Court Stops Muna From Parading As SDF Chairman

By Chris Mbunwe

The Mezam High Court Tuesday, September 26, delivered a judgment ordering SDF faction leader, Barrister Bernard Muna "to stop forthwith from parading as Chairman of the SDF party."

According to the 17-page judgment, delivered by Justice Emile Ambo, all the resolutions of the Muna faction of the SDF that held on May 26, 2006, in Yaounde together with whatever documents that were issued have been declared null and void.

The court warned that, "the defendant (Ngwasiri) and Barrister Bernard Muna and any of their agents would be committing a contempt of court and the administration if they persist in their illegalities."

Relying on an originating summons by which the SDF is therein referred to as plaintiff and Hon. Clement Ngwasiri as defendant, the court noted that while Barrister Francis Sama and Magselus Nyah appeared for the plaintiff, no counsel showed up for the defendants nor was a counter-affidavit filed in opposition to the originating summons.

The judge also noted that on several occasions, Ngwasiri engaged in activities that are unconstitutional vis-à-vis the party.

The judge declared that Ngwasiri as a militant of the SDF, accepted to abide by the provisions of the party's constitution as well as its policies, programme, ideals, rules, regulations, directives, decisions and to refrain from pursuing any course that would be inconsistent with or inimical to the SDF's interest.

Justice Ambo maintained that by failing to challenge the sanction excluding him from the SDF within the time limit and by the procedure provided in Section 16.2 of the Party's Constitution, Hon. Ngwasiri became, "with effect from the March 28, 2006, a non-militant of the SDF."

The court declared that the National Executive Committee, NEC, of the SDF elected in 1999 continued to exist until there were fresh elections at the elective convention that took place in Bamenda on May 26, 2006.

"That Hon. Ngwasiri having freely resigned as President of the National Advisory Council, NAC, of the SDF on May 12, 2003 could no longer act in that capacity as he was not the President of NAC, after May 12, 2003.

"Any act performed by him (Ngwasiri) after this date in the capacity of President of NAC like his press release of February 13, 2006, is null and void and of no legal effect," the judge held.

Ngwasiri, Ben Muna and others were reminded by the court that the Standing Orders of the SDF Conventions could and can only come into play when the convention had commenced its order of business and the President of NAC could exercise the functions of NEC only in the event of non-election of the members of NEC after it had been declared dissolved - a situation that never existed before Ngwasiri, Muna etc, adventure of "taking over the party".

The court noted that the Minister of Territorial Administration and Decentralisation is the only authority empowered by Section 17 of Law No. 90/056 of 19/12/90 on political parties, "to suspend for a period of three months the activities of any political party responsible for a serious breach of peace." This, stated the judge, the Minister had not done.

"The Minister has not suspended the political activities of the SDF, all its organs and activities continued, and continue to subsist and the party continued to and continues to carry out its political activities in conformity with the law," stated the judgment.
The court annulled Ngwasiri's February 13, 2006, NAC meeting, declaring it unconstitutional.

"Any of Ngwasiri or his agents or sympathisers in the name of the SDF party after the ruling of this court is illegal and therefore null and void".The Mezam High Court also ordered that any meeting or gathering orchestrated by the defendant, his agents and or sympathizers in the name of the SDF party, in violation of the banning order of the Yaounde administrative authority, is equally null and void.

Muna's Lawyers React

Lawyers for Hon. Ngwasiri and Ben Muna, are preparing to file a motion on notice challenging the judgment. Innocent Bonu and Anthony Amazee in a motion still to be filed, are praying the court to set aside the judgment. They are also praying the court to grant the applicant (Ngwasiri) leave to enter appearance and re-listing the matter for hearing.

Reasons for Setting Aside Judgment

The lawyers, in an affidavit in support of the motion, stated that Ngwasiri, who is still sick, was not served the originating summons. They said neither the applicant (Ngwasiri) nor any members of his family or friends were aware of the existence of the said suit.

According to the affidavit, Ngwasiri became aware of this suit after judgment was delivered on September 26 and "he was informed of the judgment by Barrister Bernard Muna who happened to have read the publication in a newspaper on September 29".

The lawyers averred that the same Mezam High Court presided over by Justice Nkengla JA on July 19, had in suit No.HCB/278M/05-06 entertained and disposed of the issue raised in the present suit, but that Barrister Francis Sama, SDF defence counsel, gave oral notice of appeal when the ruling was delivered.

Comments

[Fon]

This the key point of the judgement:
"Ngwasiri, Ben Muna and others were reminded by the court that the Standing Orders of the SDF Conventions could and can only come into play when the convention had commenced its order of business and the President of NAC could exercise the functions of NEC only in the event of non-election of the members of NEC after it had been declared dissolved - a situation that never existed before Ngwasiri, Muna etc, adventure of "taking over the party"

The facts about the case are so clear that no matter how corrupt a judge may be, there is no room to fumble.

