Malawi

Appeal case underway: APM’s lawyer says “there was no basis for nullification of May 21 election results”

Constitutional Court Judges who nullified 2019 presidential election

BLANTYRE-(MaraviPost)—Senior  Counsel Samuel Tembenu, representing President Peter Mutharika who is the first appellant in the presidential election appeal case, has finished presenting his arguments on why they want the February 3 judgment by the Constitutional Court should be overturned.

In his arguments before a panel of seven judges, Tembenu said there was no legal basis to nullify the May 21 presidential election because the irregularities cited by the petitioners did not affect the final outcome of the poll.

He further argued that the Constitutional Court was wrong to issue consequential orders to Parliament to enact new laws ahead of the fresh presidential election because that role is for the executive arm of government.

Hearing of the appeal in the presidential election case started this morning with Chief Justice Andrew Nyirenda, who is leading a panel of six other Supreme Court Judges, disclosing that each party will be allocated one hour to present their arguments.

Meanwhile, Tamando Chokotho who is representing Malawi Electoral Commission has taken the floor.