Country
Court
Type of court
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2019
Abstract
In 2017, MFOMBURE MAMA was arrested in Yokadouma for the illegal killing of elephants and illegal detention of 2 elephant tusks. On the 24 November 2017, the Court of First instance of Yokadouma found MFOMBURE MAMA guilty of illegal killing of totally protected animal species, illegal detention of totally protected animal species trophies and he was sentenced to pay 338,730 XAF for costs after he benefited from mitigating circumstances for his confessions. Unsatisfied by the decision, the Ministry of Forestry and Wildlife and the State Attorney filed an appeal against the said judgement as it was not deterrent and because the civil damages awarded to the Ministry of Forestry and Wildlife were very low.
Language of document
French
Reference number
No. 60/COR
Charges
Illegal killing of totally protected animal species ( Elephant) and illegal detention of trophies of totally protected animal species ( Elephant tusks).
Species
Transnational
No
Decision
The court admitted the appeal of the State Attorney but rejected the appeal of the Ministry of Forestry and Wildlife (MINFOF). It passed a new sentence increasing the imprisonment term awarded to the accused but since the appeal of the MINFOF was rejected, the civil damages of the lower court was maintained.
Appealed
No
Penalty
MFOMBURE MAMA was sentenced to a fixed imprisonment term of eight (8) months and to pay 300.000 XAF for fines and 82.808 XAF for costs.
Legislation cited
Law No 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, secs. 101, 158
Penal Code, sec. 74
Criminal Procedure Code, secs. 338, 359, 430, 443, 478