A
Zambian high court judge on Friday granted ex-president Rupiah Banda the right
to challenge parliament's decision to remove his immunity, the first victory in
a politically-tinged legal battle.
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| Rupiah Banda |
Parliament
on 15 March stripped Banda of immunity so that he could be prosecuted for
alleged offences committed during his three-year tenure as head of state.
But
Judge Annie Sitali ruled that lawmakers erred in voting on a matter before
courts could consider an application to block their debate.
"The
applicant has a fit case which should go for a substantive judicial
review," Judge Annie Sitali ruled following the challenge by Banda.
Banda
faces a slew of graft charges, in what allies say is an attempt by his
successor as president, Michael Sata, to neutralise political opposition.
Banda,
president from 2008 to 2011, is accused of benefiting from a Nigerian crude oil
contract while in office.
He
has denied the charges and launched court action to win back immunity from
prosecution.
The
judge noted that her ruling would not stop criminal charges from going ahead.
"Civil
proceedings cannot arrest criminal proceedings," Sitali said.
Banda
was not in court Friday.
Only
his aide Mikatazo Wakumelo and eldest son Andrew appeared.
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