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Tuesday, 18 November 2008

Freed Detainees Urged To Remain Fervent SDF Militants

By Kini Nsom, Nformi Sonde & Victorine Biy

The National Chairman of the opposition Social Democratic Front, SDF, Ni John Fru Ndi, has encouraged the 21 detainees of the party freed from detention following a ruling by the Mfoundi High Court, to remain frontline militants of the party. Fru Ndi made the call last November 6 at his Yaounde Omnisport residence during a reception organised for the freed detainees.

The SDF militants suspected of occasioning the death of Gregoire Diboulé at a controversial party convention in Yaounde were arrested on May 26 2006 and since then; they suffered pre-trial detentions in gendarmerie and police cells across Yaounde. The freed militants also accused of inflicting deep and light wounds, were eventually dumped at the Kondengui Maximum Security Prison.

Fru Ndi who is also in court is being charges of complicity in the murder. Two of the detainees, John Ngu Mbahaning and Innocent Mokto Kom, died in detention. The Yaounde convention convened by late Prof. Clement Ngwasiri with a strong backing from Barrister Bernard Muna eventually degenerated into violence.

Fru Ndi told the freed militants that in a democracy as practiced in Cameroon, adherents to the party must be ready to suffer all sorts of indignities. He said those are some of the tactics employed by the Biya regime to clam down and weaken the SDF.

Recounting attempts on his life and blackmail of his person by agents of the Biya regime, he told the militants that they should understand that in fight for change; they must be ready to be inflicted unwarranted pains as well as loss valuable items in the process.

One of the detainees, retired Colonel James Chi Ngafor, told the press shortly after his release that it is thanks to God that they left the prison alive. He said under normal circumstances, they were supposed to have been released some two years ago. He said they practically lived like animals under detention with maltreatment of detainees being a daily occurrence.

Ngafor noted that even though he was not tortured physically, he was morally sapped. He however stated that because of his rank, he received some sort of respect especially from the prison guards who know him. Referring to the Mfoundi High Court ruling, Ngafor observed that despite the rotten justice system of the country, they are still some upright judges.

Meanwhile, and following preliminary objections from the SDF defence lawyers led by Barrister Francis Sama and responses from the prosecutors notably the State Counsel, Maurice Soh and civil party lawyers led by Barrister Innocent Bonu, the Mfoundi High Court last November 5 delivered its ruling.

Presided at by the Chief Judge, Gilbert Schlick, a deaf and dumb, Justice Mbah Mbatt, who was amongst the 21 detainees, was acquitted on ground that he was not interrogated during preliminary investigations. Barristers Christophe Tchudjo and Simh had condemned the officer who carried out the PI for wrongly demonstrating clairvoyance in scribbling imaginary things about their client Justice Mbah.

Tchudjo told The Post that their services to ensure the liberty of Justice Mbah, was sought by Wellbeing Africa, an association that caters for handicapped persons.
The court also threw out preliminary objections by the SDF lawyers calling for the withdrawal of the Preliminary Investigations, PI, report that was conducted by the gendarmes from the case file.

The SDF lawyers had argued that the PI was carried out in blatant disrespect of the new Criminal Procedure Code. But after deliberations, the court described SDF lawyers' claim as unfounded and rejected their request. The same ruling also ordered for the immediate release of all the 20 detainees from the Kondengui prison. From analysis by some legal minds in court, the detainees will henceforth, beginning December 3, attend all the court sessions as free citizens from their homes.

According to Schlick, the administrative order of July 30 2006 by the SDO for Mfoundi sanctioning the detention of the suspected SDF militants as well as a January 30 order prolonging the detention was against the provisions of the law. Ordering their release and adjourning the case to December 3, the judge remarked that except they were under pre-trial detention for other reasons, all of suspects should be set free. Schlick said release warrants were also issued to those claimed to be dead because the court has no death certificates in the file as justification.

In a reaction to court ruling, Barrister Sama said his Francophone colleagues should adjust as fast as possible to the new Criminal Procedure Code, CPC, which drew its inspiration from the Anglo-Saxon common law sub system. Regretting that two militants died in detention because justice was delayed, he said the judge in delivering the ruling surely demonstrated a high sense of independence.

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