The State Attorney and the Ministry of Forestry and Wildlife vs. AKOULOU Achille Noel, NNANGA Jean Richard, MOUSSA HOUSSANI, ELOM MEYONG Marthurin

Country
Territorial subdivision
Seat of court
Ebolowa
Court jurisdiction
Date of opinion
2016
Abstract

The accused persons, AKOULOU Achille Noel, NNANGA Jean Richard, MOUSSA HOUSSANI, ELOM MEYONG Marthurin were prosecuted before the Court of First Instance, Djoum for the Illegal detention of trophies of class A totally protected animal species, and complicity. On December 18, 2012, the accused persons were found guilty and sentenced before the said court as follows; MOUSSA HOUSSAINI and NNANGA Jean Richard to each pay 10.000 XAF for fines; AKOULOU Achille Noel and ELOM MEYONG Mathurin to two months imprisonment and 200.000 XAF for fines each; Sentenced all accused persons to pay the sum of 247.410 XAF for costs. Dissatisfied with the penitentiary sentence awarded by the court regarding the gravity of the offence committed, the State Attorney filed an appeal against this judgment. The matter was enrolled before the South Court of Appeal and the parties were summoned to appear before the court on July 13, 2015 after several adjournments. The court proceeded to hear the matter in the absence of the accused persons. Deliberating on the form of the appeal as per section 443 (1) of the criminal procedure code, which provides that, after receipt of the declaration of appeal at the registry, the appellant is obliged, after notification of the latter by any written means within 15 days from the day following the registration of his appeal, under penalty of inadmissibility of the appeal, to send to the registrar in-chief of the court having delivered the judgment, a memorandum of appeal containing his arguments and conclusions, as well as any other supporting documents. The appellant in this case was notified on December 19, 2012. That he had to provide his memorandum of appeal under penalty of inadmissibility should he exceed the deadline. That accused failed to submit the said memorandum of appeal on time. The Court of Appeal eventually rejected the appeal and rendered it inadmissible.

Language of document
French
Reference number
No. 102/COR of 08 August 2016
Charges
Illegal detention of trophies of class A protected animal species, and complicity.
Transnational
No
Decision
The court declared the appeal inadmissible.
Appealed
No
Penalty
None.
Legislation cited
Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife and fisheries regulations