In February 2020 at Cocobeach, while he was at his house ETOUGHE NGUEMA Philibert BEKALE was approached by ENGONE Jean who offered to sale him two ivory tusks removed from an elephant carcass in a state of decay. After they have agreed on the price, ETOUGHE gave to ENGONE XAF 140,000 (one hundred and forty thousand) for eight ivory tusks and kept the products in his house. In the meantime, NDONG Sébastien was arrested for having shot one elephant in November 2018 who was destroying the farm of Mrs Ayito. He declared that the animal didn’t fall after the gunshot but rather ran away in the forest. ENGONE recognized to have sold products from a totally protected specie and facilitated their possession. He further declared that as an Equato-guinean he was not in possession of a resident permit. ETOUGHE recognized to have possessed ivory tusks that he bought from ENGONE.
The Public Prosecutor and Ministry of Water and Forests vs BEKALE NDONG Sébastien, ENGONE Jean, ETOUGHE NGUEMA Philibert
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 019/2019-2020
Charges
Killing of a protected specie, sale and complicity of possession of ivory tusks, possession of ivory tusks, lack of residence permit
Species
Transnational
Yes
Decision
BEKALE NDONG Sébastien was found not guilty of killing a fully protected specie; ENGONE Jean was found guilty of sale and complicity of possession of ivory tusks; ETOUGHE NGUEMA Philibert was found guilty of possession of ivory tusks.
Appealed
No
Penalty
ENGONE Jean and ETOUGHE NGUEMA Philibert were sentenced each to 24 months imprisonment including 19 months suspended; Both accused were sentenced to a fine of XAF 1,400,000 (one million four hundred thousand) including XAF 1,100,000 (one million one hundred) suspended; 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
Forest Code