The State Attorney and the Ministry of Forestry and Wildlife vs ZAKARI DAOUDA AYATOU, HAYATOU, and ABOUBAKAR IBRAHIM

Country
Territorial subdivision
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2018
Abstract

On the 11 March 2017, the East regional delegation of Forestry and Wildlife were contacted by the service of Customs about the seizure of 177 elephant tusks. They accused persons were arrested while waiting for IBRAHIM AOUDOU a custom officer who had to give them safe passage. They were prosecuted before the Court of First Instance, Bertoua for illegal killing of totally protected animal species (Elephants) and illegal detention and circulation of their trophies. ZAKARI Daouda and Aboubakar were found guilty and sentenced to 4 and 3 months imprisonment terms respectively while HAYATOU was discharged and acquitted for lack of insufficient incriminating evidence against him. They were all to pay 13.891.090 for costs, and 253.575.000 XAF for civil damages. The legal department and Ministry of Forestry and Wildlife both filed an appeal for the review of the pecuniary and penitentiary sentence. The accused also filed an appeal against the decision laying claims that they were acting under instructions of the owners (ISSIAKA ABDOURAMAN alias Boban, ABOUBAKAR ALLASAN alias Bebe and ALHADJI ALI alias Coco) owners of the ivory loot. It was based on all this that the matter was admitted and enrolled before the East Court of Appeal.

Language of document
French
Reference number
No. 074/COR
Charges
Illegal killing of totally protected animal species (Elephants) and illegal detention and circulation of their trophies (177 Ivory tusks)
Money value
Unknown
Transnational
No
Decision
The appeal of the legal department and the Ministry of Forestry and Wildlife, was and the court reviewed the penitentiary sentence of the lower court. They were sentenced to 15 months each. The initial costs and civil damages awarded at the lower court was maintained. The Court admitted that the owners of the ivories ISSIAKA ABDOURAMAN alias Boban, ABOUBAKAR ALLASAN alias Bebe and ALHADJI ALI alias Coco all belong to the same notorious network, were held civilly responsible and sentenced to pay 2.616.760 XAF for costs.
Appealed
No
Legislation cited
Penal code, secs. 74, 101, 153, 158
Law No. 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations