THE Lusaka High Court has set Thursday next week as date of ruling whether or not to allow Baba Kabaso popularly known as ‘Spax’ challenge his alleged unlawful detention.
Spax has applied for leave in the Lusaka High Court that a writ of habeas corpus be issued for his release following his detention on 26 February 2020.
He has sued the Attorney General and the Zambia Police Service claimed that he was being kept in custody without a charge and that his Constitutional rights against unlawful detention had been breached and will continue to be infringed.
Spax however, appeared in the Chingola Magistrate Court last Friday for his murder charge instead of the Lusaka High Court were the State was supposed to take him for hearing of his habeas corpus application.
And Mr Irvin Mulenga a partner in Messrs Mulenga and Associates said yesterday when the matter came up before High Court Judge Wilfred Muma that the murder charge of his client is null and void because it was done after a Writ of Habeas Corpus had been served on the police.
Mr. Mulenga said Spax had not been charged by police since his arrest on February 26 forcing his lawyers to serve a writ of habeas corpus on the police on March 10 for them to give reasons for his arrest and detention.
He argued that police however, late on the night of March 9 drove his client to Chingola where he appeared before the magistrate and was charged with murder.