Barrister Christopher Ndong Nveh of Yaounde throws light on the legal sanctions that await impostors.

Who is an impostor?

Impostor is an English language word. With regards to the law such persons are known and called usurpers.  Usurpers or call it impostors are people who for one reason or the other, for private gains tend to pretend to be or represent physical or moral persons they do not actually qualify but pretend to be one. Usurpation is also used in reference to the unlawful assumption or seizure of sovereign power, in derogation of the constitution and rights of the proper ruler.

What are the legal sanctions for impostors?

The legal sanction that awaits usurpers is inscribed in the Cameroon Penal Code in its Section 219 which says “Whoever without being entitled thereto makes use of a qualification belonging to a profession legally regulated, or of an official degree, certificate of education or diploma, or of a title governed by public regulation, shall be punished with imprisonment for from three months to two years or with a fine ranging from one hundred thousand to two million francs, or with both imprisonment and fine”.

How often do legal practitioners deal with such cases?

Cases of this nature are recurrent in our law courts. Such an act is criminal and punishable as prescribed in the Cameroon penal code. In handling such cases, it starts by someone putting up a complaint against the impostor.  An investigation is carried out to determine whether or not the person accused of the crime is guilty as charge.  Until such investigation is properly carried, the person accused is presumed innocent until proven guilty of the charge.  This is determined by the law court. If the court after hearing from the complainant, the prosecutor and the accused person or his defense counsel if any, the court in a ruling will then decide whether there is ‘a case submission’ or ‘a no case submission’.  If the prosecution fails to proof its case, the court will discharge the accused persons.  Where the court rules otherwise, it shall request the accused person to defend his or herself. If at the end of the trial it is discovered that the act was committed, the provisions of the penal code apply.  Also, the court will request the civil party to state his claims and the court will award it judging from the damages suffered by the civil claimant as a result of an act of usurpation by the accused person.

What legal advice to those whose identities and functions are being used by impostors?

The government and or professional associations should come up with rigid legal instruments to prevent usurpers from exercising in their profession. Take for instance, the Cameroon Bar Association, the Engineers or Bailiff’s who are grouped into an association and have each published the list of their members.  Anyone caught in the exercise of any of the professions above when he or she is not an official member, should be severely punished.  I think this and other methods will help fight against usurpers.