Party national secretary Raphael Nakacinda petitioned the Constitutional Court seeking a declaration that the convention which saw the election of Mutati as MMD president was legal.
But the court has dismissed the application on grounds that the reliefs being sought before the Constitutional Court are the same before the High Court.
In his petition, Nakacinda who is also nominated Member of Parliament, told the Constitutional Court led by its president Hildah Chibomba that their petition a proper case for determination.
Nakacinda, through his lawyer Joseph Jalasi of Silwamba and Company, asked the court to dismiss the application by Nevers Mumba’s faction’s national secretary Winnie Zaloumis that his petition be thrown out because he had a proper case before the court.
“We were in the High Court, Supreme Court and Court of Appeal and we were told by the Supreme Court that we were in the wrong court and that we should commence our action before this court ( Constitutional Court) so we are here as directed by the court,” he submitted.
Nakacinda submitted that if the Constitutional Court agrees with Mumba’s group that the case should be dismissed because it was before the High Court, then he would have nowhere to take his grievances as the other courts indicated that the case was wrongly before them.
He added that the reliefs that he was seeking were sufficient for the Constitutional Court and should be heard.
But lawyer for Mumba’s group, Jeah Madaika, argued that the petition should be dismissed because the reliefs sought were the same as those petitioned in the High Court.
Madaika contended that Nakacinda could not argue to be seeking other reliefs because the gist of his petition bordered on the legality of the convention which was held in Kabwe from May 20-22, 2016, which matter is the before the High Court.
He added that Mutati’s petition contained a preview to notify the court and other parties of what was being sought.