Forjindam Stays Detained Until Next Year

By Joe Dinga Pefok

The Wouri High Court in Douala has extended by six months, the detention of the former General Manager of the Cameroon Shipyard and Industrial Engineering Ltd, CNIC, Zacheus M. Forjindam.

An ordinance signed by Examining Magistrate, Eyike-Vieux, extends the period of the detention from November 9, 2008, to May 9, 2009.The Examining Magistrate, in extending the detention period, stated that the ordinance was in line with Section 221(1) of the New Criminal Procedure Code, CPC. 

This section falls under Remand In Custody and article (1) states that: "The Examining Magistrate shall specify the period of remand in custody in the remand warrant. It shall not exceed six months. However, such may, by reasoned ruling of the Examining Magistrate, be extended for at most twelve 12 months in the case of a felony, or six months in the case of a misdemeanour".

According to this section of the CPC, this will be the last legal extension of Forjindam`s detention.Interestingly, Section 221 (2) which comes next to the above-cited article, it is clear that: "Upon expiry of the period of validity of the warrant, the Examining Magistrate shall, under pain of disciplinary action against him, order the immediate release or bail of the defendant, unless he is detained for other reasons."   

Allegations of Embezzlement

The former General Manager is under investigation for allegedly embezzling some FCFA 970 million from the state-owned company.It would be recalled that Forjindam was sacked on May 7, 2007, and arrested on the same day by the Judicial Police. Arrested alongside him was the then Director of Human Resources at CNIC, Mrs. Rose Constance Njoh Moudio, whose detention has also been extended.

The following day, the two were presented to the Attorney General, who instructed the Wouri High Court to open a file for enquiry.It was also decided that the duo would be kept in detention during the investigation. Later that same day, they were taken to the New Bell Prison. 

The Post has gathered that so far it has been difficult for the prosecution to establish a concrete case against Forjindam to be able to send the matter to court.Forjindam himself insists that he is innocent and the charges against him are false. The investigation had since run into an impasse, over a heated argument about the authenticity of some documents that were presented in court, purportedly incriminating Forjindam.  

The documents (photocopies) were presented by the CNIC auditor, Charles Kuoh, who was supported by the company's Acting General Manager, Antoine Bikoro Alo`o. The said documents include a number of receipts purported to have been issued to some clients of CNIC by Forjindam.

In reaction to the accusation, Forjindam had sworn that he never issued those documents; and that the signatures on those documents said to be his, were not genuine. 

He said the signatures purported to be his were forged. Also, Forjindam`s lawyers, Bernabe Nekuie and Innocent Mbonu, had further pointed out to the judge, the disparities in the serial numbers on the disputed documents. They insisted that the documents had been fabricated in a desperate and malicious intent to incriminate their client.

The lawyers insisted that the originals of the documents be produced. But neither the auditor nor the present management of CNIC, have so far been able to produce the originals of the documents.

Forjindam`s defence team, still in a bid to facilitate things for the court, filed a petition praying the court to seek the expert services of a graphologist, to verify the authenticity of the signatures.

But then in a decision taken on November 4, the Examining Magistrate rejected the demand. In the face of such a decision, it remains to be seen how the investigation will progress, if the originals of the contested documents are not produced in court.  

Demand For Case To Be Thrown Out

Meanwhile, contacted by telephone on November 11, Limbe-based Barrister Innocent Mbonu, who is one of Forjindam`s lawyers, said their stance is that if the originals of the disputed documents cannot be submitted to the court, then the court should do the legal and logical thing, which is to throw out the matter.

He noted that even the Examining Magistrate had admitted that the court did not have originals of the disputed documents, in its file."On what basis then are they prosecuting Mr. Forjindam, if they do not have authentic documents?" Barrister Mbonu asked.  

Comments

[Fon]

Joe Dinga Pefok,
You must be one of Forjindam´s lawyers.
It is good news that his detention has been extended.
Hope the day he comes out,he will rally for more motions of support to Biya.

[rexon]

All Southern Cameroonians involved in Camerounese politics should learn from Forjindams fate. That you can never abandon your people and thrive in the politics of a foreign land, while the resources of your land, the Southern Cameroons is being plundered, its people enslaved, infrastructure destroyed, etc. Southern Cameroonians rise up and use your energy to take what rightly belongs to you which is your country.

