Cameroon: Marafa‘s Defense by American-trained Lawyer Frightens Biya regime

     -  He’s reportedly blocked from conferring with his defense counsel.

-  Only one family member now has access to him in detention.

-  Despite the odds, Marafa is Healthy and Strong

By Christopher Ambe

Marafa Hamidou Yaya, former Minister of Territorial Administration currently in pre-trial detention at SED in Yaounde has reportedly been blocked from conferring with his American-trained lawyer and Distinguished Professor of law,Ndiva Kofele kale, who is a Cameroonian.

American-trained lawyer  Kale

The alleged blockage is raising Human Rights concerns, and may draw more international attention to the plight of this former close collaborator of President Biya,now languishing in pre-trial detention.

Marafa Hamidou Yaya

The defense of Marafa by no other than a distinguished American –trained lawyer and law professor  has left the Cameroon Government  nervous and suspicious that, it could be a US secret plan to topple the almost 30-year old  Biya regime, reliable sources monitoring the Marafa case have told The Recorder in confidence.

Marafa is accused of embezzlement of funds meant for the purchase of a jet for President Paul Biya. He was first detained at the Kondengui Maximum Security Prison before his transfer to SED Yaounde.

In detention, the ex-minister has this far written open letters to President Biya and to Cameroonians, trying to justify his innocence about the charges leveled against him. More importantly, some of  his letters have exposed high-profile wrong doings by the Biya Regime, wihich revelations have sent tongues wagging and CPDM bigwigs on  firefighting missions in Cameroon’s  ten Regional Headquarters

Our dependable sources said Government decided last Monday that, henceforth only one relation of Marafa would have access to him in detention, unlike before when several others including his defense counsel could visit him. 

 “Government is trying to do everything possible to block him from conferring with his American-trained lawyer. They have stopped all visits by family members other than one individual who is allowed to bring food”, our source, resident in Yaounde, said.

The source said it is increasingly feared within government circles that, Professor Kale the lead defense counsel may have been sent by the Obama Administration to “rubbish the Marafa case”.

Many legal minds are of the opinion that Barrister kale, sufficiently knowledgeable in economic crimes, would dismantle the case to prove Marafa’s innocence.

Marafa, before his arrest, was widely rumored to be the US Administration‘s favorite as possible successor of Biya.

Some political pundits claim Marafa’s arrest is a ploy by the Government to target Biya’s political threats and rivals. But The Presidency of Republic recently dismissed such claim as unfounded.

Below is a statement issued recently by Professor Kale when Marafa was transferred from a Prison to a cell at SED

    Transfer of Marafa Hamidou Yaya from Kondengui

“{Last} May 25th, in the early hours of the evening, Minister Marafa Hamidou YAYA, was unceremoniously removed from his cell in the Yaounde Central Prison—where he has been detained since April 16, 2012—and transferred to the SED (Secretariat d’Etat à la defense) lock-up in Yaounde.

It is clear that the Government of Cameroon is determined to make an example of Minister Marafa for his vocal outings in the press the past two weeks. However, in its desperate effort to muzzle this ‘detainee of conscience’ Government has made short shrift of Mr. Marafa’s fundamental rights under both our laws (Preamble, Const. of Cameroon) and international law. The continued and arbitrary detention of Minister Marafa without trial violates Articles 6, 7(1)(a) and 7(1)(d) of the African Charter on Human and Peoples’ Rights (ratified by Cameroon in 1989), and similarly Articles 9(1), 9(3) and 9(4) of the International Covenant on Civil and Political Rights (ratified in 1986). The Government of Cameroon cannot justify these infringements by arguments of legitimate limitation.  

For example, Section 218 (1) of the Code of Criminal Procedure recognizes remand in custody as an exceptional measure to be taken only in the following well-defined circumstances: (a) to preserve evidence (presumably for a forthcoming trial); (b) to maintain public order; (c) to protect life and property; or (d) to ensure the appearance of an accused before an Examining Magistrate.

The conditions that trigger a remand in custody within the meaning of Section 218 (1) of the Code of Criminal Procedure are cast in the disjunctive, none of which however, applies to Minister Marafa’s case. One will have to resort to the services of a marabout to figure out how Mr. Marafa’s incarceration in a gendarmerie lock-up “preserves evidence”, for his trial, we presume, or how his continued detention contributes to the maintenance of public order or the protection of life (whose life?) and property (whose?). Finally, Minister Marafa is no flight risk and does not need to be locked up in a prison in order to guarantee his appearance before an Examining Magistrate. The record before the public is unambiguously clear that it is the detainee himself who has insisted and persisted on having his day in court to clear his good name and remove any shroud of suspicion hovering over his heretofore unblemished reputation. Why then would he want to flee from his prosecutors? 

In the circumstances, therefore, we call for the immediate release of Mr. Marafa from his detention in line with the provisions for bail set out in the Code of Criminal Procedure. We also call on Government to honor the obligations that it voluntarily assumed under international law and promptly notify Minister Marafa of the nature of the charges against him; and provide him with an opportunity to be tried within a reasonable time.”

Professor Ndiva Kofele KALE, Esq.

Counsel for Minister Marafa