The State Attorney and the Ministry of Forestry and Wildlife vs. ABA ENDENG Charles & NKOETYE ESSIANE

Country
Territorial subdivision
Type of court
Seat of court
Djoum
Court jurisdiction
Date of opinion
2002
Abstract

On the 12 November 1998 during a routine control in OVENG led by the chief of the forestry and wildlife control post of Oveng, the accused NKOETYE ESSIANE , the truck driver, and a passenger were arrested. Upon searching their truck, they found elephant meat and two (02) ivories. Immediately upon arrest, the accused claimed he is a Reverend Pastor of the E.P.C parish in OVENG while proclaiming himself responsible for killing the elephant. Shortly after, he refused to make any statement and refused to be identified. It was after four days of insistence and the intervention of the local sub-divisional officer of that locality that the accused finally decided to be speak and then denounced the co-accused ABA ENDENG Charles as being the author of the killing, the latter an infamous elephant poacher and ivory trafficker, belonging to a notorious ivory trafficking network located in Oveng and MVANGANE. After being interrogated, NKOETYE ESSIANE attested to the facts that during the month of November 1998, his parish was hosting the EPC consistory. With the help of the Christians, he bought a cow to provide for the upkeep of the guests. Few days to the event, the cow died. Feeling helpless in this situation he called for an emergency meeting with the elders of the church to find means to remedy the disappearance of the cow. During this meeting they all decided to go for an elephant as replacement. Having received cartridges from unidentified Christians, he contacted one of his Christians, ABA ENDENG Charles, who was famous for hunting elephants, and gave him instructions to kill an elephant in accordance with the resolutions of the council of elders of the church. A few days later he informed that the hunt had been successful, he asked the Christians to act as porters and together they went into the forest. The accused declared they don’t have any hunting licence neither do have a certificate of origin, nor any authorisation to carry firearm neither did they present any justifiable defence for killing the elephant. The ivories were seized and handed to officials of the ministry of forestry. At the close of the interrogations, they were all transmitted before the State attorney for prosecution.

Language of document
French
Reference number
No. 201/COR of 09 July 2002
Charges
Illegal killing of totally protected animal species.
Transnational
No
Decision
The court reclassified the charge to complicity in the illegal killing of a class A protected animal species, and found the accused NKOETYE ESSIANE guilty of complicity to the killing of protected animal species without a permit. The court stopped all proceedings against ABA ENDENG Charles for reasons of his death.
Appealed
No
Penalty
The accused NKOETYE ESSIANE was sentenced to pay 5,000 XAF for fines, 164,825 XAF for costs and to pay 230,000 XAF as 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