Former Mzimba Hora parliamentarian Christopher Mzomera Ngwira yesterday walked to freedom after the Senior Resident Magistrate’s Court in Mzuzu acquitted him of five counts of misuse of office and another of attempting to misuse office.
However, his co-accused Dan Nkosi, a councillor for Mz i l awa i ngwe Ward was slapped with four years imprisonment on three counts of misuse of office and 18 months for forgery.
The Anti- Corruption Bureau, which was prosecuting the case, has expressed satisfaction with the sentencing of Nkosi, but says it will look at the possibility of appealing the ruling for Ngwira.
The two were answering eight counts, related to misuse of their public positions to diver t funds meant for Constituency Development Fund (CDF) during their 2014-2019 term of office.
The first count of misuse of office was that the two diverted building materials valued at K1 024 873.80 meant for a project at Nthumba Health Centre, while the second count of misuse of office was that they diverted building materials valued at K2 120 067 meant for Mzalangwe Police Unit.
In the third count , the two were accused of diverting materials meant for Chankhalamu and Lweya bridges valued at K3 760 969.50, while in the fourth and fifth counts, they were accused of diverting materials worth K645 410 for Lwankhozi Bridge as well as K3 495 000 for the same bridge.
Senior resident magistrate Godfrey Nyirenda found Nkosi guilty on the first, second and third counts, based on the fact that he collected the materials but never delivered, which meant he misappropriated them, while Ngwira was acquitted for lack of evidence linking him to the collection and diversion of the materials.
Nkosi was also convicted of the seventh count, forgery, where in August 2017, with intent to deceive, he forged an entry into the visitors’ book at Maumba Primary School with the purpose of delivering 20 bags of cement and 40 iron sheets.
B e f o r e s ente n c i n g , t h e A nt i -Co r r u p t i o n Bureau chief prosecution officer Bernard Mlozowa Phiri prayed for a stiffer punishment, suggesting four to five years for misuse of office, being a felony, 18 months for forgery.
On the other hand, defence counsel Christon Ghambi prayed for suspended sentences, arguing, his client was a first offender, and that he was the sole person, using own resources to deliver materials to the project sites.
Making his ruling, SRM Nyirenda said the convict
wasted the court’s time and resources when he pleaded not guilty to all counts against him.
“His actions made people in the ward to be denied the right to health care, right to education and security. The forgery was meant to defeat justice.
“As such, on the three counts of misuse of office, the accused i s sentenced to four year s imprisonment. On the seventh case of forgery, he is sentenced to 18 months imprisonment. The sentences will run concurrently,” ruled Nyirenda.
Reacting to the ruling, Mlozowa Phiri said, the ACB will have to look at the judgement on whether to appeal the Ngwira case or not, but were happy with the sentence for Nkosi.
“Four years plus 18 months for Nkosi is a sufficient sentence for us. Those seeking to abuse office will learn from this,” he said.
On his part, defence lawyer Christon Ghambi said justice has taken its course on Ngwira.
“Throughout the hearing , numerous witnesses for the State failed to provide evidence directly linking Ngwira to the offences.
“For Nkosi, we will definitely appeal because some of the projects were completed, the schools and the health centre are all there.”
In 2020, Ngwira was found guilty of abusing K250 000 local development funds and was sentenced to four years imprisonment, but in 2022, the High Court in Mzuzu released him.
