The Public Prosecutor and Water and Forest Administration rep/Sieur NDONG NGUEMA Alain vs Makaya Jean Almed, Tidjani Idriss

Country
Territorial subdivision
Type of court
Seat of court
Libreville
Court jurisdiction
Date of opinion
2020
Abstract

In July 2020, informed of an impending transaction on ivory trafficking, the officers of the judicial police and the Waters and Forests provincial delegation of Nyanga supported by members of the NGO Conservation Justice were conducting an investigation, which succeeded in the arrest of the named MAKAYA Jean Almed and TIDJANI Idriss found in possession of four ivory tusks and sixteen teeth of hippopotamus in Tchibanga. During his interrogation, Makaya declared that he was approached by a Congolese named Mouwambi who gave him the ivory tusks and hippopotamus teeth to keep and in case he found a buyer to sell at XAF 55,000. He hid the products behind his house until Tidjani Idriss who was interested came to Mongo to collect them; together they put the products in a bag and took the road to Tchibanga to sell to one known as Youssef where they were caught by enforcement agents.

Language of document
French
Reference number
Decision No 024/2019-2020
Charges
Possession of ivory tusks, complicity in possession of ivory tusks and hippopotamus teeth.
Money value
XAF 55,000 (fifty five thousand)
Transnational
Yes
Decision
The accused were found guilty. - Concerning the possession of ivory tusks and hippo teeth: Makaya Jean was caught red handed; - Concerning the complicity of possession of ivory tusks and hippo teeh: Tidjani admitted the facts i.e. to have been an intermediary between Makaya and Youssef in the sale of trophies and to have helped Makaya in transporting the trophies from Mongo to Tchibanga.
Appealed
No
Penalty
The accused were sentenced to 2 years imprisonment including 1 year suspended and a fine of XAF 1,100,000 (one million one hundred thousand) included XAF 300,000 (three hundred thousand) suspended; The accused were sentenced to pay the sum of XAF 3,000,000 (three million) as damages and interest; The accused were ordered to pay the costs; The court ordered the seal 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