U.S. and Cameroon legal counsel for the Republic, President Paul Biya and government officials on Monday in Yaounde presented highlights and decisions of the case of Michel Fotso’s Complaint.

 The U.S. and Cameroon legal counsel for the Republic of Cameroon, President Paul Biya and the Cameroon government officials in the case pitting the Republic against Yves Miche Fotso in the United States District Court for the District of Oregon, led by Barrister Akere Muna during a press conference in Yaounde, September 2, 2013 presented highlights and decisions of the case.

Michel Fotso’s Complaint

Yves Michel Fotso on August 6, 2012 initiated a civil lawsuit in the United States District Court for the District of Oregon by filing a complaint against the Republic of Cameroon, President Paul Biya and several officials of the government of Cameroon: Pascal Magnaguemabe, Maurice Soh, Jean Baptiste Bokam, Lieutenant Colonel Amadou Bahagobiri and Lieutenant Innocent Mbouem. He alleged that his prosecution, conviction and pretrial detention in Cameroon violated both international law and an agreement settling Cameroon’s claims against GIA International Ltd in connection with GIA’s U.S. bankruptcy proceedings in the District of Oregon.  Indeed, Michel Fotso’s lawsuit came after he had been investigated, prosecuted and convicted in Cameroon on criminal charges that he had misappropriated Cameroon government  funds in connection with an effort in 2001, through a U.S. company GIA International LTD  to acquire an official presidential aircraft.

Why U.S. Court

The legal counsel said Yves MicheL Fotso’s complaint contended that the U.S. court had jurisdiction over his claims against the Republic of Cameroon under the U.S. Foreign Sovereign Immunities Act, FSIA and over his claims against President Biya and the Cameroon government officials under the U.S. Alien Tort Statute, ATS.

Intervention of Legal Counsel

The U.S. and Cameroon legal counsel for the Republic of Cameroon, President Biya and Cameroon government officials, in coordination with Cameroon’s Ministry of Justice, secured dismissal  of Fotso’s claims through rulings  as to President Biya issued on January  and February 2013 and  the Republic of Cameroon and Cameroon government officials in May and June 2013. In specific terms, the U.S. court on December 7, 2012 formally sought the views of the United States government with respect to Fotso’s claims against President Biya and the Cameroon government officials. This followed request of the Cameroon government. Then, the U.S. government on December 21, 2012 notified the U.S. court that the Head of State of Cameroon, President Paul Biya could not be sued in the United States. The court accepted the position of the U.S. government and consequently dismissed all claims against President Biya through rulings on January 25 and February 22, 2013. The court, while accepting the legal arguments and factual submissions of Cameroon’s legal team, dismissed all claims against the Republic of Cameroon and government officials through rulings on May 16 and June 11, 2013. The submissions were made by the Minister of Justice of Cameroon, Permanent Secretary of the Ministry of Justice and the Cameroon Barrister-at-Law Akere T. Muna.

U.S. Court Rulings

The court ruled that it lacked jurisdiction under the Foreign Sovereign Immunities Act to review Cameroon’s exercise of its sovereign police and judicial powers in connection with the investigation, prosecution, detention, trial and conviction of Fotso under Cameroon law. It also ruled that it lacked jurisdiction under the U.S. Alien Tort Statute over claims against Cameroon government officials because they acted solely within their mandate as officials of the Republic, and solely within the sovereign territory of the Republic. Actions of the officials were taken outside the United States, the court argued.

Yves Michel Fotso, the legal team disclosed, did not exercise his right to appeal the judgement of dismissal, stating that the right expired on July 15, 2013.