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Sunday, July 29, 2012

Forjindam’s Appeal And Verdict: Chasing Another Crime Not CNIC


Zaccheus Mungwe Forjindam, former Director General of the Cameroon Shipyard and the industrial Engineering, Chantier Naval has within two days received two devastating court judgments that has sent quivers through the spines of his family members, sympathizers and especially his lawyers that have all along burnt the midnight oil to proof his innocence of the financial impropriety accusations proffered on him. The Wouri Appeal Court slammed him a 15 year jail term on July 18, 2012 while the Wouri High Court meted a life prison term on him on July 20, 2012. Thus within two days, his fate has been sealed by the Douala Courts passing from an original sentence of 12 years on drummed-up charges that was on appeal to 15 years and later life jail. This unexpected twist that has come on the heels of popular expectation that Forjindam was to be freed is not strange to any keen observer of trials of those who have been rightly or wrongly tagged as members of the G11. Each member of the infamous cooked up G11 phenomenon that has been to court has seen a series of accusations brought against him.
Interestingly, all the cases on appeal of those considered to belong to the infamous G11, an appellation purportedly created to settle political scores, have all seen their prison terms increased on appeal. However, during all the appeals, most of the accusations are dropped, yet the prison terms have always been increased, giving away the idea that justice is out to chase the culprits for unexplained and hidden reasons and not to render equitable justice. In most of the cases, those accused are sentenced in piece meal with further accusations coming up each day to ensure that the accused remain in prison. A general overview of the cases of those accused of embezzlement, judged and sentenced and have appeal their cases, reveals that the prison terms have always increased, despite the fact that during the appeals, the judges drop some of the accusations raising hope in the minds of the incarcerated and their supporters only to nail these people at the end.

Titus Edzoa
Although Titus Edzoa was long arrested before the advent of the G11 phenomenon, his trial has followed the same pattern as that of the purported members of the G11. This is apparently so because Titus Edzoa himself resigned in 1997 because he wanted to challenge the Head of State, Paul Biya. He was arrested on drummed-up charges of embezzlement and incarcerated. After a court case that suffered numerous adjournments, he was given 15 years imprisonment. Titus Edzoa still nursed hopes of coming out and continuing with his political dream. He was shot in mid flight as two years to the end of his imprisonment; fresh accusations were proffered on him. He is in court and the investigating magistrate has asked for the matter to start afresh. Chances are that the new accusations will seal his fate as that proffered on Forjindam that gave him a life jail term.

Alphonse Siyam Siwé
On December 13, 2006, 13 people were condemned by the Bonanjo High Court for embezzlement of public funds at the Douala Ports Authority. Alphonse Siyam Siwé, former General Manager of that institution who was then serving as Minister of Mines and Water was sentenced to 30 years of imprisonment for what was referred to by the collegiate of judges that tried the case as gross embezzlement. Alphonse Siyam Siwé’s lawyers cried foul and immediately went on appeal. The Wouri Appeal Court on June 10, 2009 instead transformed the original 30 years imprisonment of Alphonse Siyam Siwé into life jail. Thus the appeal set a precedence and any appeal of the judgments of the members of the purported G11 have been following the same direction.

Edouard Etondé Ekoto
He was in the Cameroon Defense forces and went on voluntary retirement at a very tender age. His retirement was unexpected and the regime decided to put an eye on him. To make sure that he was kept at bay, he was appointed Government Delegate to the Douala City Council. As Board chairman of the Douala Ports Authority, Edouard Etondé Ekoto was on December 13, 2006 sentenced to 10 years imprisonment alongside 13 other co-accusers who received varied jail terms. His lawyers went on appeal and on June 10, 2009 his prison term of 10 years was increased to 15 years. But before his appeal went through, Edoaurd Etondé Ekoto was again dragged to court for other charges in January 2008. He was dragged to court alongside some of his former collaborators for embezzlement of funds at the Douala City Council. After several adjournments that infuriated Edouard Etondé Ekoto, it was decided that he had 15 other charges dangling over his head. Despite the abandonment of the accusations by some of those that initiated it, the State Prosecutor decided to hold all the abandoned charges on Etondé Ekoto. From the look of things, it appears only a life jail term is awaiting him as a means to completely keep him in prison.

Zaccheus Forjindam
Despite the numerous favourable twists that characterized the Forjindam’s appeal, giving hope that he was to be liberated, the unexpected still happened at the Wouri Appeal Court on July 18, 2012. Forjindam was slammed a 15 year jail term. Prior to the bomb shell unleashed by the Wouri Appeal Court, popular expectation was that Zaccheus Mungwe Forjindam who was sentenced by the Wouri High Court for 12 years was going to be acquitted by the Appeal Court. This general mode and expectation emanated from the way his lawyers handled the case during the appeal producing documents that absolve him from the accusations of embezzlement that were meted on him. But this was not going to happen as Forjindam was instead slammed 15 years, thus adding three years to his previous conviction of 12 years. During the appeal trial, the State Prosecutor had asked for a life sentence for Forjindam.  The State prosecutor’s wish was exorcised by the Wouri High Court. After sentencing him for 15 years, Forjindam was expected to turn up in court the next day to answer other charges of embezzlement brought against him by officials of Chantier Naval. Forjindam who was completely devastated by the 15 years handed to him by the Wouri Appeal Court refused to turn up for the court session that was scheduled for July 19, 2012. On July 20, 2012 the court handed him a life jail term in the case that accused him of the embezzlement FCFA 206 million.
Interestingly, before he was handed 15 years imprisonment and later a life jail term, some of the major accusations of embezzlement that were levied on Forjindam and on which base the Wouri High Court sentenced him to 12 years were dropped and instead of this giving a leeway for Forjindam’s acquittal or a drop in his jail term, the Wouri Appeal Court increased the number of years he has to be incarcerated. Many judicial analysts have interpreted the judgment of the Wouri Court as a paradox of paradoxes, especially as some co-accusers were acquitted while Forjindam was further nailed to the cross.

Without going through the details of the appeal and the verdict, which acquitted Forjindam of many of the previous accusations and refunded most of his seized movable and immovable properties, just for the Wouri High Court to slammed on him a life jail term, it could be observed that Forjindam’s case like most of the cases have been to chase another crime, be it imaginary or real in a bid to victimize some particular people.

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