SCNC Detainees Granted Bail

By Elvis Tah

The 24 SCNC activists that were arrested and detained on Monday, October 6 were Friday, October 10, granted self-bail at the Tiko Magistrate Court.

Arrested SCNC activist with one of their Defence Counsel & a small llask containing food for the 24 of them while in Police Cell

The Presiding Magistrate, Mukete Tahle Itoe, granted bail based on Section 224 of the Cameroon Penal Code, CPC which makes provision for a conditional bail.The detainees were charged individually but their common charge was that "they took part in the arrangement of a meeting, in a place opened to the public, without having given such notice as required by law; consequently, they committed an offense contrary to Section 231 (1) of the Penal Code.

Some were also charged with non-possession of national identity cards by virtue of the fact that they were adult Cameroonians, which, according to the State Counsel, was an offense under Section 2 and 5 of Law No 90/42 of 19th December 1990.

Besides the common charge levied against all the detainees, James Sabum, (SCNC National Organiser), who hosted the gathering, was charged with breaking of seal, an offense under Section 191 of the Penal Code.

A bench of lawyers comprised of Barristers Stanislaus Ajong Anu, Clement Ndenecho, Henry Monono Ngalle, Charles Njualem, John Ndam Ndi, Davidson Fih, Martin Ndidie, Theodore Fossung, Blaise S. Berinyuy, Tamukong Valentine, Ade Wamucho and 14 advocates in training, as against the State Counsel, Martin Sakwe Elangwe, defended the accused.

The detainees all pleaded not guilty of the charges. They were first brought to court on Thursday, October 9, and were arraigned on grounds that they had not been charged as per the affidavit presented by the State Counsel.

The counsel for the accused were seeking an order admitting the applicants bail, pending any charges that could be preferred against them.The State Counsel presented a preliminary objection, challenging the application for bail. According to him, the High Court has the exclusive jurisdiction to hear applications for bail of persons charged with felony and so on.

To him, the application was misconceived. But the counsel for the accused argued that the State Counsel's application was dilatory because he was unable to state why the detainees were detained.

They harped on the point that the State Counsel should state the charges or the court should grant the detainees bail.In order to break the stalemate, the Presiding Magistrate, pointed out that bail is predicated on existing charge and, therefore, requested the State Counsel to prepare a charge against the detainees within 48 hours.

He ordered that the detainees be transferred to Buea Central Prison and that they should be given proper medical attention, food, family and legal access.The activists were, however, not taken to Buea as was specified because the State Counsel submitted the charges later in the day.

According to some legal practitioners, what complicated the case was the fact that it is stated in the affidavit that the state is retaining the group of people without defining their offense.

They argued that bail can only be granted without a charge on the basis of habeas corpus and according to them, the Court of First Instance has no jurisdiction for that.The legal minds held that there was a presumption of a charge and given that the counsel for the accused applied for bail, the State Counsel did not submit the charge.

The detainees were brought again before court on Friday, October 10, where they were charged.One of their counsel, Barrister Ajong, stated that they had been charged with misdemeanour offences and according to him, most of the accused were elderly statesmen and senior citizens most of them have never been sentenced even for a single offense.

Ajong supposed that they are law abiding citizens and not individuals that can jump bail.
Bail was granted and the matter adjourned to December 8. The activists after the court session, vowed to go back to Mutengene and hold another meeting.

Comments

[mk the southerner]

Let those who ague the Southern Cameroons case in this forum help their government. Why cant they be charged for trying to split what some called a country?

[UnitedstatesofAfrica]

Look at the women who have brought flasks of food...awww, women, African women. Wasn't it the great Ousmane Sembene who called African women the "unsung heroes of Africa"?

A quick shout out to all the mothers.

[Legima Doh]

Shame to the state counsel and shame to all the so called lawyers for la Republique who could not even come up with at least a good lie charge against the heroes.It is clear the state counsel had no charge to met on them and had to rigmarole with idiotic and stale accusations against the heroes without any valid charge.
God damn la republique.
God bless the Southern Cameroons.
Legima Doh,
ScNc,London

[rexon]

They are just looking for trump-up charges and they have not been able to find one. These Southern Cameroonian leaders are our heroes. I remember on 1st October here in London where Chief Ayamba reminded us that he is not struggling for any material benefit but for the future of the people of the Southern Cameroons. And that in all, he believe that his God will always protect him and he would never bow to the criminal regime of president Biya and allies. Shame on all these liars and traitors who do not want the people of the Southern Cameroons to live in peace.