Ben Muna can pack his bag and begin his journey to self exile or continue to wail inside his own fiasco. To hell with those who have been writing garbage here in the name of Muna and Ngwasiri. They can continue counting their "doom days" en route to self exile.

[Muki StoneHall]

BACK TO SQUARE ONE!!

I have said here several times that we should not strive to quench our thirst for political supremacy and/or democratic change in Cameroon by drinking from the cup of illegality,unconstitutionality,blackmail and false propaganda.
The learned Ngwasiri,engineered and misled by the greedy Muna embarked on a hopeless adventure that was doomed to fail from the very day of its inception.Along the way,they have misled and misinformed many Cameroonians and sadly too,pushed poor Debouile to an untimely death.This is clearly just the beginning of Muna's waterloo.If Cameroon were a state of law,muna and his group will answer for the death of Debouile.
I cried out here very loudly that no matter what muna et al may stand for,no matter their intentions,their approach was illegal and was therefore bound to fail.
It may be true that the present SDF leadership has exhausted all it's strategies and is now standing with hands at akimbo and yawning,but it can equally be argued that illegality and unconstitutionality is not the way forward.

Vally,Teribobs,Mukete et al...
So what next?Your Muna hero is on his way down.As I told you,you gave your support to,or were bought by the wrong person.Now it's time to go back to square one to re-think a better way to unsit Fru Ndi from the helm of the SDF or liberate Cameroon from the regime in Yaounde.Right now there's only one solution...join the new initiative to liberate Cameroon.
Looking forward to meeting you guys in the yahoo group for serious talks to begin.

[Atangha]

Dear ALL,
The biters have been bitten! Their political retirement has just begun. Even if Muna runs to London, he'll be one day brought back to face the law.

I feel sorry for some news organs that Muna have destroyed. Muna used his father's name to misled a few. Today, the likes of Mme NGATOM Odette, Mme NYAH Margaret and so on, are preparing for their early political retirement. Of course they were visionless. I hope Muna will take them to London.

Cheers & I'll be back!

[Fon]

"Watesih and gangsters,
I can see that you have not stopped having nighmares. I am back. "

Posted by: Teribobs | Monday, 02 October 2006 at 06:11 PM

Terribobs,
Remember that you cautioned here time and again that the court ruling should be respected. Do you have any advice for Muna at this juncture or you will continue prattling?

[Big Joe]

Oooooo shame oh!

[knganjo]

Muna has been described by some on the forum as a distraction.I believe that this description is mild.This political lunatic just like the father is not only a disappointment but a disgraced and an embarrassement to Cameroon and the international community.The truth we are told will always prevail.The sdf saga is a living example.Thanks a million times to the courageous judge of the Bamenda High Court.It is hoped that confused fellows like the famous Valley of England will learn from this verdict.Valley got so confused to the point where he had the courage to ask Watersih why Fru Ndi alone has to use the sdf logo.Well, Mr England,Fru is the only recognised and legitimate Chairman of the sdf.That is why he has the authority to use the sdf logo.On the otherhand, Muna is a small political thief who does not have any political base. He is impatient,cunning,deceiptful,and dangerously ambitious.If he thinks he has any following let him go a head and creat his own party.At that moment we shall have known who the real political leader in Cameroon is.

[Belner]

Oh Ben Muna! Like father like son. He gave a prison to our parents. What do you have for us?

[Teribobs]

Fon,
Of course I will respect any level headed verdict. Not pre-arranged verdicts. I guess you didn't read the first and the last part of that article. There is a missing link but since you choose to read what you have in mind you can continue having orgasm with this half-baked judgment. I am still waiting for the Mfoundi High Court.

[rexon]

Knganjo,

You make a mockery of the soo called politics of the SDF. Who do you think the real political leader is? Remember, Mr Biya did informed all his puppets and political leaders in la republique to go to school to be able to challenge him. To the best of my knowledge, that included Ni John Fru Ndi.

[vally England]

Teribobs,
Worry not,if the judge was not sick and corrupted let him answer these few questions.
*Who have to convene the order of business of the sdf?Fru ndi? and why?Is the sdf his private property?What should some founding fathers do,to bring one of them who has decided to be dictatorial?start killing as he is doing?
*Why did mr judge not inform the lawyers of ngwasiri/Muna?
Nice to learn that the matter has been appealed.This fraudulent judge will not be handling the matter further, watch this space.

''The facts of the case are so clear that no matter how corrupt a judge may be there is no room to fumble''FON LAWRENCE.

What a way to take side.
The ministry of Terrotorial Adm. never legalised the sdf as fru ndi's private property.Cpdm is biya's private property not the sdf.
Judges should be finding ways of cusioning fru ndi for owning a group property and bringing him to order.That's what democracy is all about,restricting the powers of dictators.The sdf can not have been created by a group,today one person is busy dinning with that property and judges are afraid to bring him to order.
That is not justice.
Vally
England

[Tita Mofaw]

The truth is that some people are too ashame to face the reality.Even without this verdict everybody including, Chief Inoni Ephraim knows that Muna is just a distraction who has no place (even if the political platform in cameroon has a big vacuum).I bellief that if I stand in for an election with Muna I will win on a landslide margin.

