During 2009, Ndong Messiam Alain killed a leopard caught in his traps, ate the meat and offered the skin to his boss. One year later, the wife of the latter was contacted by Lyady Yessirath Ola Woyin to find a leopard and she proposed the said skin at XAF 80,000 (eighty thousand). With two other skins acquired from a hunter Lyady Yessirath contacted one known as Thomas to sell him the three skins at XAF 750,000 (seven hundred and fifty thousand). It’s at the place agreed for the delivery of the tusks and payment of the price that she was arrested. Her interrogation led to the arrest of the lady who sold her one skin and couldn’t remember the identity of the hunters who sold her the two other skins. The interrogation of that lady led to the arrest of Ndong Messiam Alain who admitted to have killed one leopard.
The Public Prosecutor and Ministry of Water and Forest rep/Ndong Nguema Alain vs Lyady Yessirath Ola Woyin, Ndong Messiam Alain
Country
Territorial subdivision
Type of court
Seat of court
Libreville
Court jurisdiction
Date of opinion
2020
Abstract
Language of document
French
Reference number
Decision No 042/2020-2021
Charges
Possession, transport and attempt to trade in trophies of fully protected species, lack of resident permit.
Species
Money value
XAF 750,000 (seven hundred and fifty thousand)
Transnational
Yes
Decision
Lyady Yessirath Ola Woyin was found not guilty of tranport and guilty of trade in products from fully protected species; Ndong Messiam Alain was found not guilty of transport and trade in products from fully protected species and guilty of killing of a fully protected specie and lack of resident permit. - Concerning the transport of trophies of protected species: the offence is not provided by the law; - Concerning the trade in products of protected species: • Lyady Yessirath Ola Woyin admitted the facts and was caught red handed when she was about to deliver the products and collect the price that was already agreed; • No evidence permitted to establish the liability of Ndong Messiam Alain for this offence and Lyady Yessirath declared to not know him; - Concerning the killing of a fully protected specie: although the accused didn’t choose to kill the animal that he found in his traps, he failed to declare the finding to the competent administration; - Concerning the lack of resident permit: Ndong Messiam Alain was caught red handed living in Gabon since five years without a resident permit; - Concerning the civil claim: the amount requested by the wildlife administration (i.e. XAF 20,000,000 – twenty million) appeared to be exaggerated.
Appealed
No
Penalty
Lyady Yessirath Ola Woyin and Ndong Messiam Alain were sentenced to 6 months imprisonment; a fine of XAF 500,000 (five hundred thousand); The accused were sentenced to pay the sum of XAF 2,000,000 (two million) as civil damages; The accused were sentenced to pay the costs; The court ordered the sealed products to be made available to the competent administration.
Legislation cited
Decree No 163/PR/MEF setting the conditions for the possession, transport and trade in wild animal species, trophies and hunting products