Country
Territorial subdivision
Type of court
Seat of court
Libreville
Court jurisdiction
Date of opinion
2019
Abstract
On October 12, 2019 at the handicraft village, judicial police officers arrested MABALA SECK Fall, DAFE Samba and NGUEYE Mbalo in possession of jewellery made from elephant hair, products from a fully protected specie. During the interrogation, MABALA SECK Fall admitted to have possessed elephant hair but that the twelve jewels belonged to his elder brother who gave him the management of the shop. DAFE Samba and NGUEYE Mbalo also admitted to have illegally possessed elephant hair but declared that they didn’t know that it was forbidden to transport, possess and trade in trophies from fully protected species.
Language of document
French
Reference number
Decision No 003/2019-2020
Charges
Illegal possession of trophies from fully protected species
Species
Transnational
Yes
Decision
MABALA was found not guilty of illegal possession of trophies from fully protected species; DAFE SAMBA and NGUEYE MBALO were found guilty of illegal possession of trophies from fully protected species. - Concerning the illegal possession of trophies from fully protected species: • Concerning Mabala: although caught red handed with the jewels the accused was not the owner of the products; the real owner is his elder brother who only gave him the management of the shop in his absence; no element of the case file permitted to establish his liability in this case; • Concerning Adafe Samba and Ngueye Mbalo: the accused were caught red handed; although they tried to justify the possession by the fact that they were not aware of the facts that this was forbidden, this was not retained by the court since they are many sensitization activities conducted by the authorities.
Appealed
No
Penalty
DAFE SAMBA and NGUEYE MBALO were sentenced each to 45 days imprisonment and XAF 300,000 (three hundred thousand) and 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