Commentary Justice Is Blind...

Fri, 14 Mar 2014 Source: Cameroon Tribune

The independence of the judiciary ensures that criminal proceedings are predicated on interpreting the law and nothing but the law.

A man's country, we are told is not just a certain area of land, it is a principle and patriotism is loyalty to that principle. Cameroon is by definition a State of law with a lot being done to ensure that the rule of law prevails throughout the triangle and in all aspect of national life. As a constitutional principle, no one is above the law. Peace and national cohesion thrive on the basis of the law being no respecter of persons.

Titus Edzoa and Michel Thierry Atangana were respectively former Secretary General of the Presidency and the other Head of the Steering and Monitoring Committee of the Yaounde-Kribi and Ayos-Bonis road projects (COPISUR). When they appeared before the judge of the Mfoundi High Court accused of misappropriation of State Funds; it had nothing to do with politics.

They were two citizens of the Republic facing two distinct law suits, brought against them by the judicial authorities of their fatherland. The facts of the matter were clear and they regularly constituted their defence team to prove their innocence before the legal authorities. The two law suits had to do with misappropriation of funds from the World Cocoa body and the Organization of African Unity (OAU) summit parallel budget Scam.

In the first law suit that fetched each of them a fifteen-year jail term; the facts of the case were clear. Between 1995 and 1996, the International Cocoa Organization awarded sums of money to the National Produce Marketing Board. Titus Edzoa was said to have withdrawn one billion frs CFA to which Michel Thierry Atangana and himself were co-signatories.

Before the government intervened to halt withdrawals, three hundred and fifty million frs CFA had already been siphoned from the dubious account. The two cohorts were therefore dragged to court to answer charges of embezzlement of three hundred and fifty million frs CFA and for attempting to steal six hundred and fifty million frs CFA.

At the end of judicial proceedings, they were sentenced to fifteen years, with a fine of three hundred and fifty million frs CFA and confiscation of property. In harmony with their legal rights in a State of law, their defence team appealed against the sentences. On April 27, 1999, the Centre Court of Appeal confirmed the judgement of the lower Court, but lifted the confiscation of property.

Four years later, still pursuing their legal rights in a State of law, they challenged the judgement of the Centre Court of Appeal by seeking redress in the highest Court of the land-the Supreme Court. On October 23, 2003, the Supreme Court confirmed the judgment of the Court of Appeal.

In the second law suit, unconnected with the funds from the International Cocoa body, but still within an established pattern of embezzlement of public funds, the two had to once more face the long tentacles of the law. During the preparations for the 32nd Summit of the Organization of African Unity in Yaounde in 1996, Titus Edzoa and Michel Thierry Atangana came with a near perfect plan to create a budget different from that already assembled by the government of Cameroon. Petroleum Companies, State Owned Companies and others were required to send contributions into a private account jointly controlled by Titus Edzoa and Michel Thierry Atangana.

Vehicles donated by a Korean company for the event were also hijacked by the two, for private ends. At the end of this second case, involving the embezzlement of fifty-nine billion, four hundred million, four hundred thousand frs CFA, the Mfoundi High Court slammed the two, new jail terms of twenty years. As usual, the two embezzlers pursued their legal rights of appeal.

The Supreme Court of Cameroon confirmed the sentence on December 17, 2013. All through the separate law suits, justice followed its normal course, with a highly active defence team, exploring all available legal avenues in a State of law to free their clients. In a democratic dispensation, where the separation of power between the executive, legislative and judicial arms of the State holds sway, justice follows its course to its logical conclusion.

Throughout the judicial process concerning Titus Edzoa and Michel Thierry Atangana, the Magistrates strove to dish out justice in keeping with the dictates of the law. The Presidential clemency that benefited twenty four thousand prisoners last month is a Constitutional disposition that comes after all legal avenues have been exhausted. Article five of the January 18, 1996 Constitution gives the Head of State powers to commute sentences.

That Titus Edzoa and Michel Thierry Atangana were part of the twenty four thousand prisoners who benefited from this Presidential prorogation does not change the fact that they were white colour rogues who plundered the State treasury and deserve jail terms. Economic crimes can never take a political colouring, no matter how prominent the gangsters may be.

Source: Cameroon Tribune