ACB moves to defend Msukwa, Nair arrest

The Anti-Corruption Bureau (ACB) has moved to challenge a judicial review application by former minister of Lands Kezzie Msukwa and Ashok Nair against the duo’s arrest.

ACB director general Martha Chizuma confirmed the development in an interview on Sunday, saying the matter will be heard on March 14 2022.

The ACB arrested Msukwa on December 31 2021 for allegedly obtaining bribes in form of K15 million, a Mercedes Benz and K4 million allegedly through Nair, to intervene in a land-related matter in Area 46 in Lilongwe and Chipoka in Salima.

While the High Court in Zomba set aside Msukwa’s arrest and detention, the High Court in Lilongwe also released Nair pending the judicial review that was granted to both.

But in a supplementary affidavit filed on February 28 2022 at the High Court in Lilongwe through ACB principal investigations officer Isaac Nkhoma, the bureau wants an order dismissing the application.

The bureau also wants the High Court in Lilongwe to grant it an order discharging the order of stay of arrest and detention, including costs on the matter.

The gist of the ACB’s affidavit is an acknowledgment that the bureau directly and without involving the office of the Attorney General (AG) received information from the United Kingdom’s (UK) National Crimes Agency (NCA).

Both Msukwa and Nair, through their lawyers Chimwemwe Kalua and Bright Theu, are arguing that it is only the AG who is designated by law to facilitate the sharing of evidence with a foreign government and not the ACB.

But the ACB is, however, arguing that nothing can stop the bureau from engaging in direct cooperation with foreign agencies and that both Msukwa and Nair did not demonstrate that they were arrested based on evidence from the United Kingdom.

The ACB further argues that there were extensive investigations that led to the arrests.

And on Sunday, Chizuma said: “The bureau is indeed challenging the judicial review proceedings. We have seen so many commentaries based on that supplementary affidavit. We find that misleading and unfortunate because there is a whole lot of documentation which is on court file which we believe put this case into proper perspective.”

She said the bureau is confident they have acted within the law on the matter.

“All in all as a bureau we are confident we have acted within the law and we are confident of our arguments before the court and we are ready with the hearing on 14th March,” Chizuma said.