The State Attorney and the Ministry of Forestry and DAOUDA SADOU, MANGANE ABDOULAYE, AWALOU ABDOULAYE and CISSE SAMBA

Country
Territorial subdivision
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2019
Abstract

The accused persons, CHINGO Zacharie and ADAMU YAYA were prosecuted before the court of First Instance Djoum for illegal detention and killing of totally protected animal species notably 03 bags containing 39 elephant ivories. These ivories, were placed in bags filled with cocoa and put in a truck in to which the co-offender Adamu Yaya was driving. They were arrested by conservation elments of the Dja Biosphere Reserve. On December 24 2014, the court passed judgement. It found the accused persons guilty, and sentenced them to four (04) months fixed term imprisonment, to pay 300,000 XAF for fines, 110,000 XAF for cost and to pay 9,000,000 XAF for civil damages. On December 24 2014, the court passed judgement. It found the accused persons guilty, and sentenced them to four (04) months fixed term imprisonment, to pay 300,000 XAF for fines, 110,000 XAF for cost and to pay 9,000,000 XAF for civil damages. Their lawyer, Barrister ALASSA MBOMBO acting on their account filed an appeal on the grounds that the the trial judge misrepresented and misunderstood the facts and as such wrongly convicted his clients. That his clients were not in any way contrary to the position of the law and just because the co-offender, Chingo was the owner of the truck in which the ivories were seized does not make him the owner of the ivories. Amadu Yaya claimed a certain She Emmanuel, the cargo boy was the one who packed the bags into the truck and he, Amadu the driver, was unaware of its contents. That it was wrong for the court to sentence them for the offences charged and urged the appeal court to annul the judgement. That if the appeal court still finds them criminally liable, both imprisonment terms and civil damages should be reduced given that the presiding judge did not base allocation of civil damages on any law. The matter was admitted and sent before the court for hearing.

Language of document
French
Reference number
No. 043/COR of 26 May 2020
Charges
Illegal killing & detention of trophies of totally protected animal species (elephant ivories, pangolin scales and leopard skin) and complicity.
Transnational
Yes
Decision
The Appeal Court reviewed the judgement of the lower court with regards to the imprisonment terms of the accused persons MANGANE ABDOULAYE, AWALOU ABDOULAYE and CISSE SAMBA as well as overturn the culpability of the accused DAOUDA SADOU.
Appealed
No
Penalty
The Appeal Court sentenced the accused persons DAOUDA SADOU, MANGANE ABDOULAYE, AWALOU ABDOULAYE and CISSE SAMBA to one year fixed imprisonment and to pay 99,500 XAF for cost.
Legislation cited
Law No.94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations