The State Attorney and the Ministry of Forestry and Wildlife vs. OKPWA'A David, AKOULOU Achille Noel and NNANGA Jean Richard

Country
Territorial subdivision
Type of court
Seat of court
Djoum
Court jurisdiction
Date of opinion
2012
Abstract

Following the order of the examining magistrate of 27 January 2012, the accused persons OKPWA'A David, AKOULOU Achille Noel and NNANGA Jean Richard were summoned before the Court of First Instance, Djoum to answer charges of hunting in a protected area with a prohibited weapon, holding a firearm without authorization, and complicity to hunting in a protected area with a prohibited weapon respectively. On the 09 May 2011, a team composed of elements of the Conservation service of the Dja Biosphere Reserve (South Antenna) and the World Wide Fund (WWF) visited the above-mentioned reserve to tag elephants. During their mission, they surprised the accused persons following the tracks of elephants. After the escape of his companions, OKPWA'A admitted the facts against him and said that he received the weapon found in his possession from NNANGA Jean Richard who asked him to go hunting with him. NNANGA Jean Richard denied the facts of complicity in hunting in a protected area with a prohibited weapon, but nevertheless admitted having given the hunting weapon to OKPWA'A. AKOULOU Achille on the other hand admitted the facts of unlawful possession of a weapon at the preliminary investigation before denying them at examination. During interrogation, the accused persons acknowledged committing the offences as charged but failed to appear before the court. At the close of interrogations, they were transmitted before the State Attorney for prosecution. The weapon seize from them was given to the local administrative authorities per article 237(4) of the penal code.

Language of document
French
Reference number
No. 153/COR
Charges
Hunting in a protected area with a prohibited weapon; detention of a firearm without authorization; and complicity to hunting in a protected area with a prohibited weapon.
Transnational
No
Decision
The accused persons OKPWA'A David, AKOULOU Achille Noel and NNANGA Jean Richard were found guilty as charged.
Appealed
No
Penalty
OKPWA'A David was sentenced to one (01) year fixed term imprisonment. AKOULOU Achille Noel and NNANGA Jean Richard were both sentenced to two (02) months fixed term imprisonment each. All accused were sentenced to pay 279,775 XAF for costs.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations