By Pegue Manga & Olive Ejang Tebug
The Meme High Court, holden in Kumba, Tuesday, December 7, sentenced first accused, Johnson Ayuk, to death by firing squad for murdering Hon. Barrister Martin Esuka Eseme, in his residence in Kumba on the morning of December 15, 2000.
“We have identified Johnson Ayuk as the perpetrator of Eseme’s murder by premeditation. He might have done so in concert with the Muketes, but the prosecution has failed to prove it,” Justice Tasi stated.
He was delivering the unanimous judgement on behalf of the three-man panel, also comprising Justices Martin Mbeng and Charles Menyoli.
The panel acquitted Caven Nnoko Mbele, Government Delegate to the Kumba Urban Council, and Nfon V.E. Mukete, paramount ruler of the Bafaws.
Late Eseme’s houseboy, Joseph Agbor Tabi, was also discharged and acquitted.
Justice Tasi remarked that the prosecution had no direct positive evidence that any of the accused persons murdered Eseme. But he said Eseme’s murderer(s) did not only want him dead but also made sure that he felt the excruciating pains of death – the back of Eseme’s skull was destroyed and his eyes pierced.
“This establishes premeditation. The act is so cruel, deliberate and malicious for this court to ignore,” stated the judgement.
No murderer shows his plan around before executing it, the panel stated. Consequently, premeditation must be based on interpretations of facts and inferences.
The court found Ayuk culpable for telling lies, manipulating and threatening witnesses and fabricating evidence.
The panel of judges pointed out that Ayuk had been very close to Nfon Mukete, and since 1990 they had been conspiring to cause the demise of Nnoko as Government Delegate.
On the threat and manipulation of witnesses, Ayuk is said to have threatened to shoot second prosecution witness, Peter Etinge Lenya, for saying that he saw him in a black car trailing Eseme the morning he was murdered.
Ayuk reportedly took Etinge to the Southwest Attorney General’s office in Buea and caused him to change his original statement.
Etinge became reticent to volunteer evidence, the court inferred, because of threats on his life. This resulted in the second prosecution witness making four different statements during the trial.
He was later treated as a hostile witness by the prosecution.
On fabrication of evidence, the court recalled that Ayuk and two other people went to the home of the 13th prosecution witness, Alice Ndip, posing as detectives from the Criminal Investigation Department, CID.
They asked for the diary belonging to Alice’s late brother, Lawson Egbe who had allegedly died of AIDS and inserted information in it, incriminating Nnoko Mbele as the killer of Eseme.
Ayuk also took Alice Ndip to the then Southwest Attorney General, Justice Ben Duala Ekoko’s, office for the lady to volunteer statements on the death of Eseme.
In one of their trips from Malende, Muyuka, where Ndip lives, Ayuk is said to have brought out a cassette, which he played in his car radio, claiming it was a confession made by Ndip’s late brother Lawson Egbe.
Ndip had told the court that he could not recognise the voice. But Ayuk persisted that it was Egbe confessing to a herbalist before he died.
The person whose voice was recorded in the cassette stated that on December 13, 2000, he went to Ekondo Titi to transport some people to Kumba using the Council ambulance on the instructions of the Government Delegate.
In the judgement, the panel held that there was no evidence that the Council ambulance driven by Egbe, went to Ekondo Titi on December 13, 2000, because around that time Egbe was said to be very sick.
The court also maintained that the cassette was a fabrication to nail Nnoko.
The judges rejected Nfon Mukete’s statement that the person in the cassette spoke English.
“We have listened to the cassette and no word of English was spoken in it,” the panel of judges stated.
The judges also said they compared the writing of late Egbe in his diary and discovered that it was different from the piece of information supposedly inserted in the diary by Ayuk.
The court maintained that Ayuk told a lie that his car, the black Mitsubishi that supposedly trailed Eseme that night, was in a garage.
“Ayuk failed to call a mechanic to testify as to the veracity of this allegation. We hold that the evidence given by Matu Makia, first prosecution witness, that he saw Ayuk and Abel Mukete leaning on the car, is evidence of positive identification.”
The panel asked rhetorically: “Why tell lies, threaten witnesses and fabricate evidence if you are innocent. Why all these machinations?”
“These lies and fabrications are all strands that, put together, make a strong rope pointing to the first accused, Ayuk, as the murderer of Eseme by premeditation,” the court declared.
Nfon Mukete Acquitted
The judges reluctantly acquitted Nfon Mukete on the basis of “benefit of doubt.” They said Mukete raised a defence of alibi.
According to exhibit tendered by Nfon Mukete on December 9, 2000, he was attending a board meeting in Yaounde. However, the meeting ended on December 11, 2000.
“The Nfon has explained to this court where he was between December 11 to 15,” stated the court.
The judges nevertheless said, “Section 137 (1) of the Evidence Act requires the prosecution to prove its case beyond reasonable doubt.
But there is no evidence that Nfon Mukete worked in concert with Ayuk to murder Eseme. This raises the issue of doubts that must be ruled in favour of the accused, Nfon Mukete.”
The court noted that Mukete has an endless love for the post of Government Delegate.
“This can be seen in his visceral hatred for Nnoko Mbele,” states the judgement.
On whether Mukete ordered Ayuk to murder Eseme, the panel remarked: “Some Bafaw people think so. But for that to be true, there must be evidence of concert or joint enterprise, which has not been proven.”
According to the judgement, Nfon Mukete was contemptuous of the court, “He carried his ego so high in a bid to derail the cause of justice.”
The judges stated that during the trial, they watched the demeanours of Ayuk and Nfon Mukete and found them to be consummate liars.
Nnoko Mbele
The court declared that the Muketes and Ayuk concocted evidence against Nnoko Mbele to elbow him out as Government Delegate.
“There is a lot of evidence that the Muketes tried to tamper with witnesses to fabricate evidence that Nnoko killed Eseme. The Bafaw natives cried foul but these gentlemen continued in their diabolic acts,” the judges stated.
For the second accused person, Joseph Agbor, the court stated that he had no motive to murder Eseme somebody he had lived with and worked for, for 14 years.
“Though we are not satisfied with his statement that he went to relieve himself in the bush instead of the pit toilet, there is no motive to show that he participated in Eseme’s murder,” the court ruled.
After listening to an alocutus (pleas made by a defence lawyer after his client has been found guilty) from Ayuk’s lawyer, Barrister Elias Eyambe, Justice Tasi said taking cognisance of the very serious nature of the crime, including the lies and cover-ups, “we sentence the defendant to death by firing squad.”
Johnson Ayuk was immediately handcuffed and taken to the Buea Central Prison to await execution.
Are we sure this is real justice?
If I look at the characters in this case, I do not yet find Johnson Ayuk to be personally motivated to kill a great figure in society like Hon. Esseme, because he (Ayuk) is not an aspirant of such high-level political offices. Even though the judges capitalise very much on his threats on witnesses, there is, from my judgement, still not sufficient proof beyond reasonable doubt, that Ayuk is the murder. What I as neutral observer strongly hold is that one of those big names (Nnoko, Mukete etc.)or another big name that might not have surfaced in the case is the architect of the babaric act on late Esseme. Mukete, Nnoko etc. should not simply be left to go completely free of punishment, because there is no reasonable proof of their involvement in the murder! Is it that these politicians enjoy an immunity or they are above the law? I expect the Cameroon justice to identify that such people like Ayuk, if really guilty, are victims of plots well organised by the big names. Thus, more thorough investigation should prevail in such matters, else Hon. Esseme shall not be the last.
I am a child of Kumba.
