EMBATTLED Petauke lawmaker Emmanuel Jay Banda has named State House chief communications specialist Clayson Hamasaka, president Hakainde Hichilema’s political advisor Levy Ngoma and UPND youth deputy chairperson Trevor Mwiinde as part of the people who allegedly abducted him last month.
Mr Banda has also accused the trio of attempting to mutilate his genitals.
In the court documents, Mr Banda submits that while being interrogated over his alleged abduction, he told investigators, approximately 12 who were in the interview room at the Smart Zambia command centre, that Mr Hamasaka, Mr Ngoma and Mr Mwiinde were among his abductors.
In this petition, Mr Banda has sued Mr Hamasaka, Mr Ngoma and Mr Mwiinde as first, second and third respondents while the Attorney General is the fourth respondent.
He has accused the top three respondents of having abducted and assaulted him by hitting him with a plank and attempting to pluck out his tongue.
Mr Banda seeks a declaration that trio’s decision to torture him and inflict pain oh him with a plank and a cable as well as pulling his tongue with a pair of pliers as well as tying his genitals, was an act of subjecting him to torture and inhuman and degrading treatment contrary to Article 11(a), 13 and 15 of the Constitution.
He further seeks a declaration that his forceful evacuation from Medland Hospital to Maina Soko Hospital against his will and consent and that of his relatives by the police contravened Article 11(a) of the Constitution.
The petitioner seeks a declaration that the respondent’s decision to place him in a car trunk and driving him around for about three hours then dumping him in an unknown location was an act of torture and subjecting him to inhumane and degrading treatment as well as restriction of his movement contravened the Constitution.
Mr Banda further wants a declaration that the State’s intention to charge and arrest him for aggravated robbery and attempted murder of journalist Peter Mchelenga Sukwa on the same facts on which he had already undergone trial and convicted for the offense of Assault Occasioning Actual bodily harm is likely to contravene the Constitution.
He seeks a declaration that the order by President Hakainde Hichilema to reopen a matter that was concluded by way of judgment and not appealed against by Mr Sukwa or reviewed contravenes or is likely to contravene Article 18(5) of the Constitution.
Mr Banda also seeks an interim order restraining the State from arresting him on charges that are based on the same facts.
He also seeks damages for false imprisonment the respondents and further compensation for anguish, pain and suffering occasioned on him.
In his affidavit, the petitioner submits that on or about May 25 this year around 01:00, he was driving along Twin Palm Road heading towards his residence as he had a pending trip to Petauke to officiate at a wedding scheduled for the afternoon of the same day.
Upon approaching and passing the rumps near the turnoff to Bauleni compound, Mr Banda's motor car was suddenly blocked from the front by a motor vehicle, causing him to brake, swerve and turn toward the south-eastern direction towards Bauleni compound.
“He was again blocked from proceeding further by yet another motor vehicle that was ahead of him and thus blocked from both the front and rear of his motor vehicle. From the said three motor vehicles, six to eight individuals emerged armed with guns and approached the petitioner's vehicle,” the document reads.
The said individuals then demanded that Mr Banda unlocks and open the doors to his motor as they were locked.
Mr Banda adds that he resisted the demand as he was uncertain as to whether the said individuals were police officers or armed robbers.
“Following the petitioner's refusal to unlock and open the doors, the said people began hitting the front screen of the Petitioner's motor vehicle with a stone and smashed the windscreen.
The unidentified individuals then proceeded to search the MP and inside his motor vehicle where they collected his K50,000, car keys and his mobile phones before he was made to lay on the ground and he was kicked on his sides.
They lifted and placed in the trunk of a sedan, which then drove off to an undisclosed location. The journey lasted approximately two to three hours.
“Subsequently, the petitioner was transported to an undisclosed building and confined in what appeared to be a cell,” the petition reads.
Mr Banda submits that while at the aforementioned location, Mr Hamasaka, Mr Ngoma and Mr Mwiinde arrived and commenced questioning them alongside the individuals who had previously abducted them.
“The petitioner was questioned about their alleged encounter with a Mr. Nyambe, purportedly the Director General from the Office of the President, and the police officers to whom they allegedly provided money during a trip to Ndola with the former Head of State”.
When Mr Banda answered negatively to the inquiries, Mr Hamasaka ordered that he be beaten with a cable and a plank.
The petitioner reads that Mr Ngoma then ordered that Mr Banda’s genitals be bound so that he is castrated and that he told an unknown person to look for a knife so that they could cut off his genitals.
“After a brief absence, the individual who had been dispatched returned and reported that no knife was found. Mr Mwiinde then issued an order for the petitioner to be subjected to further beatings, as he was unwilling to reveal his collaborators”.
Mr Mwiinde issued another order for Mr Banda’s tongue to be forcibly pulled with a pair of pliers, which will compel him to reveal the desired information.
(Mwebantu, Thursday, June 13th, 2024)
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