In 2012, the accused persons NGUILIWOU Madeleine and ATEBA Jean Pierre were arrested flagrante delicto by elements of the conservation service for illegal hunting of totally protected animal species and illegal detention and commercialization of the said species. They were transmitted for prosecution before the Court of First Instance, Abong Mbang. Madeleine was found guilty of all counts and the co-offender ATEBA Jean was found not guilty for insufficient exhibits against him and was discharged and acquitted. He was rather sentenced for failure to possess his nationality card at the time. Madeleine was sentenced to 2 years suspended imprisonment term within 3 years, to pay 3.000.000XAF for fines, and 1.500.000 XAF for civil damages. The Ministry of Forestry and Wildlife was dissatisfied with the Judgement and filed an appeal, on grounds that the presiding judge did not accord the considerate civil damages as per the loss suffered by the state following the loss of the animals. It was based on this that the matter was admitted and enrolled before the East Court of Appeal.
The State Attorney and the Ministry of Forestry and Wildlife vs NGUILIWOU Madeleine and ATEBA Jean Pierre
Country
Territorial subdivision
Court
Type of court
Seat of court
Bertoua
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
French
Reference number
No. 058/COR
Charges
Illegal hunting of totally protected animal species in a protected area and illegal detention & commercialization of trophies the said animal species.
Money value
Unknown
Transnational
No
Decision
The Court of Appeal affirmed the grounds of appeal from the Ministry of Forestry and Wildlife and the legal department as justifiable and reviewed both the pecuniary sentence of the lower court. In this light, the initial damages of 1.500.000 XAF awarded by the court to the accused persons was increased to 2.524.000 XAF to pay to the state of Cameroon represented by the Ministry of Forestry and Wildlife.
Appealed
No
Legislation cited
Penal Code
Law No 94-01 of 20th January 1994 to lay down forestry, fisheries and wildlife regulations