The article that was recently published discusses the Matata Ponyo case and the reaction of his lawyer to the summons issued against the senator. Me Raphaël Nyabirungu, chief lawyer of the collective of lawyers of Senator Matata Ponyo, held a press briefing to denounce the illegality of this warrant to appear.
According to Me Nyabirungu, three hypotheses can concern Matata Ponyo: either he is being prosecuted as prime minister, or as a former prime minister, or as a senator. He points out that the Public Prosecutor’s Office must obtain the approval of a two-thirds majority of the members of parliament to prosecute a prime minister in accordance with Article 166 of the Constitution. However, this was not done in the case of Matata Ponyo.
If the summons concerns offenses committed in the exercise of his functions, the lawyer argues that the Constitutional Court does not have jurisdiction to try them, as confirmed by a judgment rendered in November 2022 in the Bukanga case. Lonzo. In addition, the lawyer recalls that Matata Ponyo is a senator and therefore the Court of Cassation is his natural judge.
Me Raphaël Nyabirungu also claims that the Bukanga Lonzo case is over and that it is against the rules to revive this case through a warrant to appear. According to him, this mandate is null and void, because it violates the Constitution and the established jurisprudence of the Constitutional Court.
In conclusion, the lawyer denounces the summons as being illegal and without legal basis. He accuses the General Prosecutor’s Office of making the same mistake as in the Bukanga Lonzo case and calls for respect for the authority of res judicata in criminal proceedings.
This reaction from Matata Ponyo’s lawyer raises questions about the legality and the procedure followed in this case