Posted by: A. Che Mofor | Friday, 10 December 2004 at 03:30 AM
Mofor, have you really been following up the reporting of this case from the post? Johnson Ayuk is well linked to the Mukete's and even claimed he proposed names to the former PM musonge for the post of gov't delegate to the Kumba urban council, for which his was there with Mukete and the late Eseme. The Eseme dynasty was being brought into the limelight by Nnoko Mbele as the true Nfon of the Bafaws which is true. This Fuelled hatred by the muketes as such brought out several plans to silence Nnoko who is very strong to be dealt with. They schemed him out of the position of CPDM party leader for Kumba with assistance from the authorities that be in Yaounde for openly challenging them in SWELA meetings. Eseme who was the likely person to be appointed was then eliminated and fingers pointed to Nnoko Mbele who has been doing everything as a true son of Kumba from his days as Mayor and now government delegate. Nobody can do what Nnoko Mbele has done for Kumba, who is applying what he studied, to develop Kumba. His Popularity is not liked by the ruler of the bafaws and his decendants as such the only way for them to continue reaping Kumba off is to eliminate any strong opposition to their dynasty. Nnoko Mbele is the only voice of the people in that Kumba, as such a careful plot by the Mukete's and executed by their henchman and eran boy Ayuk Johnson. So you see, Ayuk Johnson executed the plan successfully and went ahead to make sure that Nnoko Mbele is fully incriminated. What a Mecenary. Ask him how much he was given by the royal family to execute the plan and to ensure that all traces linking the royal family was cleaned. A well calculated plot Hmm? The Nfon was out of Kumba and waiting to be called on telephone that the plan has been well executed....Ayuk surely received a congratulatory message like this welldone my boy, you will be my deputy delegate or the main contractor, you know I am well connected in the country. That Fool called Nnoko thinks he can challenge me in Kumba and go free...So you see the Alibi all pointed to Johnson Ayuk as the main executioner
Posted by: Robby orock | Friday, 10 December 2004 at 06:29 AM
The first commentary is perfectly stated nothing to add.
Perfect insight
Vincento
Posted by: Mike | Friday, 10 December 2004 at 07:26 AM
Buea justice - Proof beyond reasonable doubt???
Johnson Ayuk is innocence and the system knows that.
Local gossip and money changing hands sents a man to his death - I will send my my mother-in-law to Law school in Buea.
FREE JOHNSON!!!!!!!
I. makia
Posted by: i. makia | Friday, 10 December 2004 at 09:28 AM
I am personally concvinved Ayuk Johnson killed Lawyer Eseme because of his braveness and his total loyalty to the Mukete`s, possible for Chieftaincy reasons.
I am a reader of the Post. The court has done a wonderful job.
Post Reader.
Posted by: Ngoh Wilson | Friday, 10 December 2004 at 10:04 AM
As somebody here said, King Mukete has been fatally wounded. The arrogant old man who has enjoyed a life time of impunity and feudal privilege has been humiliated. He should now stay in his bedroom and disband his gangs of thugs. His implication in the murder is transparent to anyone with a bit of commonsense. It just did not rise to the level of legal proof. Nnoko is something of a rascal, but he did not commit this crime. However, he should not rejoice over his victory and take this with some humility.
Posted by: Frederick | Friday, 10 December 2004 at 11:26 AM
Eseme was not killed for money ,neither was he killed to inherit his property,Marry his wife, etc etc.
Question.
Why Eseme?
People have been killed on our streets for change.
People have been killed after a simple disagreement.
Spouses have been killed to marry a sweet heart.
People kill for the most absurd reasons,but there are REASONS, no matter how absurd the reasons may seem.
Is there a reason for Ayuk on his own to kill Eseme?
Not sure but could guess
To be the next in Parliament?
To fight for Bafor chiefdom(I guess Ayuk is from Manyu)?
To question how the council is run?
To audit/question local authorities?
To petition delinquent authorities ?
