The State Attorney and the Ministry of Forestry and Wildlife vs. MEFIRE ISSOFA, WO-LEMBO ABO Eric and MBOA Michel

Country
Territorial subdivision
Seat of court
Yokadouma
Court jurisdiction
Date of opinion
2019
Abstract

The accused persons MEFIRE ISSOFA, WO-LEMBO ABO Eric and MBOA Michel were arrested flagrante delicto in Yokadouma by eco-guards of the MANDOUNGUE control post. MBOA Michel was caught transporting two (02) elephant tusks of length 135cm and 139cm and weight 9.80kg and 19.74kg using a vehicle of mark Toyota Carina belonging to MEFIRE ISSOFA. Approaching the MANDOUNGUE control post, the presence of eco-guards at the post scared the occupants of the vehicle who halted at a distance to allow the poachers to alight and use a nearby foot path to elude the control. Unfortunately they were pursued by the eco-guards stationed at the control post. The pursuit led to the arrest of MBOA Michel alongside the elephant tusks while the suspected poachers narrowly escaped. During investigation the vehicle was discovered in the residence of WO-LEMBO ABO Eric. Interrogating MBOA Michel, he revealed that it was MEFIRE ISSOFA who instructed him to transport the poachers alongside the elephant tusks using his vehicle, a vehicle which was the object of an ongoing sale, on credit transaction between MEFIRE ISSOFA and WO-LEMBO ABO Eric. All accused persons pleaded not guilty but opted for immediate trial thus were invited to present their defence. According to WO-LEMBO ABO Eric he did not participate in committing the crime and argued that he was not in town when the said crime was committed. He further presented some documents to justify his argument. MEFIRE ISSOFA on the other hand argued that he did not partake in the crime but admitted he provided a driver and the vehicle used in the transportation of the poachers and the elephant tusks with full knowledge of the transaction. MBOA Michel argued he did not participate in the killing of the elephant but was found in the company of the poachers. He assisted in their transportation alongside the trophies and equally facilitated their escape through the footpath in the bush and dodging the control. More so he was found alongside the elephant tusks. At the end of the hearing, the matter was adjourned for judgement.

Language of document
French
Reference number
No. 028/COR of 08 February 2019
Charges
Complicity to the illegal killing of class A totally protected animal species, complicity to the illegal detention of class A totally protected animal species, and complicity in the illegal detention of trophies of protected class A animal species.
Transnational
No
Decision
The accused persons MEFIRE ISSOFA and MBOA Michel were found guilty as charged while WO-LEMBO ABO Eric was found not guilty.
Appealed
No
Penalty
The accused persons MEFIRE ISSOFA and MBOA Michel were sentenced to eight (08) months fixed term imprisonment, to pay 200,000XAf for fines, 65,390XAF for costs, and 560,000XAF as civil 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