The Economic and Financial Crimes Court (EFCC) has rejected an application by Director of Public Prosecutions (DPP) Gilbert Phiri, which sought the forfeiture of properties valued at K91 million belonging to former Zambia Air Force (ZAF) Commander, Lieutenant General Eric Chimese.
The ruling, delivered by High Court Judges Pixie Yangailo, Anna Ononuju, and Vincent Siloka, cited procedural lapses by the DPP in serving notice to all interested parties as required by the Forfeiture of Proceeds of Crime Act.
The court noted that despite being given an opportunity to rectify initial lapses, the DPP failed to properly notify the respondents within the required timeframe and did not publish the notice in the Government Gazette or a widely circulated newspaper.
The judges ruled that this failure rendered the proceedings irregular and prejudiced the respondents.
Chimese, along with his wife Sharon Gray, James Chungu, director of Chita Lodge Limited, and Hector Chimese, opposed the forfeiture application, arguing that the properties, including a farm in the Eureka Baobab area, were lawfully acquired.
They also contended that the DPP’s valuation reports reflected current market values rather than the original construction costs.
The court upheld the respondents’ argument that the DPP’s procedural missteps warranted dismissal of the case.