The list may continue but even without knowing Ayuk all these reasons seem far fetched
With the high profile names involved in this case it is hard to beleive that there is no connection whatsoever By the way how did they get connected,in the first place.
It makes sense that the high level personalities were involved but I deeply feel something was either missed or deliberately ignored in this case.
Since Ayuk would not on his own take up the task of going after Eseme this begs the question
1)WHO IS HE WORKING FOR.
2)WHO IS HE CLOSELY TIED TO THAT WILL HAVE SUCH A MOTIVE.
3)WHO MAY GAIN FROM THE ABSENCE OF ESEME.
4)WHO DID NOT GET ALONE WITH ESEME.
If Eseme was not an "elite" this case could have gone cold earlier than now .
Even so,this bothers me as a missed opportunity to show our brethren that no one is above our laws.
Go to the bars and ask what happened and you will probably be told the plain truth
Thanks
Posted by: Jam Nabi | Friday, 10 December 2004 at 11:29 AM
A similar lesson needs to be taught to the psychopath who is King of Balikumbat. In his case, the implication is more direct, and he should earn the executioner's bullet between his eyebrows.
Posted by: Frederick | Friday, 10 December 2004 at 11:30 AM
The Post is doing a great job in reporting such issues like the Esseme case, but remember that The Post is not a bible. Even the bibile still has a lot of things to prove.
My point is that Ayuk might have executed the plan, but he is not the author of the idea, neither was he going to be the main beneficiary of the outcome.
This is further proof that the Cameroonian law is valid for the weak, while others enjoy criminal immunity.
Who is not aware of this? It starts from the Supreme Court that swears in the wrong president, through the customary courts that favour their "kontry people" to the quarter heads that punish others for beer.
Alles klar?
Posted by: Che Mofor | Friday, 10 December 2004 at 02:00 PM
Mr A. Che Mofor, you must have been asleep through this entire trial. Your first comment came across as if from some one who had just awoken from hibernation. What is most important and obvious is that Ayuk MAY not be quilty of this murder, wheather in connection with the Muketes or not. As someone earlier stated, people get killed for pocket change. Esseme had been returning home from an evening of drinking. Everyone knows that people get mugged in Kumba, especially someone who may be known to have a little change on him and seemingly intoxicated. It may have been an accident. It also may actually have been a major conspiracy to silence the only legitimate threat to the throne of Kumba. All I know is this, as long as any of those obtions could have been true in the circumstances, Ayuk should not have to face the firing squard. Everyone knows in town that the Mukete children have all temporaryly left the country (at least the ones that are always hanging around here running their mouths). Kumba people are ashamed of the way Nfon Mukete has conducted himself towards Nnoko in his obvious obsession in reserving any position of influence for himself and his children. Nnoko's only fault is that he is not known for being very diplomatic and has offended many old bags as he tries to do his job as he best has proven to know how. It is unfortunate that the old fart Mukete has lost the respect and support of his own people. I wonder what is going to be done by Muketes obvious tampering with and fabricating of evidence. Can he face a charge for that?
Posted by: Njang t. | Friday, 10 December 2004 at 04:50 PM
Cameroon Judiciary on the Move
- slams death sentance on "slave Prince" Ayuk Johnson.
The rule of Law must continue to prevails. Chief Muke has lost all the reputation he has taken years to build. He is now close to death, and there is just no time for him to gain the reputation he has lost. The powers in Yaounde know this, Ayuk Johnson is a terririst. He killed Lawyer Eseme and he also will be killed. The Mukete`s are trying to get him out, it is alledged, but this is not possible. The late Lawyer Eseme has a son who is a medical Doctor in Italy. Eseme`s ghost will hunt the families of the killers. Ayuk Johnson is a very stupid boy, poor palace slave. Goodbye to Kondengui.
Posted by: Agbor Walters | Saturday, 11 December 2004 at 05:04 AM
Let the cold-blooded murderer Johnson Ayuk confess it all to the public and admit stupidity himself.
