The State Attorney and the Ministry of Forestry and Wildlife vs. ELA ALO'O Christian and ENBWANG MENYE Galax

Country
Territorial subdivision
Type of court
Seat of court
Ambam
Court jurisdiction
Date of opinion
2010
Abstract

On the 12 September 2010, the accused persons ELA ALO'O Christian and ENBWANG MENYE Galax were arrested in BIYI-EFACK by agents of the conservation service of the divisional delegation of MINFOF in possession of seven (07) turtle shells including 03 marine and 04 forests in a store in the village of BIYI EFACK. That they were arrested flagrante delicto in possession of these turtle shells. As stated by the MINFOF representative during the proceedings, these species can’t be captured or killed without an authorization from the MINFOF which the accused persons did not possess at the time of arrest. During interrogations, ELLA ALO’O pleaded not guilty and explained that it’s unfortunate he was found in that store, but the owner of the items is the co-offender ENGBANG. That he followed the authorities out of simple respect. His persistent denials would not be successful as the shells seized from his hands is enough to find evidence of guilt against him as per the 1994 wildlife law. At the close of interrogations, they were transmitted before the State Attorney for prosecution.

Language of document
French
Reference number
No. 349/COR of 07 October 2010
Charges
Illegal killing of protected animal species.
Transnational
No
Decision
The accused persons ELA ALO'O Christian and ENGBWANG MENYE Galax were found guilty as charged.
Appealed
No
Penalty
The accused ELA ALO'O Christian was sentenced to three (3) months’ suspended imprisonment term while ENGBWANG MENYE Galax was sentenced to eight months (8) fixed term imprisonment. Both accused persons were sentenced to pay 76,900 XAF for fines, 8,000 XAF for costs and to pay 1,000,000 XAF as civil damages to the State of Cameroon through the Ministry of Forestry and Wildlife.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations