Prosecution finds co-accused guilty

The Legal Department made it submissions last Friday, April 19 at the Special Criminal Court.

Representing the Legal Department in the case between the People of Cameroon versus Ndumbe Mbessa Marcus and Etah Njoh Charles, Advocate Generals Richard Wanki and David Wesiheba last Friday April 19, at the Special Criminal Court in Yaounde made submissions to the court in which they prayed the court to hold that the 1st accused is not being tried on the same facts as he had previously been tried on facts committed sometime in the year 2008 and he is now being tried on facts committed in 2009 and should find him guilty of the offence of interest in concern contrary to section 136 (1) of the Penal Code and convict him accordingly.

The Legal Department also urged the lordships to find that the facts proved before the court can ground the conviction of the 2nd accused for the courts of charge against him which are attempted misappropriation of Public Funds, refraining from maintaining the Bechati-Wabane road, taking away public documents without permission amongst others.

In a written submission which was handed to the court after a succinct reading, Advocate General Richard Wanki told the court that the 1st accused, who was Divisional Delegate of Public Works for Lebialem, from the evidence adduced in the course of the trial shows that he committed the offence of interest in concern because as a Public Servant, supervising the contract, he received various sums of money from the 2nd accused to finance the operations of Njoh and Sons Distribution, pay workers and even received construction materials from the 2nd accused.

The Legal Department asked if the 1st accused had become an employee for the 2nd accused.

Furthermore, the Legal Department clearly noted how the 1st accused confessed in his testimony on oath that he assisted the 2nd accused in the executing the contract because of considerable pressure exerted on him by the SDO of Lebialem and the then Minister of Public Works.

The Legal Department said such instructions were not supposed to be obeyed because they were illegal because the raison d’etre of section 136 of the Penal Code is to ensure that Public Servants who exercise supervisory duties over a concern and have a duty to express an opinion on the quantitative and qualitative output of a job must be independent and neutral as it would be an affront to common sense to be a party and a judge in the same cause.

The Legal Department also noted that all evidence presented in court unequivocally highlights the intention of the 2nd accused, Njoh Charles Etah to dishonestly cause the payment of the sum of over FCFA 50 Million to him because he complained to many authorities how he was not paid for work done.

Advocate General Wanki and his mate said the execution of the completed offence must have failed solely by reason of circumstance independent of the 2nd accused will.

It was also noted that the 2nd accused refrained from maintaining the Bechati-Wabane road even after the contract was renewed for him to do the job, he barley started the exercise with work done valued at 36.08 per cent. college the Head of the college of Judges hearing the case, Justice Abednego Bea Kala adjourned the case to January 23.