The Sangha Departmental Directorate of Water and Forests vs Tchari Moumoun, Abdouraman Youssouf, Assafi Doutoum, Ousman Sakaria

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

On December 05, 2017, the Imam of Pokola Abdouraman Youssouf contacted Assafi Doutoum to transport ivory tusks to Ngombe for sale. Assafi Doutoum accepted and both went to Mboua-Mboua on the Imam’s bike with the objective to find how to transport the ivory to Ngombe. At Mboua-Mboua, Abdouraman embarked Assafi on a canoe to Ngombe where Ousman Sankara was waiting for him having been contacted and briefed by Abdouraman. At Ngombe, both Assafi and Ousman contacted the Imam of Ngombe Tchari Moumoun who refused to purchase the ivory because of lack of money but kept them in his house in order to facilitate the sale in Ouesso. Tchari contacted Sylla Mamadou, a taxi driver to whom he offered XAF 50,000 (fifty thousand) to transport the ivory to Ouesso. Sylla was arrested on his way by rangers after thorough search of his taxi. Investigations led to the arrest of the others.
By declaration to the clerk of the Ouesso High Court on February 21, 2018, Tchari Moumoun, Abdouraman Youssouf, Assafi Doutoum, Ousman Sakaria, filed an appeal against the court ruling giving on February 15, 2018 by the Ouesso High court in their case vs the Sangha Departmental Directorate of Water and Forests as follows: ” Youssouf Abdouraman and Tchari Moumoun were sentenced to five years imprisonment, XAF 2,000,000 (two million) as fines each; Sakara Ousman and Assafi Dotoum were sentenced to three years imprisonment, XAF 500,000 (five hundred thousand) as fines each; Sylla Mamadou was sentenced to two years imprisonment suspended, XAF 500,000 (five hundred thousand) as fines; The execution of imprisonment term of Sylla Mamadou was suspended The accused were sentenced to pay the damages as follows: XAF 2,000,000 (two million) for Abdouraman Youssouf, XAF 1,000,000 (one million) for Tchari Moumoun, XAF 250,000 (two hundred and fifty thousand) each for Assafi Doutoum, Ousman Sakara and Sylla Mamadou. All accused were condemned to XAF 100,000 (one hundred thousand) pay court fees. The Imprisonment in default of payment was fixed to one month for the recovery of fines, one month for the recovery of court fees and three months for the recovery of damages” For having all been wrongly convicted for illegal possession of and trade in ivory tusks without further precising the reason for the appeal.

Language of document
French
Reference number
No. 023/2018
Charges
Illegal possession of ivory tusks (requalified to illicit circulation with ivory tusks) and illegal trade in ivory tusks.
Transnational
No
Decision
The judgment of the High Court of Ouesso was partially overturned. The offence of illegal possession of ivory tusks was requalified to illicit circulation with ivory tusks. Tchari Moumoun and Ousman Sakaria were declared not guilty of illicit trade in ivory tusks but guilty of illicit circulation with ivory tusks. Abdouraman Youssouf and Assafi Doutoum were declared guilty of illegal circulation with ivory tusks and illicit trade in ivory tusks.
Appealed
No
Penalty
Sakaria Ousman and Tchari Moumoun were sentenced to ten months imprisonment, XAF 500,000 (five hundred thousand) as fines each and to pay jointly XAF 1,000,000 (one million) as damages; Youssouf Abdouraman and Assafi Dotoum were sentenced to three years imprisonment, XAF 1,000,000 (one million) as fines each and to pay jointly XAF 2,500,000 (two million five hundred thousand) as damages; Plus the XAF 250,000 (two hundred and fifty thousand) as damages to be paid by Sylla Mamadou to make the total of XAF 3,750,000 as damages allocated at the first instance.
Legislation cited
Law No 37-2008 of 28 November 2008 on wildlife and protected areas