Blantyre principal resident magistrate Innocent Nebi made his ruling earlier on Wednesday, ordering the $14 000 (about K2.3 million), R28 000 [about K588 000] and 16 350 Mozambican Meticais, be converted into Malawi kwacha and returned to the Nigerian evangelist Prince Chukwudi Agu.
But State lawyer Thabo Chakaka Nyirenda applied before the same court to stop implementation of Nebi’s ruling pending an appeal at the High Court.
However, Nebi refused to grant the stay order, arguing the Director of Public Prosecutions (DPP) can only appeal on point of law.
Nyirenda applied for the stay order at the High Court and Judge Ken Manda granted it, effectively stopping authorities from converting the foreign currencies into Malawi kwacha and returning the same to the Nigerian evangelist.
The stay order, Nyirenda said in an interview yesterday, was already served on defence lawyer Noel Chalamanda and the Magistrate’s Court. The order also stops the effecting of a fine of K200 000 imposed on the convict as the State would be praying for the custodial sentence in its appeal at the High Court.
Agu was arrested at Chileka International Airport in Blantyre and was found in possession of the foreign currencies, which the State argued exceeded the authorised amount of U$5 000 for a traveller.
The 42-year-old Nigerian faced three counts and was fined K100 000 for the first count, and K50 000 for each of the second and third counts.
