The Public Prosecutor and Water and Forest Administration vs Diallo Ousmane, Maganga Koumba Corsini, Manfoumbi Patrick, Doumbamba Bibalou Théo, Ndembi Manfoumbi Brice, Koumba Mouketou Basile.

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

On October 13, 2017, Water and Forets administration officials were informed that individuals residing in the towns of Ndendé and Mouila were killing, possessing, transporting and trading in trophies of fully protected animal species and that a transaction of the so-called products was to be made in a hotel in Mouila on 16 October 2017. On that day, Water and Forests agents together with military officials and with support from NGO Conservation Justice went to the area where they apprehended Maganga Koumba Corsini, Ndembi Manfoumbi Brice and Nziengui Gaël in possession of three panther skins, one elephant tail and one leopard skin who were trying to sell to Moubamba Bibalou Théo, and Koumba Mouketou Basile and Diallo Ousmane who were also arrested on October 17 and 22 respectively at Ndende. The accused recognized to have killed, possessed, sold and transported products from fully protected species respectively. Diallo Ousmane further recognized to have lived in Gabon since 2012 without a resident permit.

Language of document
French
Reference number
Decision No 002/2017-2018
Charges
Sale, detention, transport, complicity Sale of products from fully protected species
Transnational
Yes
Decision
Maganga Koumba Corsini was found not guilty of transport of products from fully protected species; Diallo Ousmane and Koumba Mouketou were found not guilty of complicity of trade in products from fully protected species; Manfoumbi Patrick, Doumbamba Bibalou Théo, Ndembi Manfoumbi Brice were found guilty of hunting fully protected species; Maganga Koumba Corsini, Manfoumbi Patrick, Doumbamba Bibalou Théo, Ndembi Manfoumbi Brice, Koumba Mouketou Basile were found guilty of possession of products from fully protected species; Diallo Ousmane was found guilty of lack of a residence permit.
Appealed
No
Penalty
Manfoumbi Patrick, Doumbamba Bibalou Théo, Ndembi Manfoumbi Brice were sentenced to 06 months imprisonment including three months suspended and to a fine of XAF 200,000 (two hundred thousand); Koumba Mouketou Basile and Diallo Ousmane were sentenced to 06 months imprisonment including four months suspended and to a fine of XAF 100,000 (one hundred thousand); Koumba Mouketou was sentenced to one month imprisonment suspended; Diallo Ousmane was expelled from the national territory; Diallo Ousmane, Maganga Koumba Corsini, Manfoumbi Patrick, Doumbamba Bibalou Théo, Ndembi Manfoumbi Brice, Koumba Mouketou were sentenced to pay each XAF 200,000 (two hundred thousand) as civil damages to the Ministry of water and forests.
Legislation cited
Decree N°162/PR/MEF of 19 January 2011 determining the procedures for recording and punishing certain offences in the field of water and forests
Forest Code