Malawi Electoral Commission (MEC) chief executive officer Andrew Mpesi has faulted his arrest last week and described it as illegal because police did not obtain a warrant.
Through his lawyer Chrispine Ndalama, Mpesi filed an application before Lilongwe senior resident magistrate Wanangwa Nyirenda on Friday seeking nullification of the arrest.
The application was submitted alongside a bail request after Mpesi spent
two days in custody following his arrest on Wednesday last week.
Friday. | Andrew Viano
Ndalama told the court that the police acted outside the law by arresting his client without a warrant.
“The whole process is a nullity because there was no warrant of arrest. The police acted illegally. It is an abuse of process,” he said, adding that the defence expects the court to determine the legality of the arrest before formal charges are read and plea is taken.
On his part, State prosecutor Prescott Mwayiulipo said he was not prepared to respond to the application challenging the arrest.
However, he told the court that Mpesi was arrested on allegations of abuse of office contrary to Section 95 of the Penal Code.
The charge relates to claims that he retained two official vehicles, one of which was allegedly driven by his wife, an act the State argues amounts to abuse of office.
But Ndalama dismissed the basis of the arrest, arguing that the MEC CEO’s conditions of service address issues relating to official vehicles. He further noted that Mpesi has not yet been formally charged.
Senior resident magistrate Nyirenda granted Mpesi bail on a cash bond of K800 000.
The case was adjourned to March 27 when Mpesi is expected to be formally charged and take plea.
