The Special Criminal Court (SCC) in Yaounde, yesterday April 2 took a vital decision in the case between the State of Cameroon and Marcus Ndumbe Mbessa, Charles Etah Njoh and the enterprise "Njoh and Sons Distribution." After concerting for some 12 minutes with the other judges, the head of the college of Judges, Mr Justice Abednego Bea Kala upheld the request by the Legal Department for the third accused; "Njoh and Sons Distribution" enterprise to be acquitted.
Representing the Legal Department, Advocate General Richard Wanki said "Njoh and Sons Distribution "enterprise is considered as a legal or juristic person and that the Criminal Procedure Code and Penal Code have not yet developed the concept of Criminal Corperate Liability which makes provision for offences committed by corperate bodies (legal or juristic Person), the procedure for bringing such persons to trial as well as how they should be sentenced. The advocate General said with a case of misappropriation of State funds which will require imprisonment, the judge concerned must address his mind on the possibilities of the accused executing the sentence that will be made. In the interest of the law, the court upheld the suggestions of the Legal Department.
Taking into consideration the committal order and the testimony of the first prosecution witness, the Legal Department also submitted that the charge against the first accused, Marcus Ndumbe Mbessa, a civil servant who was charged with supervising a road project in the Lebialem Sub-division in the South West Region, to have taken interest in the project by receiving some funds from the contractor and assisting him in executing part of the project, instead of focusing on his supervisory role, should be upheld. The Legal Department also submitted that charges against the second accused; Charles Etah Njoh, attempting to misappropriate public funds amounting to over FCFA 50 million meant to rehabilitate a road network between Bechati and Wabane in Lebialem be also upheld. Advocate General Richard Wanki urged the lordships to find that there is sufficient evidence before the court warranting the first and second accused to be put to their defence in relation to the charges that concern each of them.
The court further upheld the submissions of the Legal Department giving rooms for the accused to defend themselves through sworn evidence. But the case could not proceed because the lawyers of the second defendant said they have vital documents to use in the defence and they have to prefect procedural regularities which have to be carried out before these documents are tendered in court. The head of the college of Judges, Mr Justice Abednego Bea Kala asked for the case of the first accused to proceed while awaiting more exhibits for the second accused. But Barrister Elias Eyambe said that was impossible since the first accused was also concerned about the exhibits they will be presenting. Thus, the case was adjourned to April 9, 2013.
