SCC prayed to decline jurisdiction on Bamenda emolument case

The Legal Department and defence counsel delivered their submissions on April 21, 2014.

The case between the State of Cameroon (Ministry of Justice) and the former Bamenda Court of First Instance Chief Registrar, Tambang Mbang Menji, for the misappropriation of FCFA 67.5 million by inflating emolument vouchers, took an unexpected turn yesterday, April 21, 2014 at the Special Criminal Court when Advocate General, Richard Wanki, delivered his submission and prayed the court to send the case to the Mezam High Court.

While delivering his submission, Advocate General Richard Wanki held that the Examining Magistrate “erroneously calculated the total amount allegedly misappropriated by the accused.” He submitted to the panel of judges led Mr Justice Bea Abednego Kala and assisted by Mr Justice Eyango and Mrs Justice Hayatou that the taxes paid were not deducted from the gross amount worth the emolument vouchers.

He said the accused misappropriated FCFA 31.8 million, whereas the court by its founding statutes was competent to try only matters involving misappropriation of State funds worth at least FCFA 50 million. The Advocate General thus prayed the court to decline its jurisdiction to hear the matter, send the case file to to the Mezam High Court but maintain the accused in preventive detention.

On his part, the defence counsel, Barrister Fernand Honoré Tagouemekong, submitted that a no-case ruling be made because the Legal Department did not provide convincing evidence to support the charges. For the principal charge of embezzling FCFA 67 million, he said the money in question was not part of State funds, but emoluments meant for magistrates and other staff in the Bamenda Court of First Instance and High Court.

“There was no embezzlement. Consequently, I see no need for sending the case file back to the Mezam High Court,” he submitted. Furthermore, he held that the sums on the voucher were never altered; the accused had no interest in faking a stamp and the title “Justice” was erroneously used by a bank cashier on a receipt. “My client should be acquitted,” Barrister Tagouemekong submitted.