, referring to Rule 3(1) of the EFCC rules, contended that the court’s jurisdiction had expired.
“The EFCC rules clearly state that a case must be heard and determined within five months from the date the plea is entered,” Kalaluka argued.
The lawyer further explained that after consulting with his clients, it was revealed that the plea was not entered in April 2024, as previously suggested by the prosecution. According to Kalaluka, the charge sheet dates back to 2022 or 2023, meaning the five-month deadline to conclude the case had already passed.
“If the plea was entered in 2022 or 2023, then the five-month period has long expired, and this honorable court may no longer have the jurisdiction to continue hearing this case,” Kalaluka added.
However, Anti-Corruption Commission senior legal officer Daniel Ngwira responded by stating that the defense had previously applied for an extension of time, leading the court to extend the proceedings by an additional 45 days.
Ngwira argued that the defense’s claims were flawed, as the court had lawfully extended the time frame within which the case could be heard. He maintained that the EFCC still retained jurisdiction, citing section 37 of CAP 2, which grants the court the authority to extend deadlines for hearing cases.
He urged the court to dismiss the defense’s application. A ruling on the matter is expected this Friday.