Database of Wildlife Related Law
This is an appeal against a sentence. The appellant was charged with two counts:
1. Failing to declare the possession of 12 rhinoceros horns, contravening section 15(15)(b) read with section 1, 81, 87(1), and 95 of the Customs and Exice Act, No. 91 of 1964.
This is an application for leave to appeal against the sentence.
On the 20 June 2014, elements of the conservation service of the Mt. Cameroon National Park organized an anti-poaching patrol in the village of Efolofo, located around the said park. Upon hearing a gun, they moved towards the direction with the aid of cyber tracker.
On the 9 December 2014, elements of the Regional Delegation of Forestry and Wildlife Buea received a letter from military officials who were on a mixed control mission in the town of Misselele, about a seizure of pangolin scales and elephant ivories carried out on the 8 December.
In October 2013, BABA AHMADOU, the board chairperson of the telecoms company VIETTEL, sent a complaint to the Buea Judicial police about some of his collaborators indulging in smuggling elephant tusks and pangolin scales in the national territory tarnishing the reputation of their firm.
On the 4 August 2013, the conservator of Korup National Park received reliable information about an elephant being killed in the village of Ikenge. The conservator mobilized a team together with the military to carry out a field investigation to this effect. On their way to the village, the team kept an open eye for any evidence.
The court considered an appeal on the basis that the magistrate erred in denying the accused bail and that the magistrate erred in finding that the accused may abscond and fail to attend trial due to his ability to enter and leave the Republic without going through a border.
The matter is an application for leave to appeal a judgement that was given in the a judgment of the Northern Cape High Court for contravening certain sections of the Nature and Environmental Conservation Ordinance 19 of 1974 which prohibit the harbouring of certain animals without a permit.
The Director-General, Department Of Environmental Affairs (2nd Respondent) invited the public to make written submissions on proposed lion export quota in line with CITES requirements.
The appellants were convicted own their pleas of conspiring to commit an offence of illegal hunting of a rhinoceros, and unlawful possession of a firearm and ammunition in the magistrate court. They were sentenced to 5 years imprisonment each for count 1 and 4 years imprisonment each for count 3.
