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Home » Archive » Ambazonia » mbah Ndam 
Back to Homepage PRELIMINARY LEGAL AND HUMAN RIGHTS REPORT ON THE MARCH 1997 ATTACKS IN THE NORTH-WEST PROVINCEAND THE CASE PENDING IN THE MILITARY TRIBUNALIN YAOUNDE-REPUBLIC OF CAMEROONBY Hon. Joseph MBAH NDAMBarrister-at Law Member of The Cameroon Bar Leader of The SDF Parliamentary Group. INTRODUCTION. This Report is made without prejudice to my political leaning. When this event occurred I was simply a Legal Practitioner and National Legal Adviser of the Social Democratic Front (SDF). But I had always been a Human Rights activist despite my political activities and I defended before the courts, throughout the National Territory of Cameroon, victims of Human Rights abuses since 1990.After the occurrence of these events, I was thereafter elected into Parliament in May 1997 and I became the Parliamentary Group Leader of my Party the SDF. As a son of the North-West Province and an Elected Representative of the people of this Province, I found it difficult to stay aloof in the face of the cruel and inhuman treatment that was being meted on the people who were being drafted on a daily basis from the North-West to the High Concentration Prison Centre of Nkondengui-Yaounde. Moreover, I came to realise that quite a considerable number of them were militants of my Party, and it persistently rumoured that the regime in place was seeking means to implicate my party,the SDF. Whereas to the best of my knowledge we had no hand in it. Therefore if there is prejudice it can only be on these grounds. I therefore undertook to follow up the developments as regards the health and nutritional conditions of these people and the evolution of the investigation. I appointed junior counsel who reported to me almost on a daily basis on the progress of the proceedings in the legal department of the Military Tribunal. It was not my concern alone but that of all the SDF Parliamentarians of the North-West Province. They were constantly briefed. In fact, they raised the issue of the detention of these people without trial many times before Parliament and this led to some being granted bail. They also, from time to time, contributed sums of money, part of which was given for the treatment of the many who were sick and dying, part to assist me in compensating the junior counsel I had retained and who had the odious task of hiring taxis daily to bring these people from the prison yards of Nkondengui and Mfou to the legal department of the military Tribunal for interrogation. It is sorrowful to learn that this junior counsel has run into problems and has been banned from practice. That is how this regime operates. THEIR LIVING CONDITIONS. The situation has been very preoccupying. These detainees having been deported from the North-West Province to Yaounde are completely cut off from their families and relatives for over two years now. Even the many family members who made efforts to travel to Yaounde from time to time are prohibited from seeing them. These frantic attempts were made in the early days of their deportation but this did not last long as the families got tired and discouraged and the detainees were abandoned to themselves. So they could only live on what food the prison authorities provide. Whereas other inmates from Yaounde and its vicinity saw their meals supplemented by food brought in by relatives. The food given them is horrible. They feed only on garry and rice and rejected foodstuffs from the market. On one of the occasions I visited them, they showed me food full of maggots because the meat was the rotten skin of cows. This was very revolting and I had to go see the prison superintendent who told me that he could provide what was available but expressed regret that these people had been brought to Yaounde. He told me that sometimes he has tried to provide special meals for them but other inmates frown on it as discrimination. He even advised that I should do all to accelerate their release else many more would continue to die. I remember on that day, he talked to me of one who needed urgent surgical intervention, but the means were not there. Luckily around the same time the Parliamentarians had contributed some money and part was thus given for the operation to take place. In fact over seven of them have died and have been buried in areas unknown to their families. Quite a good number of them are in the hospitals in Yaounde. When the case opened on 14th April 1999 before the Military Tribunal, and as they were being brought to court, their state of health was so deplorable that the many citizens who were already in the Military Court Premises were all weeping as they came out of the truck. To stop the scandal going beyond the court premises, the authorities