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Saturday, March 23, 2013

Cameroon:University Don Dragged to Court for Writing “False Report” against Judge

By Christopher Ambe 

University of Buea don, Dr.Mbufong Paul kuban has appeared before the Buea Magistrate’s Court to answer to a three-count charge of false report in a criminal matter pitting him against the people of Cameroon. 

When the lone matter first came up on February 28, Mr. Mbufong could not plead, because he identified an ambiguity in the first charge and his counsel  kizito Dikumba,was  not available , causing the presiding Magistrate Nabangi Beatrice to adjourn the matter to March 7  for  the charge to be modified and for his counsel to be present.

Dr. Mbufong has been indicted for making a “false report” to Cameroon’s Vice-Prime Minister of Justice and Keeper of the Seal against one Charles Namme Menyoli, a judge and currently President of Fako High Court,Buea

Arraigned on March 7, the accused Dr. Mbufong pleaded not guilty to all three charges.  His counsel, kizito Dikumba, raised a preliminary objection but Prosecutor Njojo John Njie countered it and the presiding magistrate overruled the preliminary objection, noting the matter was proper before the court.

But hearing could not go ahead because the first Prosecution Witness Justice Charles Namme Menyoli, was absent, as he was said to be on an official assignment. The matter was adjourned to April 18, for the First prosecution witness to be present and for hearing. 
According to count one on the charge sheet, Mbufong Paul Kuban made to a  person in authority a false report liable to lead to disciplinary measures against one Charles Namme Menyoli  by writing to the Vice-Prime Minister of Justice and keeper of the Seal and alleging there that Charles Namme Menyoli had sued him (Mr.Mbufong)with respect in  suit CFIB/03C/2010 on a matter which had been decided in Mr. Mbufong’s favor in four previous judgments and thereby committed an offence  contrary to and punishable under Section 304(1) of the Penal Code.

Count two says: “That you Mbufong Paul Kumbang made to person in authority a false liable to lead to disciplinary measures against one Charles Namme Menyoli ,that is by writing a complaint against him to the Vice-Prime Minister of Justice and keeper of the Seal and alleging there that he intends to play the role of judge and jury in matter concerning his father -in -law and thereby committed an offence contrary to and  punishable under Section 304(1) of the penal code”

Count three: “That you Mbufong Paul Kubang made to a person in authority a false report liable to lead to disciplinary measures against one Charles Namme Menyoli, that is by writing a complaint against him to the vice-Prime Minister of Justice and Keeper of the Seal and alleging there that Charles Namme Menyoli has evil plans against you, a helpless and instant citizen and thereby committed an offence contrary to and punishable under Section 304(1) of the penal code”

According to Section 304(1) of the Penal code, “Whoever makes to any person in authority, whether public or private, a false report liable to lead to prosecution or disciplinary measures shall be punished with imprisonment for from six months to five years and with fine of from ten thousand to one million francs, unless he shows that he had good reason to believe the report to be true”
 First Published in The Recorder Newspaper, Cameroon, of March 22, 2013

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