WhatsApp Evidence Could Clear Sampa, Court Adjourns Case

... Defence seeks production of key WhatsApp messages said to contain details that may exonerate the former MP in ongoing theft case.

By Francis Maingaila

Lusaka, Zambia24 - (18-07-2025) - The Lusaka Magistrates’ Court has adjourned to July 24, 2025, a theft case involving former Kasama Member of Parliament (MP) Kelvin Sampa to allow the State to respond to an application from the defence seeking the production of WhatsApp messages that may exonerate the accused.

Sampa, 52, is jointly charged with 45-year-old police officer Richard Shula for allegedly stealing US$5,600 and K6,600 from Nigerian businessman Augustus Inyang Akpan on January 5, 2024, in Lusaka. The matter is being presided over by Magistrate Kawama Mwamfuli.

Sampa faces a charge of theft contrary to Section 272 of the Penal Code, while Shula is charged with theft by public servant under Sections 272 and 277. Both have pleaded not guilty.

During cross-examination on Friday, Akpan admitted that the US$5,600 at the centre of the case originated from a US$10,000 deposit he made into a Pan-African Bank account belonging to his business partner, Jane Sakala. 

He clarified that Sampa was neither present nor involved in the transaction and had not instructed the deposit.

Akpan further revealed that the arrangement was initiated by Sakala after he insisted on inspecting the product before releasing payment. 

He testified that he was advised to make the deposit in the interim, pending delivery, and that the transaction was structured on a “carry and take” basis.

When asked to provide proof, Akpan said the details were contained in a WhatsApp chat that he had not submitted to the court because no one had requested it. 

This prompted the defence to file an application to compel the complainant to produce the messages, arguing that the contents could potentially clear the accused.

Magistrate Mwamfuli granted the State more time to respond to the application and adjourned the matter to July 24.

Meanwhile, court proceedings in the case have taken a new twist following the presentation of key documentary evidence by the defence that contradicted the complainant’s claims—specifically regarding ownership of a mineral testing machine and the nature of the disputed US$5,600 transaction.

The case, which centres on allegations that Sampa stole equipment and funds related to a joint business venture with Akpan, entered a critical phase on Friday. 

Defence lawyers introduced documents suggesting that the mineral testing machine was not Akpan’s property but belonged to a Chinese national identified only as Mr. Tom.

Court records submitted include ownership documents, receipts, and payment confirmations, all bearing Mr. Tom’s name. The Chinese businessman also appears to be connected to a Toyota Fortuner vehicle involved in the same set of transactions.

Under cross-examination, a visibly unsettled Akpan conceded, “I am astonished to see these papers,” when confronted with the documents. 

The defence responded with, “We are happy that you are astonished,” to underscore inconsistencies in his testimony.

Further scrutiny was applied to the US$5,600 Akpan claims was stolen. The defence argued that bank records show the funds may be part of a separate transaction unrelated to the business deal as described by the complainant.

Additionally, questions were raised about the mineral testing machine’s valuation. 

The defence pointed out that the amount verbally quoted by Akpan differed from the figures listed in the official documents before court.

The court is expected to rule on the admissibility of the WhatsApp messages when the matter resumes on July 24, alongside the State’s response to a constitutional application earlier filed by the defence.