Even the above people who have nice words to say about Muna don't really support him because they are all having this bad dream about SCNC or are die hard CPDM fans.Who then is going to support Muna if his sympathizers are all SCNC and CPDM activists?

[rexon]

Tita Morfaw,

This is a provocation to the southern cameroonian people. Who have told you that the SCNC can have anything to do with a lunatic like Muna and anything relating to the CPDM? The Muna and Fru Ndi's are all a group of people fighting for La republiques corrupt junta. They are the real CPDM and not genuine SCNC supporters and sympathisers. Try to be real here.

[Roki of Shanghai]

If this court ruling was in favour of that Muna faction, the Muna drum beaters on this forum would have gone wild with excitement. I wasn't surprised when i kept on reading stuff that make sense from people like Fon,Muki Stonehall and so on.Only then was rexon able to gather momentum to point a small finger from his political dying bed.The others followed suit judging the judge for clipping their masters wings.I'm not surprised to hear that Ngwasiri became very sick and Muna only read from a newspaper. What do you expect to hear people?They've known all along that they were playing a rigged game.None of them showed up at the courtroom and then started forming more lies to cover up the other lies.Muna thought he was a cock, now he knows he is cockroach."chairman for faction SDF don finish" hahahahaha.Nemesis is catching up with some of these people.
Truth is rising again.

[Watesih]

Teribobs FB,Mukete,Vally,Fritzane,

The die has been cast!The judgement the Court delivered on September 26th can be looked at from different perspectives.First it is the triumph of virtue over vice,it is the the triumph of a whole people over imperialists led by Muna and his offshoots on the Postnewsline like BrenteribobsFB, Vally, and Mukete.It is the triumph of hardwork over scam artists,it is the triumph of truth over journalistic hitwork led by Le Messager.Again ,it is the triumph of a way of life of a people over a clan of people suffering from inordinate ambition.It is the triumph of one legal system that stands for truth,swift justice over legal mercenaries led by colonial hybrids .
The better part of the 400 million Muna got from the French to destabilise the SDf has been spent the way ill-gotten wealth is spent,but the remaining crumbs will prove too bitter to consume.Let Muna continue to use Alex Azebaze of Le Messager,an enemy of the way of life of English speaking Cameroonians ,and user of a language of death ,to craft the doom of a party he joined through the back door.Let Muna continue to place people like BenteribobsFB in Netbars for entire nights to do the job even devils are afraid to do.This is what an apparently pervated Cameroonian wrote few weeeks ago,"There`s someone who makes some very good comments about Ni Ben.His name is ...I`m Ni Ben`s supporters and Ni Ben wants to meet him,to thank him for the good work.If it`s you let go and meet him" .This comes from the same songbirds who want to pass for angels on the Postnewsline.This are people who are not only out to destroy the way of life of a people,but to rundown the few leaders this people have got.When people spend sleepless nights in Cybercafes ,and expect to be remunerated ,what can we expect from such a bunch?Just read what somebody without a soul like Mukete will want to write about the people he pretends to speak for," I think enough is now enough.We of the Left Wing canno longer associate with this `Graffi' group.I think the SDF should remain a Bamenda njangi group.Btw,it is they who come to the Southwest for survival.Let Fon Lawrence ,Klemenceau,Watesih,Aaron Nyankwe,
Kgnanjo,and their `behind the scene' accomplices go and die.KAM NO GOS.If you disagree ,why do you refuse to leave Kumba even when they ask you .Because you are all like Fru Ndi".People became so ridiculous because they wanted to see the SDF dead.They tried to seize advantage of the SDF imbroglio to destroy what English speaking Cameroonians hold as heritage.I want to tell Mukete that we are not going to die,as he asked!He is the one who is always on the run.Let him not abandon the fight midway!
Two weeks ago BenteribobsFB wanted to step into a debate that centered around the economy,but he shied away ,promising to come back forcefully.He ran out of ideas as usual
,and when there`s something about Muna ,he comes out telling people that he is back
.He`s going to be back after every one week!We want BenteribobsFB to come up with many more sophistery like this,"I support Mukete that he is leader of a Graffi party ,so must not be the nation`s man of the year.It is sad but it is the truth that the SDf is now a graffi party-Bamenda people !!!
Hahahahaha!" When apparently young people like this sow seeds of discord,and stand for nothing ,but tribalism,regionalisation,where
do we place them in History? Benteribobs predicted that the SDF was going to be forcefully buried on August 13th ,but he immediately went into exile when this did not happen,only to resurface promising to come up with a contribution he did not write.Fru Ndi has kept the party together,
organised the convention,gone through grilling by Biya`s State counsels ,and is waxing strong.Muna should know that the day the state counsel will hear him,he will be deprived of freshair and the luxury of rubbing shoulders with law abiding citizens.
His place is in Kondengui!