The State Attorney and the Ministry of Forestry and Wildlife vs. CHINGO Zacharie & ADAMU YAYA

Country
Territorial subdivision
Seat of court
Ebolowa
Court jurisdiction
Date of opinion
2018
Abstract

The accused persons, CHINGO Zacharie and ADAMU YAYA were prosecuted before the court of First Instance Djoum for illegal detention and killing of totally protected animal species notably 03 bags containing 39 elephant ivories. These ivories, were placed in bags filled with cocoa and put in a truck in to which the co-offender Adamu Yaya was driving. They were arrested by conservation elments of the Dja Biosphere Reserve. On December 24 2014, the court passed judgement. It found the accused persons guilty, and sentenced them to four (04) months fixed term imprisonment, to pay 300,000 XAF for fines, 110,000 XAF for cost and to pay 9,000,000 XAF for civil damages. On December 24 2014, the court passed judgement. It found the accused persons guilty, and sentenced them to four (04) months fixed term imprisonment, to pay 300,000 XAF for fines, 110,000 XAF for cost and to pay 9,000,000 XAF for civil damages. Their lawyer, Barrister ALASSA MBOMBO acting on their account filed an appeal on the grounds that the the trial judge misrepresented and misunderstood the facts and as such wrongly convicted his clients. That his clients were not in any way contrary to the position of the law and just because the co-offender, Chingo was the owner of the truck in which the ivories were seized does not make him the owner of the ivories. Amadu Yaya claimed a certain She Emmanuel, the cargo boy was the one who packed the bags into the truck and he, Amadu the driver, was unaware of its contents. That it was wrong for the court to sentence them for the offences charged and urged the appeal court to annul the judgement. That if the appeal court still finds them criminally liable, both imprisonment terms and civil damages should be reduced given that the presiding judge did not base allocation of civil damages on any law. The matter was admitted and sent before the court for hearing.

Language of document
French
Reference number
No. 117/COR of 06 August 2018
Charges
Illegal detention, circulation and killing of totally protected animal species
Transnational
No
Decision
The appeal court found both accused persons guilty of the offences committed, annulled the judgement of the lower court and rendered a new ruling reducing penalties (both imprisonment terms and civil damages) awarded at the lower court.
Appealed
No
Penalty
The accused persons were sentenced to three (03) months imprisonment, to pay 300,000 XAF each for fines, 59,550 XAF for costs and to pay 6,750,000 XAF to the state of Cameroon through the Ministry of Forestry and Wildlife.
Legislation cited
Law No. 94/01 of 20 July 1994 on Forestry, Wildlife and Fisheries regulations