immediately ordered the gates to the Military Tribunal to be short. Be that as it may, some of them had to be carried by others on their backs because they had no energy to move or because they had amputated limbs or legs. This being only a preliminary report and in order not to prejudice the trial I prefer to withhold the details on their appalling state. All these facts will come out during the trial. My concern here is to give to every lawyer who intends to join us in the defence and the public at large, a clear picture of the nature of the charges and the probable outcome of this case if a strong legal defence is not put up and if public opinion is not sufficiently harnessed to influence the regime to do justice. In fact when the case came up on the 14th April 1999, the " Ordonnance de Renvoi" which is a copious document setting out the charges was heavily worded in French and sounded very confusing to Barrister Taku Charles and myself, the two counsels who entered appearance for them.This document that is if effect was the charge sheet is made up of 25 typed sheets. It was read in French in open court and the detainees were asked to plead guilty or not guilty. This constituted the bone of contention between the legal department and us. We explained that the plea of guilt or non-guilt constituted the most crucial step in a trial. That the litigant, before he pleads guilty or not guilty must understand very clearly what acts are alleged to have been committed by him and the offence for which he was being charged. This was a document written in French, made up of twenty-five typed pages and concerning over 87 accused persons charged sometimes jointly, for a common or different offences, and sometimes severally for common offence committed at different places. All the accused persons were English speaking. The legal department pretended that there was an interpreter in court who could summarise the charges to them. Yet, even we, technicians of the law, had not understood it. Moreover, it is not the duty of counsel but that of the litigant who must, after having clearly understood the facts and charges, makes up his mind to plead guilty or not guilty and it is only when he has made such a decision that counsel prepares defence in that line. On this and other grounds the case was adjourned to 25th May 1999. Having now read over and over that "Ordonnance de Renvoi" I believe I am in a position to inform the intending counsels for this case and the public at large what obtains in it. THE EVENT. The official version of government concerning the event that led to these trials as gathered from the "Ordonnance de Renvoi" document and all the documents relating to the preliminary inquiry by the gendarmerie, runs as follows: "A separatist movement designated as "Southern Cameroons National Council" (SCNC), having as objective the acquisition of the sovereignty of the Anglophone Provinces through secession, constantly organised meetings during which watchwords were given. Concurrently, a certain number of structures were put in place; one of which is the "Southern Cameroons Youth League" abbreviated " S.C.Y.L". The steering Committee of this movement supposedly headed by Ambassador Fossung and having as honorary Presidents, Honourable John Ngu Foncha and Tandeng Muna Solomon had after several postponements envisaged the proclamation of the Independence of the North-West and South-West Provinces on 27th March 1997. This steering committee put out a civil war plan consisting of "commando" actions targeting certain administrative authorities, public services,the forces of law and order and other sensitive points within the territory of the two Provinces. The goal to be achieved was the provocation of a generalised uprising, take advantage of the disorder and confusion resulting there of and proclaim their independence. The starting point was the theft of an important quantity of explosives during the night of 23rd to 24th March 1997 from the powder magazine of the RAZEL construction company at Yer (Kumbo). Then followed acts of violence, murder and destruction of public edifices in Jakiri, Kumbo, Oku, Bafut, Bamenda and Mbengwi, causing death to tens of persons, three of whom are soldiers of the national gendarmerie, eight insurgents among others." Now, as I read through the "Ordonnance de Renvoi" and all the documents in the file of this case, I looked for the charges levied against Ambassador Fossung, the purported head of the alleged steering committee and those against Dr. John Ngu Foncha (May His Sole Rest In Peace) and Tanding Muna Solomon purportedly Honorary Presidents of the said movement but there were no such charges. These personalities were never arrested nor called upon to make statements. They are not at all parties to the