The 1st, 2nd and 3rd accused persons were sentenced to 15 years imprisonment while the 4th had 10 years.
After seven months of hearing in the case between the people of Cameroon and State of Cameroon-Cameroon Development Corporation (CDC) against Oteil Mbua Gabriel and six others, the Special Criminal Court (SCC) yesterday, December 22, 2015, headed by Mr Justice Richard Wanki unanimously delivered its judgement in public after a full hearing of the 1st, 2nd, 3rd, and 4th accused, the Legal Department and the Civil Party, and in default in respect of the 5th, 6th and 7th accused persons.
The court declared Oteil Mbua Gabriel, Ngomba Jonathan Monika, Njiki Daniel, Lyonga Nganje William, Hali Gabila, Babila Protus Ndibnu and Mkpot Roland Agbor respectively, 1, 2, 3, 5, 6 and 7 accused persons guilty of the misappropriation of public property valued at the sum of FCFA 20,140,655 as co-offenders contrary to sections 96, 74 and 184 (1) (a) of the Penal Code.
The court declared that the 1st accused (Oteil Mbua) is guilty of misappropriating public property valued at FCFA 49,205,547 as an offender contrary to and punishable according to the Penal Code. The 4th accused, Lyonga Nganje William, is guilty of misappropriating public property valued at FCFA 5,311,329 as an offender contrary to the law. The court found mitigating circumstances in favour of the 1st, 2nd, 3rd and 4th accused persons in that they are all first offenders, bread winners in their families and have been remorseful during the court sessions. No mitigating circumstances were found on the 5th, 6th and 7th accused persons who had escaped from standing trial.
The court sentenced the 1st, 2nd (Ngomba Jonathan Monika) and 3rd (Njiki Daniel) accused to 15 years imprisonment, the 4th was sentenced to 10 years in imprisonment while the others Hali Gabila, Babila Protus Ndibnu and Mkpot Roland Agbor were sentenced to life imprisonment. The court immediately issued warrants of arrest to apprehend those that had escaped as well as those convicted.
The 1st accused was ordered to pay to the Civil Party (State of Cameroon-CDC), the sum of FCFA 49,205,547, the amount of money he misappropriated as special damages for the loss suffered by the Civil Party. The court also ordered the 1st, 2nd, 3rd, 5th, 6th and 7th accused persons to pay the civil party jointly and severally the sum of FCFA 20,140,655 as special damages. The fourth accused was ordered to pay to the Civil Party, the sum of FCFA 5,311,329, the amount he misappropriated being damages to the loss suffered by the Civil Party.
All persons convicted in the matter were ordered by the court to pay jointly and severally the sum of FCFA 25,343,469 being general damages for the loss suffered by the Civil Party. The court also ordered all accused persons to pay the sum of FCFA 5,398,872 being the cost of the court proceedings taxed and set cost in the judgement. No confiscation of property was ordered from the accused persons since no property was seized in the course of preliminary inquiries.
The head of the Panel of Judges hearing the case, Mr Justice Richard Wanki, joined by Mr Justice Moses Nyoh and Mr Justice Michel Jean Claude Onana informed all the parties that they had the right to lodge an appeal within 48 hours as from the time the judgement was delivered. It should be recalled that Oteil Mbua Gabriel, Ngomba Jonathan Monika, Njiki Daniel, Lyonga Nganje William, Hali Gabila, Mkpot Roland and Babila Protus Ndibnu were accused to have at Tiko and Limbe-Bota, within the jurisdiction of the SCC during 2012 and 2013, together and in agreement as co-offenders by any means kept dishonestly the property of CDC amounting to FCFA 360, 936,854 being value of 707,872 litres of fuel illegally removed from the said corporation. This is an offence contrary to and punishable under sections 74, 96 and 184 (1), (9) of the Penal Code.
Brenda Y. NCHEWNANG-NGASSA
