A panel of three Economic and Financial Crimes Court (EFCC) has refused to stay(halt) execution of judgement which allowed forfeiture to the State of Tasila Lungu’s K8million farm.

The judges dismissed the daughter of former President Edgar Lungu’s application for stay of execution of it’s September 17, 2024 judgement for lack of exceptional circumstances for it to grant the plea.

In their ruling, the judges said Ms Lungu, the interested party in the case, has not adduced special circumstances to enable the court exercise our discretion to grant a stay of execution of judgment dated September 17, 2024 pending hearing and determination of the appeal.

“Stay of execution is declined”.

In this matter, Director of Public Prosecutions Gilbert Phiri filed a notice of motion seeking forfeiture of Ms Lungu’s farm for being suspected crime proceeds.

During submissions, the court found that Ms Lungu’s income during the period under review was K154, 200, an amount far short of what would be needed to afford the K8million farm.

Further, investigations into the case showed a financial gap between her income and the value of the farm, with over K7.9 million remaining unexplained.

EFCC then arrived at a decision that the farm in issue be forfeited to the State.

But Ms Lungu rushed to the Court of appeal and challenged the EFCC’s decision to have her farm grabbed from her by the State.

She also applied that the execution of judgement allowing her farms forfeiture be stayed until her appeal is heard by the Court of Appeal.

However, Judges Susan Wanjelani, Vincent Siloka and Pixie Yanagailo have refused to stay execution of judgement. This means the State should proceed to grab the farm.

“A stay of execution is a discretionary remedy granted on exceptional circumstances. As regards to exceptional circumstances, it is for the applicant to clearly demonstrate the basis or grounds upon which a stay should be granted.

“In our considered view, we cannot exercise our discretion to grant the stay of execution because the appeal has no prospects of success”.

The judges further added that the issues that Ms Lungu seeks to rely upon in her appeal do not constitute special or exceptional circumstances on which the court may grant a stay of execution of the judgment.

Ms Lungu, who is abroad, is on most wanted list by the Drug Enforcement Commission, who had earlier issued her a call out.