On October 18, 2017, water and forest administration officials of Ngounié were informed that a transaction of products of fully protected species was to be made in a motel in Mouila. They apprehended Moussoumanguila Moucketou Maxime who was about to deliver two ivory tusks and a panther skin to a person in one of the room; the latter denounced one named Mokambo Jean Félix who in turn denounced Mbouamba Raymond. Moussoumanguila declared that he only wanted to sell the products which belong to Mokambo (for the tusks) and Mboumba (for the skin); both confirmed his declaration adding that the tusks were found in a river while Mokambo was working at OLAM and the skin was purchased by Mboumba at XAF 20,000. On 23 November 2017, the court of first instance sentenced Mokambo Jean Felix and Mbouamba Raymond to two months imprisonment and fines of XAF 100,000 (one hundred thousand) ; Moussinguila was sentenced to 4 months imprisonment and fined XAF 200,000 (two hundred thousand); the defendants were also condemned to pay the sum of XAF 200,000 (two hundred thousand) as civil damages; the confiscation of sealed objects and the expulsion of Moussinguila Moucketou Maxime from the Gabonese national territory was ordered. The judgment was appealed on the reason that the civil damages were insufficient.
Country
Territorial subdivision
Type of court
Seat of court
Mouila
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
French
Reference number
Decision No. 007/2018-2019
Charges
Possession and trade in ivory tusks, Trade in products of a fully protected species, Complicity of trade in products of a fully protected species.
Species
Transnational
Yes
Decision
The court declares the appeal admissible, partially confirms the decision at the first instance. - Concerning the possession of products from totally protected species: Mokambo and Mboumba admitted the facts (i.e. to have possessed two ivory tusks and one panther skin that they sold to Moussoumanguila at XAF 15,000 for the ivory tusks and XAF 20,000 for the panther skin without any administrative authorization); - Concerning the complicity of trade in products of totally protected species and lack of residence permit: the Court decided to requalify the facts to trade in totally protected species because Massounguila actively participated in the trade with the intention to pay the price of the products.
Appealed
No
Penalty
The accused were sentenced each to pay the sum of XAF 300,000 ( three hundred thousand) as civil damages; The accused were sentenced to pay the costs of first and appeal instances.
Legislation cited
Forest Code