case.Again, I looked for who got killed in Mbengwi or what public edifice was destroyed there or any damage at all alleged to have been caused in Mbengwi to no avail. In the light of the above findings, one begins to wonder the real origin of this calamity. I have been bound to go back and examine the rumour, which was very persistent at the time of this event to the effect that the whole thing was organised by agents of the CPDM regime. In fact rumour holds that certain high-standing members of the CPDM had held a meeting in January 1997 with the Head of State complaining to him that their Party was not ready for the Parliamentary Elections initially scheduled for March 1997. They were seeking postponement by the Head of State but the latter told them that he could not do so because the constitution of January 1996 permitted postponement only in the case of grave peril threatening the life of the nation and that the country was at peace. So, in order to get the Head of State postpone the elections a plan was contrived and executed in the North-West Province to cause grave peril. The truth however shall be known at the trial and I call on every Cameroonian to give us facts that may in the elucidation of the causes and the real architects of this calamity. PERSONS IMPLICATED AND THE RESPECTIVE CHARGES. 1. PERSONS NOT CHARGED AND WILL NOT BE CHARGED ANY MORE. -a.. People said to be on the run. a.. Tamfon Tum Assaya b.. Wah Bambu Samuel c.. Ali Issa d.. Godlove e.. Ali Binde f.. Mohamadou Mbuwir g.. Ngek Valerie h.. Baji John i.. Eric j.. Kenneth k.. Bambu l.. Wungo François m.. Sama George n.. Nico Kubri o.. Christopher Bongmoyong p.. Sitan Paul q.. Suinyuy George These people, according to the legal department of the Military Tribunal are on the run and since they were never identified nor heard by the Gendarmerie during the preliminary investigation, they cannot be charged and will not stand trial. -b.. People said to be dead and therefore cannot be charged. a.. Fai Lawrence Yaounde b.. Ngwa Richard Fomasoh. 1.. Criminal Intent (Mens Rea) not established. a.. Amadou Sika. This is the night watchman said to have been at the RAZEL base at Yer (Kumbo) during the night of 23rd to 24th March 1997. In his statement, he said that it was about 11.30pm that he was neutralised by a group of six armed individuals. That these individuals took away five cartons of dynamite, four cartons of wired explosives and twenty cartons of nitrate. That he was forced by them to accompany them to one Bambuh’s house where they kept these things for onward transfer to Bamenda. The legal department believed him and consequently he was not charged. He certainly is going to be a witness. 2. PERSONS CHARGED. 1.. Persons on Bail but charged. - Fonyam Prisca Wanso (Mbengwi-Momo) a.. Okumo chaw Paul (Mbengwi-Momo) b.. Amedou Suika (Kiyam-Kumbo) c.. Mengjoh Isa Mairamo (Kumbo) d.. Njong Emmanuel Foje (Mbengwi-Momo) e.. Bangie Jeremiah (Mbengwi-Momo) f.. Tanwani John Tah (Mbengwi-Momo) g.. Nseke Stanley (Mbengwi-Momo) h.. Tah Abwe Michael (Mbengwi-Momo) i.. Fon Elias Tembou (Mbengwi-Momo) j.. Fon Peter Asanji (Mbengwi-Momo) k.. Bah Atoh John (Mbengwi-Momo) l.. Langhi David Nfor (Mbot-Nkambe) m.. Mbang Henry Kiyang (Mesaje) n.. Sylvester Geynin (Republic of Ghana) These persons have been charged and if they do not appear before the Military Tribunal, they shall be deemed to have admitted the charges levied against them and the said Tribunal, according to its rules, will proceed to convict and sentence them without trial. b. Persons in Detention at the Nkoundegui Prison and Charged. a.. Tanko Salifou b.. Yaya Grace c.. Fonyuy Donald d.. Tanji Wirdzemo Gilbert e.. Tete Phillip f.. Lukong Vitalis Mawo g.. Lukong John h.. Ndifon Joseph Tangu i.. Njakoy Charles j.. Adamou Ndifon k.. Njobara Hyacinth l.. Fanfon Samuel Folinjo m.. Ngwei Mathias n.. Ngum Barnabas Shey o.. Jupe Bolower p.. Nyansah Promise q.. Ntanen Ndifon Daniel r.. Tata Roland Mindze s.. Ngek Adalbert Welibjunguin alias Ade
3.)THE CHARGES. a.. Charges Concerning Territorial Integrity. This concerns the following:
According to the "Ordonnance de Renvoi" these people are charged of: a.. Conspiracy to disrupt territorial integrity; during time of peace. b.. Attempt to destroy a public edifice to wit:
a.. Murder, Arson, Destruction, Illegal Detention, Illegal possession of war guns and assimilated guns, Aggravated Theft and Complicity. a.. Akwanga Ebenezar b.. Ngu Ndi Julius Akwanga Ebenezar and Ngu Ndi Julius, according to the "Ordonnance de
Renvoi" are said to have, during gendarmerie investigation, admitted that
they held several meetings with Tete Phillip and many others on the run
during which they established a plan to attack the localities concerned
and thus resolved to go and steal explosives from the RAZEL base.
