In a new article, we address the reaction of the lawyers of former Prime Minister Matata Ponyo following the summons issued by the Attorney General at the Constitutional Court. During a press conference, Professor Nyabirungu Mwene Songa questioned the legality of this arrest warrant. According to him, the Constitutional Court is not competent to judge his client, and the warrant to appear would therefore be null and void.
Professor Nyabirungu Mwene Songa also pointed out that the summons could be declared invalid if it concerns new offenses committed outside the functions of Matata Ponyo. According to him, the Constitutional Court does not have the power to judge such cases, in accordance with the constitution and its own jurisprudence. These declarations follow the declaration of the Constitutional Court declining its competence to judge the former Prime Minister.
Referring to Article 168 of the Constitution, the lawyer also accused the Attorney General of violating the authority of res judicata attached to court decisions. According to him, the judicial authorities refuse to submit to the decision of the Constitutional Court, which constitutes a violation of the law.
These new lawsuits against Matata Ponyo are linked to the case of the Bukangalonzo agro-industrial park, where more than 250 million USD have allegedly been embezzled. The former Prime Minister is also accused of embezzlement of funds intended to compensate the former owners of Zairianized property.
Matata Ponyo denounces this procedure as an attempt to eliminate him from the presidential race of 2023. According to him, the Constitutional Court has already declared itself incompetent to judge him, which calls into question the legitimacy of these new prosecutions.
This affair is arousing a lively controversy in the Democratic Republic of Congo. Matata Ponyo’s lawyers continue to fight the charges against their client, while the judicial authorities persist in their desire to prosecute him. The outcome of this case is still uncertain, but it raises questions about respect for judicial authority and the fairness of the legal system in the country.