Constitutional Court Dismisses Petition Against President Hichilema's Nomination

The full bench of the Constitutional Court has dismissed a petition challenging President Hakainde Hichilema's nomination for the 2026 presidential election, ruling that the petitioner had not made the case.

Delivering the judgment on behalf of the panel, Judge Martin Musaluke said the petitioner had failed to provide sufficient evidence that the President did not meet the constitutional requirements for nomination. A presidential nomination, he explained, can only be challenged under Article 52(4) of the Constitution where a candidate fails to satisfy the qualifications set out in Article 100.

Crucially, the Court found that allegations over whether the UPND Constitution had been breached during the party's convention could not be grounds for invalidating the nomination. Internal party matters, Judge Musaluke said, have no bearing on Article 100, which governs the qualifications for presidential candidates.

The ruling drew measured responses from both sides. Speaking afterwards, former Foreign Affairs Minister Mulambo Haimbe, part of the team representing the President, said the Court had offered clear guidance on the requirements for presidential nominations. Fellow defence lawyers Michael Moono and Keith Mweemba agreed, noting that the judgment had clarified the narrow grounds on which a nomination may be challenged, and established that internal party disputes cannot be among them.

UPND Secretary-General Batuke Imenda echoed the point, stressing that the issues raised concerned the party's own constitution, not the Republican one. Even the petitioner's lawyer, Benjamin Mwelwa, welcomed the clarity the judgment had brought.