Chibebe v Attorney General (HP 525 of 2016) [2016] ZMHC 88 (7 April 2016)

IN THE HIGH COURT OF ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CRIMINAL JURISDICTION) 2016/HP/0525 IN THE MATTER OF: APPLICATION FOR A WRIT OF HABEAS CORPUS AND IN THE MATTER OF: SHADRICK CHIBEBE BETWEEN: SHADRICK CHIBEBE AND THE ATTORNEY GENERAL APPLICANT RESPONDENT Before the Han. Mr. Justice E. M. Sikazwe in Chambers. For the Applicant: Mr. N. Chanda - Messrs Nicholas Chanda & Advocates For the Respondent: Mr C. N'goma - National Prosecution Authority This is an application by the Applicant for leave to issue Writ of Habeas Corpus filed into Court Ex-parte on 18th March, 2016 and supported by an Affidavit sworn by One Shadrick Chibebe. The Applicant deposed in the Affidavit that he was arrested on the 22nd February, 2016 and detained at Woodlands Police Station. That following his detention, the Police had only administered a Warn and Caution Statement, however, since the date of his arrest, the Deponent has not or at all appeared before court for the explanation of the charge. The matter was scheduled for hearing and heard on the 5th April, 2016. Upon hearing Counsel for the Applicant and the submissions by the State Advocate IT IS HEREBY ORDERED that the body of the said SHADRICK CHIBEBE be brought before Court within the next Seven (7) days from the date hereof. That he be accordingly charged. In default thereof, this Court shall release the said SHADRICK CHIBEBE forthwith in accordance with the Constitutional Requirements. _ Dated this .....9!~yof .........•....................... 2016 . . R2.