According to a source within the Zambian judiciary, late last year Nchito allegedly forged a bench warrant in order to facilitate the arrest of a businessman of Asian origin, Anuj Rathi, who has since been deported from Zambia to India.
An investigation by Zambian Reports has revealed that Rathi, who was jointly charged with former Zambia National Service Commandant Wilfred Funjika with abuse of office, travelled out of Zambia after the State entered a nolle prosqui in the case.
While outside the country, the DPP allegedly issued instructions to the Police to re-open the case involving Rathi and Funjika. Instead of following procedure which would have required the re-arresting Funjika and Rathi, the DPP allegedly forged Magistrate Konga’s signature and issued a bench warrant for Rathi.
When Rathi flew back into Zambia with the understanding that the state had dropped the case against him, he was promptly arrested and deported to India without any hearing in the competent courts of jurisdiction in Zambia.
The source said what is more puzzling is that the DPP allegedly forged a signature of Konga who is Magistrate Class 3 when the matter was being handled by a Magistrate in Class 1.
“The DPP forgot that the case was before a senior magistrate and he forged a signature for a junior magistrate” the source said.
The source said Magistrate Konga is very annoyed with the development and has vowed that he is ready to swear in an affidavit to that effect to prove that he did not sign the bench warrant for Rathi.
This is the second time the Zambian DPP has been linked to forging of signatures of senior judicial workers. Earlier in his career, Nchito was admonished by Supreme Court Justice Gregory Phiri for forging his judgement, while more recently, MP Lucky Mulusa revealed in a letter to Nchito and President Michael Sata that the DPP had sworn to recuse himself from any matters involving his own personal interest – such as the nolle prosequi entered against his creditor, Rajan Mahtani, or the prosecution of former President Rupiah Banda.