High Court rules in favour of businessman Ashok Nair over his re-arrest

The High Court in Lilongwe has ruled that graft busting body, the Anti-Corruption Bureau (ACB) should not re-arrest Ashok Nair in a long running case involving United Kingdom based businessman Sattar.

Judge Redson Kapindu also ruled that ACB should not put Nair into detention.

This follows a judicial review application filed by Nair’s lawyer, Michael Goba Chipeta that the enforcement of an earlier judgment by the same court on 30th May 2022, be suspended until a determination by the Supreme Court of Appeal on another interpartes application by former Minister of Lands Kezzie Msukwa on stay of judgement is heard.

In his ruling Justice Redson Kapindu said: “Should the Supreme Court of Appeal determine that its temporary order of stay in respect of the 1st claimant (Msukwa) granted on 13th June, 2022 be sustained; and that such order of stay should subsist until the determination of the substantive appeal herein, the present order of suspension of enforcement of this court’s judgment in respect of the 2nd claimant herein shall likewise subsist until the determination of such
appeal.”

In an interview, Goba Chipeta said the ruling means the whole judgement is stayed and his client is free.

The ruling follows squabbles about granting on consent to prosecute between the offices of the Director General of the ACB and Director of Public Prosecutions Dr Steve Kayuni.

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