In 2016, the accused Anthony NWABU NWANNE NWOYE was arrested flagrante delicto by elements of the conservation service of the Regional Delegation of Forestry and Wildlife, Bertoua. He was found in possession of trophies of totally protected animal species (12 elephant tusks, 2 elephant jawbones, and a bag of giant pangolin scales) in an attempt to traffic them. The elements of the conservation service transmitted him before the Court of First Instance, Bertoua. He was found guilty and sentenced to 75 days fixed term imprisonment term and to pay 27.480.000 XAF as civil damages. The legal department (State attorney) in collaboration with the Ministry of Forestry and Wildlife filed an appeal for the pecuniary and penitentiary sentence to be reviewed. The legal department instigated that the presiding Judge of the lower court gave a weak imprisonment sentence to the accused in spite of the gravity of the offences committed (Ivory and pangolin trafficking) and a meagre amount for civil damages. It was based on this that the matter was admitted and enrolled before the East Court of Appeal.
Country
Territorial subdivision
Court
Type of court
Seat of court
Bertoua
Date of opinion
2017
Abstract
Language of document
French
Reference number
No. 05/COR
Charges
Illegal detention, circulation, and commercialization of trophies of totally protected animal species (12 elephant tusks, 2 elephant jawbones, and a bag of giant pangolin scales).
Species
Transnational
No
Decision
The Court of Appeal affirmed the grounds of appeal from the Ministry of Forestry and Wildlife and the legal department as justifiable and reviewed both the pecuniary and penitentiary sentence of the lower court. It acknowledged the fact that the judgement was not accorded as per the provisions of the law and in this light, sentenced the accused person anew. He was sentenced to ten (10) months fixed term imprisonment term, 51.700XAF as costs, and to pay 107.775.000 XAF as civil damages to the state of Cameroon represented by the Ministry of Forestry and Wildlife.
Appealed
No
Legislation cited
Penal Code, sec. 74
Law No 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, secs. 78(2), 97, 98,101, 158
Text and analysis