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Actualités of Friday, 1 May 2015

Source: Mutations

Alice Nkom writes to the Supreme Court

The lawyer of former SG President, Alice Nkom has challenged the judges of the Supreme Court committed in the review of the case of appeal of her client. She writes:

In writing to the President of the Republic, the Minister of Justice and Keeper of the Seals first President of the Supreme Court, Mrs. Alice Nkom has disclosed her intentions to denounce the "Violation of Article 591 paragraph c of the Code of Criminal Procedure, articles 26 paragraph 2 and 27 of Law No. 2006/016 of 29 December 2006 establishing the organization and functioning of the Supreme Court, and Article 14 of the International Covenant on Civil and Political Rights of 16 December 1966 by the First President the Supreme Court.

According to these articles of law cited by Marafa Hamidou Yaya council, the Section of the Supreme Court designated by the first president said the court in its order No. 007 of March 4, 2015, was made in violation of Section 591 paragraph c of the Criminal Procedure Code which provides that: “Any magistrate of the bench may be challenged for any of the following causes: if already known to the procedure or if he has been an arbitrator or counsel or witness”.

In this case, and following the arguments of counsel, Mr. Jean Pierre Mvondo Evezo'o and Jean Claude Robert Foe have heard this case in earlier stages.

Mvondo Evezo'o was at the time, General Counsel at the Centre Court of Appeal. He oversaw the prosecution including Mr. Marafa’s hearing.

Foe also oversaw the prosecution's submissions that resulted in the conviction of his client on 12 and 13 September 2012 before the Tribunal de Grande Instance Mfoundi. Meanwhile the magistrates, by the judgment of Mr. Nkom, cannot hear the case of his client before the Supreme Court, arguing that this section to which they belong would become biased.

It also denounced the designation process that it believes is in violation of the law n ° 2006/016 of 29 December 2006 establishing the organization and functioning of the Supreme Court provides as Articles 26 and 27.

I Alice Nkom have surely inspired the Mebara case. The other former Secretary General of the Presidency was also involved in a case of embezzlement, and who had been acquitted before the High Court.

The stammering of the specialized section of the Supreme Court, and the suspicion of the confirmation of the judgment of the High Court, will in turn lead to references repeatedly, in more or less based pretenses.
In the end, this section is completely demobilized including its then president, assigned to the archives of justice. This has resulted in a recovery in the zero point of the Mebara procedure, to the chagrin of his defense.

Will the anticipation of Marafa Hamidou Yaya’s defense make him avoid the same fate? The answer to his query will set the parties at trial.

Meanwhile, the former Minister of Territorial Administration ponders his fate in the cells of the State Secretariat for Defence secondary Prison in Yaoundé. This occurred after the first conviction for embezzlement.