Ayuk carried out the act but who wrote the plot and who directed it ? Ayuk, speak out or die to hell.
JM
St Louis, USA
Posted by: James Makum | Saturday, 11 December 2004 at 06:10 AM
I WANT TO SHED LIGHT TO THE ESEME MURDER CASE,IT IS USUALLY SAID THAT A FOOLISH MAN IS THE PERSON WHO DOES DIRTY JOBS JUST LIKE AYUK WHO IS NOW CAUGHT WITH THE EMPTY BAG WHILE THOSE WHO ARE WISE HAVE MADE USE OF THE MONEY THEY STOLE TOGETHER.HOWEVER AYUK IS NOT INNOCENT, BUT HE WOULD HAVE SAID THE TRUTH BEFORE IT BECAME TOO LATE SO THAT THOSE INVOLVED SHOULD BE PONISHED ALONGSIDE WITH HIM.
I AM SORRY FOR AYUK THAT HE IS GOING TO DIE ALONE BUT THAT WILL NOT CHANGE OR STOP THOSE CONCERN TO PAY EVEN A GREATER PENALTY,FOR THEY WILL RECEIVE A NATURAL PENALTY AND PONISHMENT FROM THE ALMIFGTY GOD.THE CHIEFDOM IN KUMBA WILL STILL BY THE MAKING GO TO THE RIGHFUL OWNER,FOR KILLING ESEME HAS NOT ELIMINATED THE LINAGE OF THE MEDIKI'S.AND IT WILL CAME TO PASS.MUKETE HAS DONE HIS BEST WITH POLITICAL INFLUENCE FROM [CPDM]HE HAS PLANTED BAD SEEDS THAT HIS CHILDREN ARE GOING TO REAP.HE HAS BEEN DOING THE SAME TO HIS OWN BROTHER WHOM HE SUCCEEDED TO SURPRESE,THE MISTAKE HE HAS MADE IS TO EXTEND TO THE MEDIKI'S WHO HAVE BEEN SILENCE BUT KNOWING THAT IT WILL ONE DAY CAME BACK TO THEM.ON THE PART OF NNOKO MBELE HE SHOULD BE LET TO DO THE GOOD WORK HE IS DOING FOR US IN OUR KUMBA,ALTHOUGH HE HAS HIS OWN SHORTCOMMINGS,HE IS THE BEST WE'VE EVER HAD IN THAT POST AS MAYOR OR DELEGATED BY GOVERNMENT TO THE BEST HE CAN DO,BUT HE ALSO BE AWARE THAT THE CURRUPT GOVERNMENT HE IS SUPPORTING WILL ONE DAY REMOVE HIM FROM THAT POST AS SUCH HE SHOULD BE KIND TO THOSE HE TREATS WITH BECAUSE HE WILL ALWAYS REMAIN IN KUMBA.ALTHOUGH HE IS SAID TO BE A NIGERIAN,WE KNOW THAT HE IS A CAMEROONIAN EVEN IF IT IS BY BIRTH.
MUKETE CHRISTOPHER [UK]
Posted by: mukete christopher tabih | Saturday, 11 December 2004 at 09:47 AM
The Eseme case portrays to some extent what the Biya and the CPDM juncta have reduced some Southern cameroonians to.
What was actually on trial was not actually the people who were charged, tried and convicted or acquited but a system where people acede to power through the worship of false Gods like Paul Biya inorder to get appointed through backstabbing, treachery and crime.
In a sense, those on trial are part of a crime syndicate under the cover of the CPDM that has over the years,harrassed peace loving and hardworking citizens, rigged elections to enthrone a wicked and fraudulent system for personal gain; in the result, making a mockery of democracy.If not, for the CPDM political system, why on earth, should the mukete and the Nnoko Mbelles all biya's political creatrures and stooges hate each other to the extent of being put on trial for such a heinous crime?