a.. Edwin Jumven
These people are said to come from Jakiri. They are said to be responsible for the death of G.M. Makok of the Jakiri Gendarmerie brigade. The "Ordonnance de Renvoi" provides that a certain Litchou gave evidence to the fact that after they had seriously beaten Makok, they went to the Brigade Commander’s house and set it on fire. The said woman claims further that the house was not burnt down because herself and her father succeeded in putting off the fire. In the "Ordonnance de Renvoi" it is further asserted that the "Edwin Junven Group", after having wounded the messenger they broke into the Brigade and made away with guns. All these allegations have been denied by the accused persons but the
legal department has still charged them. The charges of aggravated theft
and armed rubbery against them have been dropped.
together with: a.. Fonyuy Donald b.. Tanji Wirdzemo and Tamfon (not charged as explained above) are said to be responsible for the burning of the house of the Divisional Officer of Kumbo( Mr. Nvondo) during the night of 17th to 18th March 1997; The "Ordonnance de Renvoi" states that since this took place in the night, the culprits ran away but alleges that Assan Jumban had admitted having taken part and that the other names were got out of him. Hence, they are also charged for causing the death (premeditated) of Nlate Paul Gerard, the son of the Divisional Officer who sustained severe burning and died subsequently in hospital. They are also charged of grievous bodily harm caused to Nlate Parfait, another son of the Divisional Officer who sustained 2nd and 3rd degree burning but did not die. The legal department also concluded that they were armed and thus are charged of illegal possession of arms. Furthermore, that the Divisional Officer’s vehicle was is said to have been taken away and they are thus charged for aggravated theft. They are also said to have participated in attempting to destroy the Bangouren Bridge and therefore have been charged for attempted destruction. The legal department of the Military Tribunal, in an effort to justify these charges concludes by asserting that these acts are the result of a previously concerted action within the various groups that acted in the different localities. Therefore, according to it, there is a causal link between all the acts committed and the various offences and persons should be tried together. a.. Joseph Yaw b.. and Sylvester Geynin are said to be accessories to the above purported offenders and have also been charged for hiding them in their houses. The accused persons have denied all these allegations all through the investigations and the "Ordonnance de Renvoi" mentions this fact in very unequivocal terms. a.. Ngek Simon Kwei
These people are said to come from Elak-Oku and the "Ordonnace de Renvoir" has coined for them some sort of global charge. It alleges that during the month of March 1997, a group of persons, in possession of arms, acting in concert and in conspiracy, and by the use of force, rubbed and damaged property both moveable and immovable, set fire on living quarters, caused premeditated death of a gendarme, caused loss of parts of the body to others, stole; all these acts carried out with the aggravating circumstance that they were committed using arms and violence. That this armed group went to the Divisional officer’s premises, where they attempted to kill him with his whole family were it not for the latter’s wit to have hidden his family at a point where the gun shots could not reach. That the fact of having shot at the house knowing that people were living inside constitute attempted murder. That the house was damaged by the shooting and they are therefore also charged for destruction. They have equally been charged for Arson, False imprisonment of the Divisional officer and his family, Gendarme Ngopngang, Kwengoua and others and causing grievous bodily harm to Madame Kamdem the wife of the Divisional Officer on the allegation of the latter that they accused persons kept them in Ngek Simon’s house for one night and one day and were only released by the intervention of the forces of law and order. Furthermore, they have been charged of illegal possession of arms on the ground that the accused admitted owning guns whereas none of them have authorisation to own guns. It should be noted hear that the guns referred to are den-guns, bows and arrows used at death celebration which almost any man in the North-West possesses and bows and arrows used for hunting in the North-West. The accused persons have denied all these allegations during the investigations. a.. Tete Philippe
