The State Attorney and the Ministry of Forestry and Wildlife vs OBEN Franklin TABOT

Country
Territorial subdivision
Type of court
Seat of court
Kumba
Court jurisdiction
Date of opinion
2015
Abstract

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. While lying in ambush they overheard the accused with other individuals and immediately surrounded them. They succeeded to arrest the accused person only since he was in possession of a gun. The other cohorts escaped arrest successfully. He was found with an elephant tusk, an elephant leg and foot, chunks of elephant meat, and five cartridges. During interrogation, he admitted killing the elephant and that the other two cohorts who escaped is a certain Mr. Onyema and his brother, all Nigerians. He attempted bribing one of the elements, which turned down his request. Following this, the accused put up, a resistance not to leave the forest and the elements had to call for reinforcement to take out the accused. After establishing his offence reports, he was forwarded together with the seized items before the State Attorney of the Court of First Instance Kumba for prosecution.

Language of document
French
Reference number
No. CFIK/FD/50/2014
Charges
Illegal killing of a totally protected animal species, Illegal hunting without a license, Illegal detention of a gun without a license, Illegal detention of eight (08) bullets without a license, Usurpation of function.
Transnational
No
Decision
He was found guilty of all counts and was sentenced to imprisonment terms as follows: Illegal killing of a totally protected animal species: Two (02) years Illegal hunting without a license: Two (02) years Illegal detention of a gun without a license: One (01) year Illegal detention of eight bullets without a license: One (01) year Usurpation of function: Two (02) years He was to pay 235.000 XAF for costs of the proceedings, and 5.000.000XAF as civil damages to the state of Cameroon through the Ministry of Forestry and Wildlife.
Appealed
No
Legislation cited
Penal Code, secs. 218, 237(1)
Law No. 94/01 of 20 January 1994 to lay down Forestry, Wildlife and Fisheries regulations, secs. 101, 155(9), 158(8)