The lawyers contend that Mr Hichilema has been charged under a law which contravenes the constitution.
Defence Lawyer Sakwiba Sikota has submitted that the penal code in question is archaic and was used by the colonial regime to oppress the people of Northern Rhodesia.
Mr. Sikota says section 67 of the penal code was enacted in 1938 and last amended in 1958.
Mr. Hichilema is said to have alleged that the Patriotic Front had sent some youths to be trained as militias in Sudan
Another defense lawyer Jack Mwiimbu has told Lusaka chief resident magistrate Joshua Banda that Director of Public Prosecutions Mutembo Nchito abused his discretion by writing to the Inspector General of Police that Mr. Hichilema retracts his claims against the Government.
Mr Mwimbu has submitted that by his conduct, the DPP had consequently waived his right to prosecute Mr Hichilema’s case.
Meanwhile, the defence lawyers have also applied to take Mr Hichilema’s case to the High Court for determination of the constitutionality of the charge.
Lusaka Chief Resident Magistrate Banda has reserved ruling to Thursday this week.