These people are all said to come from Mbengwi Momo.The "Ordonnance de Renvoi" alleges that they were in possession of arms; that they set fire on living quarters, committed murder and many other offences and goes on to explain that after the criminal acts that took place in Bamenda, Elak-Oku, Jakiri, Bafut another armed group of criminals was neutralised in the house of Tete Philippe on 28th March 1997; that the forces of law and order which were on their regular patrol rounds in Mbengwi rounded up the above persons in the house of Chief Tete philippe dressed in the same uniform as the persons who were arrested in Bamenda; that they were armed with guns and bows and arrows; that when questioned they admitted that they were gathered in Tete Philippe’s house waiting for signal from Bamenda for them to go into operation; that others like Nseke Stanley denied this allegation asserting that they were holding a development meeting. The legal department concludes that the Nseke version cannot be believed and asserts that Tete had admitted that they were waiting instructions from Bamenda. Thus, the legal department held that these meeting could be considered as only amounting to preparatory acts but that facts at the disposal show that the arson, murder, and other criminal acts committed elsewhere were being carried out following a resolution of a group of offenders under the supervision and direction of Akwanga, Tete Philippe, Ngek Simon, Tamfon Tun Assaya and others. Consequently, the Mbengwi group is charged for conspiracy in respect of all the offences that were committed in the whole of the North-West Province. a.. Ngwa Fomasoh Richard
These people are said to be responsible for all that transpired in Bamenda and Bafut. The "Ordonnance de Renvoi" provides that during the night of 28th March 1997, they broke two bones of the right arm of Njikam Issah and Ngolle Xanvier was wounded by a bullet on the buttocks and leg in the night as they were on patrol; that it is this very "Khan Zacharias Band" that continued the same operation in Bafut; that Bouket Fofuleng was attacked and killed by this band at the CRTV antenna in Bamenda; that they killed two gendarmes while Ndjo Samake was killed by the very band at the GMI on his return from patrol to the Bamenda Brigade; that one of these insurgents killed on the Bafut Brigade premises was in possession of a pistol that belonged to Ndjo Samaki killed in Bamenda; that it should also be concluded that the killers of Nde Wilfred were the same persons who killed Adjudant-Chef Bouket Fofuleng and Ndjo Samaki. Consequently, the "Khan Zacharia Band" is charged with Murder, destruction caused on of the police and gendarme edifices in Bamenda and Bafut, illegal possession of arms; The accused persons have denied these allegations all along. a.. Mbang Henry Kiyang
c.. These two persons are said to come from Mesaje and Nkambe where they respectively gave shelter to one Yaya Grace who was wanted for criminal acts committed in Ela-Oku during the night of 28th March 1997. The "Ordonnance de Renvoi" provides that when they were interrogated they said they gave her shelter on the basis of solidarity, the three of them belonging to the same Party- the Social Democratic Front; and that they did so on the instructions of the local official of their Party, Oumarou Nyanko, who simply instructed them to give her shelter and that they were not aware that Yaya Grace was wanted for any crime whatever. But the legal department alleges that these denials are countered by Yaya Grace’s statement to the fact that the two accused persons kept her for over one month. . a.. Ellah Ebwe
They are said to have aided and facilitated the group which is said to have operated in Ela-Oku. The "Ordonnance de Renvoi" provides that they took part in the preparatory meetings and collaborated with those who carried out the acts committed during the night of 28th March 1997; that Tanko Salifou asserts that they participated in the preparatory meetings; that it is for this reason that the Marechal de logis Chef Ellah who was on guard during that night did not use his gun; so too Fuashi who had a loaded P.A. with him in his home; that the gendarmes in Elak-Oku, particularly GM Ngopngang, and Lontsi declared that certain objects that were in keeping in the drawers at the gendarmerie brigade were found in Ellah’s home and according to them this was proof that the assailants gave him all the time to take away anything he desired; that Fuashi was sending the assailants on mission whereas it was thought that he was held hostage by them in Ngek Simon’s house. The "Ordonnance de Renvoi" then proceeds to state that, aside from the declarations of the assailants, the Commandant de Brigade of Oku and the gendarmes of the said locality consider them implicated as a result of their suspicious attitude as they always wanted to favour the detainees, the omission to react on their part tantamount to aiding and abating the criminal acts committed in Elak-Oku. Consequently, they are charged as accessories to destruction, arson, illegal possession of arms, rubbery, and attempted murder. a.. Wanyuy Fredrick
These other persons are said in the "Ordonnance de Renvoi" to have been caught red-handed in their attempt to destroy the bridge at Koutoupit linking Jakiri To Bangouren. It is alleged that during the night of 27th to 28th March 1997, they were found trying to destroy this bridge that links the North-west to the West Province, but their attempt did not succeed because of the lack of proper equipment and so they discovered that they could not destroy such a big bridge by merely digging; that when they were interrogated, they said a group led by one Bongmoyom coming from Kumbo had told them to go and destroy the bridge. So they have been charged for attempted destruction. a.. Lawsamba Félix The "Ordonnance de Renvoi" simply states that this individual was found in his house with a band ready to go on operation, were it not for some inhabitants notably one Konyuy Kintum, Lontum Ephraim Chia and Njofon Fabien who drew the attention of the authorities. He has equally been charged for offences not specified. 1.. Clandestine Immigration:
This is a curious category of those charged. The "Ordonnance de Renvoi" states that Joseph Yaw Sekeyre is accused of clandestine immigration, accessory to rubbery, murder, arson and destruction; that when interrogated, he admitted that he was found in Douala without identification papers and a resident permit; that he claims to be a Ghanaian citizen in transit through Cameroon via Nigeria; that he is accordingly charged. According to the "Ordonnnance de Renvoir" he is said to have given his assistance to the various groups that committed all the acts complained of by sewing the uniforms; that on interrogation he admitted this fact and stated that it was Khan Zacharia who made orders for the uniforms and that it was the latter who was financing. The legal department of the Military Tribunal then concluded that by accepting to sew uniforms for offenders he could not be ignorant of their activities. Consequently he is charged accordingly. Concerning Sylvester Geynin, he is also accused of clandestine immigration and giving shelter to offenders. The "Ordonnance de Renvoi" provides that when interrogated he said as Ghanaian citizen, he has been irregularly resident in Cameroon since 1993; that he is accused of having housed Joseph Yaw Sekeyre who was being pursued for criminal acts committed in the North-West Province in March 1997. Interrogated he said he was never aware that his tenant was wanted but that he had housed him on the recommendation of another Ghanaian. The Legal Department of the Military Tribunal concludes by saying that he is of good faith and is therefore is not charged. CONCLUSION. The above presentation certainly leaves no doubts in the mind that this is a complicated case. The facts are so interwoven and contradictory that one, two or three lawyers cannot do the case for all the accused persons without implicating one in favour of another. In fact, by my conservative assessment, a minimum of fifteen (15) very prominent lawyers specialised in criminal litigation is necessary. But, there are relatively very few of my colleagues who are prepared to get into such an exacting task for free. Even the few who may have the desire and willingness to do so may not be quite experienced and versed in criminal litigation of this calibre. Financial assistance becomes an imperative to enable the hire of experienced and imminent Counsels and undertake the preparation of briefs for each and every one of the accused persons. This is the more critical because the Military Tribunal is a ruthless court and it needs the weight and experience of renown lawyers to cause it pursue the application of equity in the trial. If a strong defence is not put up then so many of them will be summarily sentenced unjustly to death and life sentence. I make this appeal to the whole public, to Cameroonians and to friends of Cameroon who want to see justice done in our Country. I also address this appeal to those who believe that in the legal adage that " nine out of ten accused persons should all be set free because of one innocent person amongst them who cannot be specifically identified". I call on any Cameroonian citizen and any other citizen or institution of good will to undertake this task of raising funds to sponsor this trial for as counsel I am not entitled to do so. Done in Yaounde this 27th day of April 1999.
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