The State Attorney and the Ministry of Forestry and Wildlife vs ASONG Bernard OBINI, BESONG Andrew ENOW, TANGWA Bartholomew TANDU, and BESONG Solomon BESONG

Country
Territorial subdivision
Type of court
Seat of court
Mundemba
Court jurisdiction
Date of opinion
2013
Abstract

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. They noticed a suspicious footpath and followed it. They discovered elephant faeces, jawbones, back ribs, and a fire. Further investigation led them to a home belonging to a certain Loveline. There they carried out a house search and found huge piles of elephant meat, 1 hunting shotgun, 12 bullets and 4 elephant bullets. ASONG Bernard OBINI, and BESONG Andrew ENOW were arrested and taken to Mundemba for further investigation. They both claimed they knew nothing and intended to buy bush mangoes. ASONG Bernard admitted that a certain Agbor who lives in Mamfe killed the elephant. The conservator went to Mamfe, arrested TANGWA Batholemew TANDU and BESONG Solomon BESONG and seized a shotgun. They all admitted criminal responsibility for some charges and denied the others. They were equally found with a Chimpanzee head, it’s 04 hands and 6 pieces of blue Duikers which were killed in the Ikenge forest area of the Korup National Park. All the wildlife products were sold by public auction and a report made to this effect. They were forwarded together before the State Attorney of the Court of First Instance Mundemba for prosecution.

Language of document
French
Reference number
No. CFIM/057C/2013
Charges
Count 1: Habitual hunting Count 2: Killing of a protected animal species Count 3: Found in possession of smoked protected meat Count 4: Found in possession of partially protected species Count 5: Possession of hunting Implements Count 6: Not in possession of a National Identity Card Count 7: Keeping fire arms without permit
Money value
Unknown
Transnational
No
Decision
ASONG Bernard OBINI was found guilty. The co-offenders were found not guilty, were discharged and acquitted. He was sentenced to the following; To pay 2.000.000XAF or serve 2 years imprisonment term for illegal possession of smoked protected meat and partially protected animal species To pay a fine of 50.000 XAF or serve 10 days imprisonment term for the possession of hunting Implements To pay a fine of 50.000 XAF or serve 3 days imprisonment term for not possessing a National Identity Card at the time of arrest and pay 1.000.000 XAF as civil damages to the state of Cameroon through the Ministry of Forestry and Wildlife. All accused were to pay 222.200XAF for costs.
Appealed
No
Legislation cited
Penal Code, secs. 96, 237
Law No. 94/01 of 20 January 1994 to lay down Forestry, Wildlife and Fisheries regulations, secs. 85, 86, 87, 101, 154, 155, 158
Law No.90/042 of 19 December 1990.