The Special Criminal Court in Yaounde took the decision on April 22, 2015 after the accused reimbursed FCFA 108 million.

The second example of jurisprudence was set at the Yaounde-based Special Criminal Court, SCC, on Wednesday, April 22, 2015, after an accused, Tiako Etienne, had corruption proceedings against him stopped. This followed his reimbursement last January of FCFA 108 million, being the amount he and others were jointly accused of embezzling from the National Oil Refinery, SONARA.

The only other person to have so far benefitted from the provision of the December 2011 law setting up the SCC was former Basic Education Minister, Mrs Haman Adama and 10 co-accused after she paid the FCFA 380 million they were accused of embezzling. Making the submission for proceedings to be discontinued against Tiako Etienne, Advocate General Tagiyin Jean Claude recalled that the accused made the application in January 2015 with evidence of reimbursement.

He said after crosschecking with the Treasurer, Paymaster for Douala, it was confirmed that Tiako had actually paid the said amount into the Public Treasury. Based on this, the Minister of Justice and Keeper of the Seals, Laurent Esso, wrote requesting the Special Criminal Court to drop charges against Tiako Etienne.

Responding, the lead judge and SCC President, Mr. Justice Yap Abdou, said the court had taken note and would act accordingly. Tiako’s counsel, Barrister Mben Sylvestre expressed satisfaction with the decision, but argued that the co-accused ought to be let off the hook also like it was the case with Haman Adama because Tiako Etienne paid back the amount all of they were accused of jointly embezzling.

Advocate General Tagiyin answered by pointing out that stopping proceedings against an accused was discretional and not automatic upon reimbursement. In the same vein, Barrister Sama Francis Asanga, counsel for the State and civil claimant, said each accused bore individual responsibility. In a trial, he added, some people might be discharged and acquitted and others found guilty, even though they were all accused of the same crime.

Joining the debate on points of law between the counsel for the accused and the State, Mr. Justice Yap Abdou raised another issue: if the decision to drop charges against Tiako Etienne applied only to criminal proceedings or also civil claims for any losses suffered by the State as a result of the embezzlement. He however made it clear that he was reserving his opinion on the arguments for the end of the trial, adjourning the matter to May 19, 2015, for more testimonies by prosecution witnesses.      

The trial of the former General Manager of the National Oil Refinery, Charles Metouck, opened on Wednesday, February 18, 2015. Metouck and others are accused of embezzling over FCFA 514 million. The other accused are Ngalle Mouelle Noé, Edinguele Edinguele Jean Joule and Dikoume Albert Léonard. Alongside Tiako Etienne, they were charged with aiding and abetting the embezzlement of over FCFA 108 million. The amount was reportedly fraudulently retained from the signing by SONARA of a contract with a private company. Meanwhile, over FCFA 406 million, being taxes due to the State, was allegedly fraudulently retained by Charles Metouck.