Mnangagwa's inauguration on Sunday now, of course, won't go ahead as planned.
"Our legal team successfully filed our court papers".
Police were looking for Biti and eight other opposition leaders for allegedly fomenting violence following the disputed national election.
ZEC declared that Mnangagwa won the election with 50.8 percent of the vote while Chamisa was said to have come second with 44.3 percent of the vote.
The MDC accuses Mr Mnangagwa's ruling ZANU-PF party of rigging the vote, the first poll since long-time president Robert Mugabe was ousted in November.More news: Mauricio Pochettino says his side are BOLD for not signing anyone
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"In the alternative, we seek that there be another election which complies with the dictates of the law", Mpofu said.
Analysts say the legal challenge has little chance of success given the courts' historic tilt towards the ZANU-PF, which has ruled since independence from British colonial rule in 1980.
The aftermath of the polls has been marred by allegations by rights groups as well as by the MDC of a crackdown on opposition members, including beatings and arrests. Six died after soldiers opened fire on the protesters in a response the opposition alliance called "disproportionate and unjustified".
"The concerns on the welfare of Tendai Biti are foremost in the minds of many in the worldwide community; you have seen a statement from the EU, Canada, Australia and the US", he said while referring to an earlier statement by in which the western countries called on authorities to stick to the confines of the law in handling alleged political violations by the opposition.
Tendai Biti was released earlier today following my intervention.
We are also deeply concerned that Zambia chose to hand over former Minister of Finance Tendai Biti to the Zimbabwean authorities, and in the face of a reported Zambian court order blocking his expulsion from Zambia.