The State Attorney and the Ministry of Forestry and Wildlife vs NGONGHO Francis SENGHO

Country
Territorial subdivision
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2017
Abstract

In 2015, the accused NGONGHO Francis SENGHO was arrested flagrante delicto by elements of the conservation service of the Divisional Delegation of Forestry and Wildlife, Batouri. He was found in possession of trophies of totally protected animal species (Gorilla and Chimpanzees). He was prosecuted before the Court of First Instance, Batouri and was sentenced to one (1) year suspended imprisonment term within 3 years and 100.000 XAF for fines. The Ministry of Forestry and Wildlife was dissatisfied with the Judgement and filed an appeal for the award of civil damages for the prejudice suffered by the State following the loss of the animals. It was based on this that the matter was admitted and enrolled before the East Court of Appeal.

Language of document
French
Reference number
No. 25/COR
Charges
Illegal detention and circulation of trophies of totally protected animal species (Gorilla and Chimpanzee skulls)
Species
Money value
Unknown
Transnational
No
Decision
The Court of Appeal acknowledged the grounds of appeal and given that only the civil party filed for an appeal as per the law, the Court of Appeal could only review the civil damages awarded. It affirmed the grounds of appeal of the civil damages claimed by the Ministry of Forestry and Wildlife as justifiable and reviewed the civil damages awarded by the lower court. The accused was sentenced to pay 40.779.500XAF as civil damages to the state of Cameroon represented by the Ministry of Forestry and Wildlife
Appealed
No
Legislation cited
Penal Code
Law No 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations