This is contained in a ruling on judicial review case on the attempt to send on forced leave pending retirement Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea.
Mutharika is said to have made the remarks in his last State-of-the-Nation (Sona) address to Parliament in June this year when he persuaded lawmakers to reverse the court ruling that nullified the 2019 elections.
Delivering the ruling, Judge Charles Mkandawire dismissed Mutharika, saying his assertion was misleading the public as only the Constitution is supreme in Malawi and that give all the three arms of government – the Executive, the Judiciary and the Legislature – equal separate statuses.
“With due respect, I see nowhere in the Constitution of Malawi or any other law in Malawi where it said that Parliament is more supreme above the court,” said Mkandawire in his ruling which was delivered last Thursday in Lilongwe.
The judge said Mutharika “deliberately wanted to mislead the citizens of Malawi.”
He said what Mutharika said in his Sona “has no grain of truth at all.”