The two accused persons ANGO ANGO Jean Claude and ENDELE NNANGA Leonce Fernand were summoned before the court of First Instance, Djoum on separate proceedings to answer for charges against them respectively. ANGO ANGO Jean Claude was charge with hunting with a permit, illegal killing of totally protected class A animal species, detention and circulation of trophies of totally protected class A animal species, and carrying and detention of firearm and ammunitions. While ENDELE NNANGA Leonce Fernand was charged with complicity to detention and circulation of trophies of totally protected class A animal species, complicity to hunting without permit, and complicity to carrying and detention of firearm and ammunitions. Considering that the facts of the two cases are closely connected, the court decided to join the cases by judgement No. 29/COR/ADD of 05 February 2019 to be tried as one. ENDELE NNANGA Leonce Fernand who was present during court session as opposed to his co-accused ANGO ANGO Jean Claude pleaded not guilty to all counts. ABEGA MENYE Joseph a witness for the state attorney presented his testimony and reveal that, on the 11 December 2017 in Djoum, the Dja Biosphere reserve services received information reporting the departure of a large shipment of ivory on the Djoum-Oveng axis. They made the necessary dispositions and moved onto the axis to stop any suspicious vehicle. While on this axis the first vehicle that was searched carrying NDELE NNANGA et PEKASSA PEPOUERE ADAMOU, nothing suspicious was found in it. The second vehicle refuse to heed to their instruction to stop and in their pursuit of this vehicle, they lost track of it. However, returning to their base, they were hinted by their informant of the exact position of the suspected vehicle and arriving at this position, they found the vehicle in the Minko’o pigmy camp with the booth widely opened and nobody around. Firing a few warning shots, an individual appeared out of the bush. While escorting this individual and the booty in their service car, he presented himself as being Colonel ANGO ANGO Jean Claude, on duty at the State Secretariat for Defense. Also arrested the driver of the vehicle which was a military vehicle with matriculation No. 21291310. On interrogation, the officer claimed to have been approached by his nephew ENDELE NNANGA Leonce Fernand to transport in his vehicle the ivory points on behalf of his friend PEKASSA PEPOUERE ADAMOU, who was arrested a few hours later. The count of the booty gave 216 ivory points of various size and 81 elephant tails. The court noted that the use of a military vehicle by Colonel ANGO ANGO Jean Claude violated the ministerial memo No. 00734/NS/MINDEF/01 of 05 April 1994 which specifies that all military vehicles shall henceforth be subject to regulated exits by the granting of documents authorizing and specifying the mission. Considering that the accused ANGO ANGO Jean Claude violated this ministerial instruction caused the court to requalify the charges against him to include violation of instruction, hunting with a permit, illegal killing of totally protected class A animal species, detention and circulation of trophies of totally protected class A animal species, and carrying and detention of firearm and ammunitions. At the close of interrogations, the accused persons were transmitted before the State Attorney for prosecution.
Country
Territorial subdivision
Court
Type of court
Seat of court
Djoum
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
French
Reference number
No. 226/COR of 26 November 2019
Charges
Hunting without a permit or license, killing of totally protected class A animal species; illegal detention and circulation of trophies of totally protected class A animal species; carrying and detention of firearms and ammunitions, and complicity.
Species
Transnational
No
Decision
The court declared itself materially incompetent to prosecute the accused persons. The court stated that the requalification of the offense to include violation of military instructions falls within the competence of the military court and taking into account the complexity and indivisibility of the facts, the court found it necessary to declare itself incompetent pursuant to article 362(3) of the Criminal Procedure Code and referred the matter to the military court.
Appealed
No
Penalty
None.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations