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Yaounde Appeals Court throws out petition recusing judges handling case! .
The People Vs Sisiku Julius Ayuk Tabe & 9ors.:
Yaounde Appeals Court throws out petition recusing judges handling case!
Proceedings in the case pitting the People Vs Sisiku Julius Ayuk Tabe & 9ors.are expected to be expedited after the Yaounde appeals court surreptitiously threw out a petition recusing Magistrates MEM Michel, EDOU MEWOUTOU Fidele Arman and NGOUONGUE TIANI Sandrine which was seen as a sticking point in the progress of the case.
Delay in ruling on the case had prompted the defence counsel for the Ambazonian leaders since May to boycott court sessions at the Military Tribunal. Members of the defence counsel had expected the ruling to be done in public but great was their shock that their clients were only notified with a decision of the President of the Court of Appeals Centre Region dated 02nd May 2019 to their petition recusing Magistrates MEM Michel, EDOU MEWOUTOU Fidele Arman and NGOUONGUE TIANI Sandrine on10th July 2019.
Commenting on the decision, a member of the defence counsel noted:
“This means that the court pursuant to their petition, received the Statement of Defense of the Respondents as well as the Submissions of the Legal Department and proceeded straight to judgment which they kept in their drawers until Counsel for the Petitioners raised the issue of non determination of the said application yesterday and they now rushed to notify them with certified copies of the said Judgment known in French as "Expedition" signed only by the Registrar of the court.”
It should be noted that unlike the case of the matter against Lt Col MISSE NJONE JACQUES wherein the Petitioners were fined to pay a symbolic franc, in this case they've been fined to pay each of only two Respondents, to wit, Magistrates EDOU MEWOUTOU Fidele Armand and NGOUONGUE TIANI Sandrine the sum of Five Hundred Thousands francs CFA as damages for moral prejudice.
Picking more holes in the ruling, one of the respondents noted:
“What is most disturbing which is peculiar to the Civil Law jurisdiction of Cameroun is this fact that for a serious application of this nature and wherein by law the court sits as first and last resort with no possibility of appeal against its decision, the Petitioner is never served with the documents filed by both the Respondents and the Legal Department in response to their application ...so they're only served the judgment. This is an application which by nature is necessarily adversarial or contradictory in nature. This is purely a gross violation of the right to Fair Hearing.”