[massamoyo]

This is a lesson to other Southern Cameroonians who collect money from our oil,Timber,CDC products etc and flashing to people to foster Biya's of La Republique's campaign thinking nothing can happen to them.Their is next. The first thing we want Forjimdan to utter from his bail is 'let us increase Biya's term of office to ten years' as he use to do.Hahahahahahahahahahahaha

[foncameroon]

The criminal law of any country is not there to serve as a monster to its people but to maintain the intergrity of society. This mission of the criminal law can only be attained only if an accused and the prosecution are given the same stands when this intergrity is to be ascertained.
To accuse someone for having infringed on the right of the other, the former must prove his case while the accused on his part has to furnish evidence to argue away those against him.
Given the case in question, the witnesses for the persecution, Chantier Naval, are un able to given authentic evidence, orignals of documents presecuting the accused, Mr Fornjindam. The examining magistrate should not be acting on the side of the state, owner of Chantier Naval else, the fox has been appointed to precide at a fouls trial. If the prosecution and its witness are unable to prove their case then the case be thrown away, unless our criminal law is sick or is being starved. What will happen when after all this ill treatment Nfornjindam is proven innocent?
All I know with evidence is that, this case is a typical example of the Biya politics of victimisation which serve to present him as a no non sense headache of state. If this was a geniuing moves then why are the Mendo Ze's, Melingui's, Akame Nfoumou's who have proven themselves as charistmatic embezzlers are still at large enjoying the gift of kleptomania?
Lets avoid a situation where innocent people are being sacrifice on the altar of bad economics and autocratic politics. But a word of advice to Bikoro, we know the beti gansters have scored their goal, stay quiet and concentrate to promote their concern of destroying Cameroon while awaiting your turn at the fast approaching end of Biya,s regime.

[Delors]

Is this not a shame that for over six months the french regime at Etoudi is un able to show true proves that Forjindam stole money and this guy is in NewBell Hell. First of all how was this guy arrested and locked up without proves. How could he be locked up before investigating. How do we find copies of documents but we can't find the originals. We are told police men went looking for land he has in Bamenda. I believe biya did not want the world to say that only himself and his francophone brothers have put the country down. Anglophone must stand up and fight for their independence and if there is any doubt about this, then some people have lost the track. It shall happen

[rexon]

Forjindam like Inoni, Njeuma, Achidi Achu, Musonge, Ngute, Ndeh, etc are "House Negros" who are loyal to the colonial masters (La Republique du Cameroun) because they want to get positions in their government. They dont care about us the "Field Negros" who are slaves and have been working in the plantations of the Southern Cameroons though we strongly hate our status as slaves for La Republique du Cameroun. If the "House Negro" becomes unecessary after having been used to rig elections, he must be dumped by their master. Forjindam will only be removed when he is needed, maybe when elections are coming up. Let the "Field Negros" who have been suffering under these colonialism and are fighting to liberate themselves dont occupy themselves with all these Forjindams affair. Lets keep looking for ways of Liberating ourselves and we need to fight all the "House Negroes".

[Ted]

This is just "illegal politics" or drama turning legal.

[Radicalbrother]

Forjindam,
'YOU GO SEE PEPPER FOR PRISON'.
Did Biya send you to champion the course that he should stay in power for ever? NO
Your arrest is based on the concept of regional balance as he is fighting his personal enemies. You were never a friend and will never be a friend to Biya as you thought. If you think I am telling a lie come from the prison let me see.

[Brad]

I think if nothing is found against Forjindam, the man should be released. We should stop the anglo-franco hate that is plaguing our country and move forward. If not today, the day is coming when we all are going to be proud to be Cameroonians, French or English. Who woulda believed Obama will be the US president? Paul Biya has been using this terrorist kinda power to dominate the people of Cameroon for too long. True, it takes imprisonment like this to let those in power positions know they arent indispensable. I mean Forjindam was generating so much money at CNIC, to ever believe he could be treated this way! But here we are. After all is said, he was a good manager. No one is perfect. Who says the person there now isnt already making away with millions of our money?

Release the man if u dont have a case. I dnt envy him spending Christmas in jail if he is free!

Let's not forget there is a God! And his time is the best. It shall come to pass!

God bless us all.