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Kumbo Water Controversy:Lawyer Arraigned On Five-count Criminal Charges

Barrister Wirgham Joseph Akuwiyadze has been accused by three officials of the Kumbo Water Authority.

Barrister Wirgham Joseph Akuwiyadze was on August 24, 2015 arraigned before the Kumbo Court of First Instance in Bui Division of the North West Region, on charges of defamation and conditional threats.

He was dragged to court by three officials of the Kumbo Water Authority, KWA, Nformi Blasius Mbinkar, Chairman, Justin Njoka Shiyntum, Manager and Wirba Valentine Bayena, a Senior Technician. This follows the long-running controversy over its management. The lawyer faces a five-count criminal case for defamation, including allegations of financial misappropriation and threats to kill; to which he all pleaded not guilty. When the matter was brought before the President of the Court, Magistrate Rossette Wuke Dibo epse Akwo, lawyers for the accused, led by Barrister Godlove Ngoh, submitted that the State Counsel ought to have sought authorisation from the Minister of Justice before commencing the trial of a Senior Counsel of the Cameroon Bar Council.

Counsel for the defence also submitted that according to Section 47 of the General Rules of the Bar Council, before a colleague stands for someone against his colleague in court, such a person must obtain authorisation from the President of the Bar Council. They stated that in the absence of the authorisation, the Court was incompetent to go on with the trial. They said it was an old practice and tradition of the Common Law system, pleading with the court not to allow any journalist cover the trial. In reply, Deputy State Counsel Ahmadou Ousmanou Belpi said no authorisation was needed from the Minister of Justice for the commission of an offence. He challenged the defence lawyers to show the law that requires authorisation from the Minister of Justice before trial.

Magistrate Rossette Wuke Dibo ruled that counsel for civil claimants should comply with Section 47 of the General Rules of the Bar Council before defending them. She announced that the criminal case against Barrister Akuwiyadze would go on while the Deputy State Counsel applied to the Court to restrain the accused from further mentioning the names of the complainants on his radio or anything concerning the case till judgment. The President upheld the submission of the State Counsel. Though Rossette Wuke Dibo declared that the matter was a public hearing open to journalists, this reporter was instructed not to take any notes but to sit down, listen and go back and report. The trial was adjourned to October 5, 2015, while bail was granted to Barrister Wirgham Joseph Akuwiyadze in the sum of FCFA 500,000, with one surety in the like sum.



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