In a system such this, the over zealous end up paying the price.And Ayuk like many members of Presby are among this category.
The type of justice that has just been meted out in Kumba will likely be replicated in Balikumbatjust beacause these areas happen to in Southern Cameroons. Which system of justice could dare the Rey Boubas of La Republique who not only are the personally friends of Biya but are either decorated for their crimes or given state burials upon death?.
The justice that was meted out in Kumba still does not mean that justice has been seen to be done.
Reading the Post report, i fail to find any reasonable answer from the judgment that must be answered before any criminal judgement is seen to be credible"Whom did the crime benefit?"
The above said, let many who who commit crimes in the name of the CPDM or in furtherance of its many crimes against the people and it'sgoverning style these 23 years know that there is a time for every thing under heaven.
Chief Charles Fuatabong Achaleke Taku
Lead Counsel,
UNICTR-Arusha Tanzania.
Posted by: Charles taku | Sunday, 12 December 2004 at 04:01 AM
AYUK JOHNSON KILLED ESEME.HE HAD ONCED SHOT AND KILLED DURING ELECTION DAY SOME AGO. WHY DID HE KILL WHEN HE WAS NOT ASPAIRING? ANY PERSON WHO DOUBTS AYUKS ABILITIES SHOULD SHOULD THINK VERY WELL. HE IS NOT A SON FROM BAFAWS? THEN WHY SHOULD HE BE SO DEEPLY INVOLVED IN THE BAFAWS AFFAIRS. NA HE BE THE ONLY MANYU MAN FOR KUMBA? MASSA MAKE THEM SHOEW NO HEAR HE
Posted by: NDOLO | Sunday, 12 December 2004 at 01:05 PM
It is a shame that the false so called chief continue to fight our family from my great grand father to my brother NNoko Mbele. Justice was rightly served for a change in cameroon. The bible says that thou shall not kill. It is important to us that the false chief should not go unpunished. Waiting for the day that justice will be served and the false chief is sentenced to the gallows that he really belongs.
Martins NNoko. New York, U.S.A.
Posted by: Martins NNoko | Sunday, 12 December 2004 at 08:46 PM
I am not a jurist and I do not come from Kumba. What I do not understand from this judgement is why, of the two people found to have told lies before the court, one is sentenced, the main reason being that he lied, and the other is let off the hook for want of conclusive evidence. I believe Ayuk was guilty, but I think the Judges did not have the guts to find Mukete guilty for fear of their own lives.
Posted by: Peter Aka | Thursday, 16 December 2004 at 07:25 PM
I do write to congratulate all those who have written positively one way or the other commenting on the Judgement on the Eseme Murder that we delivered in Kumba.I thank all of you and The Post Newspaper and its online half.
I pray the post to get my names right. I am called Justice, THEOPHILUS TAYI TATSI. At least the name 'Tatsi' was wrongly spelled.
Thank you.
Posted by: Theophilus Tayi Tatsi | Monday, 20 December 2004 at 12:53 PM
Tribute to "The Post" Electronic Edition
Death of Eseme is a Challenge to the Judiciary
My congratulations to the Post Newspapers that took up the matter of Eseme. This matter could not have received widespread publicity if not of the media. We know the main killers, those who asked Ayuk to kill, I mean. Ayuk was so foolish that he lost his sences. Perhaps he has been promised the post of Assistant Government Delegate for Kumba, when the masterminders must have taken control of the council, which they much much cherish, and the main reason for hatred against Caven Nnoko Mbelle.
Now, the matter is ended, and Ayuk will leak his wounds alone, as his Lawyer prepares to go on appeal.
The death of Lawyer Eseme is a challenge to the Cameroon judiciary. Ayuk will not be released even on bail, I pray, until the appeal court judgemet in Buea.
Ngoh Wilson
Posted by: Ngoh Wilson | Wednesday, 22 December 2004 at 07:50 AM