This is in a matter where President Lungu, Vice President-Elect Inonge Wina, Electoral Commission of Zambia-ECZ and Attorney General Likando Kalaluka as respondents are defending the victory declaration of the August 11 presidential election.
The respondents have contended that the petition must be struck out on grounds of irregularity and lack of jurisdiction.
They have contended that the petition is scandalous and may prejudice, embarrass or delay the fair trial of the matter because the petitioners have invoked two distinct conflicting and mutually exclusive articles 101 and 103 of the amended constitution.
The respondents have contended that any reference to 103 must be struck out.
This is according to the Notice of Motion to Strike Out Portions of the 2016 Presidential Electoral Petition filed in the Constitutional Court before Justice Annie Sitali.
The respondents have also contended that the petition’s pleading is global and cast in general terms, rendering it scandalous, frivolous and vexatious.
They have argued that such a status quo may delay the fair trial of the matter.
The respondents have also contended that the petition does not comply with the provisions of Order 14 rule 1 sub-rule two -C of the Constitutional Court.
They have further argued that the affidavit Verifying Facts is incompetent as it does not conform to order 6 rule 17 of the constitutional court.
The Petitioners -United Party for National Development -UPND President Hakainde Hichilema and Party Vice President for Administration Geofrey Mwamba who was his Running Mate during the general elections, filed the Petition last Friday..
They want the constitutional Court to nullify the election of President Elect Edgar Lungu and Vice President-Elect Inonge Wina who was his Running Mate.
They have alleged that President Elect Edgar Lungu did not get the 50 Plus one Electoral Threshold for the Winning Presidential Candidate.
The petitioners have also advanced allegations of irregularities in the electoral process during the August 11,2016 General Election.
The Electoral Commission of Zambia-ECZ declared President Elect Edgar Lungu as a winner of the 2016 Presidential Election on August 15,2016.