The State Attorney and the Ministry of Forestry and Wildlife vs Samuel OULEDE Celestin, MOHAMADOU MOURTALA, GODOM Dieudonné, BINTSOE Alfred, and NGUE Luc Ruben

Country
Territorial subdivision
Type of court
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2015
Abstract

In the month of July 2013, the accused Godom Dieudionné approached Samuel Oulede, a military officer to give his war arm and ammunitions to the accused Mohamadou Mortala that he did. Once Mohamadou was in possession of the said arms, he gave them to Bintsoe Alfred to hunt elephants and deliver the ivories to Samuel Oulede. Bintsoe after realizing that the said arms did not meet his desires contacted Ngue Luc to return the arm to Mohamadou. The named Bendeke PORE got wind of all the underlying illegal transactions between the culprits and contacted the Moloundou gendarmerie denouncing them. In August 2013, the gendarmerie of Moloundou proceeded to arrest Bintsoe Alfred and Ngue Luc Ruben with the said arms and ammunitions and eventually all the other offenders. Samuel Oulede was charged with violating the military code of conduct, acting in a contrary manner affecting military dignity and misappropriation of military equipment intended for service. The other co-offenders were charged with the illegal detention of a war arm and ammunitions, aiding and abetting the detention of war arms, and attempt to hunt protected species without permit using war arms and ammunitions. They all acknowledged committing the offence as charged and confessed. After interrogation, they were all brought before the state prosecutor with the seized exhibits for prosecution.

Language of document
French
Reference number
No. 046/15
Charges
Violating military code of conduct and acting in a contrary manner affecting military dignity, misappropriation of military equipment, illegal detention of a war arm and ammunitions, aiding and abetting the detention of war arms, and attempt to hunt protected species without permit using war arms and ammunitions.
Money value
Unknown
Transnational
No
Decision
They were found guilty of violating military code of conduct & misappropriation of military equipment, illegal detention of a war arm and ammunitions, complicity in the illegal detention of a war arm and ammunitions, and attempt to poach. Samuel Oulede was sentenced to two (2) years, Mohamdou Mortala and Godom Dieudonné to one (1) year each, Bintsoe Alfred to thirty (30) months, and Ngue Luc Ruben to six (6) months fixed imprisonment terms. They were to pay 150.000 XAF for costs.
Appealed
No
Legislation cited
Penal Code, secs. 74, 94, 97, 237
Military Justice Code, secs. 203, 218
Law No. 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, sec. 87