The State Attorney and the Ministry of Forestry and Wildlife vs NYIMI AKONO Pierre

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

On the 12 April 2009, during a control mission in Awa’ane-Messam (Mbouma) locality, a team of the South Antenna of the Dja conservation service, caught NYIMI AKONO Pierre red-handed in possession of one smoked African Dwarf crocodile, one leg of smoked Sitatunga, a half of a Bay Duiker and two rolls of steel cable. When arrested, he was asked to present legal authorization for these activities but he could neither a hunting permit, nor a certificate of origin. Rather he declared that he has installed 58 traps in the area and that he killed these protected animals to receive guests. Following his arrest, the MINFOF agent proceeded to drafting of the statement of offences and the following day the proceeds (smoked African Dwarf crocodile, one leg of smoked Sitatunga, a Bay Duiker body part ) these products were seized, sold by public auction and the proceeds were paid to the public treasury as shown in the supporting documents provided during the court sessions. Following the preliminary enquiry, NYIMI AKONO Pierre was not transmitted to the State Attorney for prosecution. But it was through bailiff’s summons that the court received the case.

Language of document
French
Reference number
No. 46/COR
Charges
Illegal killing of totally and partially protected animal species of class A and B (African Dwarf crocodile, Sitatunga, Bay Duiker), illegal hunting using prohibited hunting gear, illegal hunting without permit, illegal detention and circulation within the national territory of protected animals hides and trophies without a certificate of origin, illegal hunting in a protected area.
Species
Transnational
No
Decision
The accused NYIMI AKONO Pierre were found guilty of Illegal killing of totally and partially protected animal species of class A and B (African Dwarf crocodile, Sitatunga, Bay Duiker), illegal hunting using prohibited hunting gear, illegal hunting without permit, illegal detention and circulation within the national territory of protected animals hides and trophies without a certificate of origin, illegal hunting in a protected area. He were sentenced to two (2) years imprisonment terms, to pay 5,028,650 XAF for fines & costs and 5,000,000 XAF as damages to the State of Cameroon represented by the Ministry of Forestry and Wildlife. The confiscation of the rolls of steel cable and sold by public auction.
Appealed
No
Penalty
NYIMI AKONO Pierre were sentenced to two (2) years imprisonment terms, to pay 5,028,650 XAF for fines & costs and 5,000,000 XAF as damages to the State of Cameroon represented by the Ministry of Forestry and Wildlife. The confiscation of the rolls of steel cable and sold by public auction
Legislation cited
Decree No. 95/466/PM of 20 July 1995 to lay down the conditions for the implementation of wildlife regulations, secs. Sections 2 (7), 34 (3), and 64
Law No 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations, secs. and sections 78 (2 & 3), 80 (4), 87 (1), 98 (1), 101, 154, 155, and 158
Penal Code, sec. 74