The first accused was acquitted by the Special Criminal Court yesterday 16 May.
Charles Etah Njoh, second accused in the case between the State of Cameroon against Marcus Ndumbe Mbessa, Charles Etah Njoh, and the enterprise "Njoh and Sons Distribution" was found guilty by the Special Criminal Court (SCC) in Yaounde, yesterday May 16, 2013 for attempting to misappropriate public funds worth FCFA 50,445,699 meant for the rehabilitation of a road between Bechati and Wabane in Lebialem Division of the South West Region.
While reading the judgement, the Head of the panel of Judges hearing the case, Mr Justice Bea Abednego Kala said Charles Etah Njoh was convicted and sentenced to 15 years imprisonment while the first accused, Marcus Ndumbe Mbessa was acquitted because he had previously been tried and convicted by the Court of First Instance in Menji, Lebialem in respect of the same offense which is the principle of autrefois convicted raised by his counsel and upheld by the court. Thus, it would have been unjust to convict him again. Immediately the court's judgement was read, two warrants of imprisonment were issued for Charles Etah Njoh. One for the principle sentence of 15 years and the other if he does not pay the charges of over FCFA one million taxed against him.
Representing the Legal Department, Advocate Generals Richard Wanki and David Wesiheba submitted that the provisions of section 184 sub (1) A as read with 94 sub 1 of the Penal Code should be applicable because it indicates that when someone is found guilty of embezzling public funds or attempting to embezzle public funds with amount above half a million, he should be sentenced to life imprisonment. The Advocate Generals further stressed that sub section 4 of the law provides that on the finding of mitigating circumstances by the court, the sentence can never be reduced to less than 10 years and cannot be suspended. The Legal Department also urged the court to impose the forfeitures listed in Section 30 of the Penal Code be applied to the accused for 10 years. According to Section 30 of the Penal Code, Etah Njoh will be removed and excluded from any public service, employment or office. He will be incapable to be a juror, assessor, expert, referee or sworn expert, among others.
The submissions were upheld by the court and applied accordingly. In addition, the proceeding of the court was taxed at FCFA 1,196,316. The accused was ordered to pay the money into the public treasury, if not he will serve an additional term of two years imprisonment. The counsel for Charles Etah Njoh pleaded the court to have mercy on his client and find mitigating circumstance in his favour. Since Etah Njoh had no other criminal record and given his status as the head of a large family, Mr Justice Bea Abednego Kala and the panel of other judges made up of Mrs Justice Hayatou Zakiyatou and Mr Justice Mathias Nyoh took the cry of Etah Njoh's counsel into consideration before arriving at the 15- year jail term.
With the court's final decision on the case, the President of the court said if any party is not satisfied with the judgment, they have until 48 hours to appeal against the decision.
