The State Attorney and the Ministry of Forestry and Wildlife vs. NDIBI Arsene Rossy, EYAMO EKOUMA Didier, TATAPONG USENI and DJOMKAM Guy Ervery

Country
Territorial subdivision
Type of court
Seat of court
Ebolowa
Court jurisdiction
Date of opinion
2017
Abstract

On the 17 and 19 June 2016, the accused persons BENGONO Magelan, NDIBI Arsene Rossy and EYAMO EKOUMA Didier were arrested flagrante delicto respectively in the locality of MANG YEMISSEM, MEBE MENKO’O and BIKOU’OU by elements of the MVILA divisional delegation of water and forest. They were found carrying several pieces of flesh, two (02) tails, two (02) elephant trophies, three (03) mandrill skulls, three (03) hunting rifles, several ammunition and steel cables between others. An investigation was opened which with the help of EYAMO led to the arrest of the DJOMKAM and TATAPONG. According to the offence report, the accused BENGONO Magelana was found to be carrying a mandrill skull, tail and meat of an elephant which he declared to have received from NDIBI Arsene and EYAMO EKOUMA Didier who were among the hunters he met in the forest. NDIBI Arsene Rossy and EYAMO EKOUMA Didier admitted having shot two elephants in the FONO- SI forest and did not show any legal document authorising them to carry out this act. The firearm they used belongs to BENGONO Magelana who admitted the firearm was bequeathed to him by his uncle and he has no legal document to keep a gun. With regards to TATAPONG USENI and DJOMKAM Guy Ervey, they were initially charged for offence of concealment of goods. The charge was requalified to detention and circulation within the national territory of trophies protected animal, and killing of class A protected animals species and prosecuted accordingly. These accused persons pleaded not guilty but there was sufficient evidence pointing their guilt and more so, they were very inconsistent in their testimony. At the end of interrogations, she was transmitted together with the seized wildlife products before the State Attorney for prosecution.

Language of document
French
Reference number
No. 039/COR
Charges
Illegal detention and circulation of within the national territory trophies of protected animal species, killing of class A totally protected animal species, carrying of a dangerous fire arm, and concealment of things.
Transnational
No
Decision
The accused persons were found guilty as charged.
Appealed
No
Penalty
They were sentenced to pay 150,000 XAF for fines each, 100,513 XAF for costs each, and 8,870,000 XAF for 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