Mr.Victor Nkelle Ngoh; Pioneer City Mayor of Kumba |
By
Christopher Ambe
The Administrative Court
of the Southwest Region,Buea, presided at by Justice Mbu Edward Osoh (President
of the Court), on April 9, passed a judgment validating the election of Victor
Nkelle Ngoh,former Government Delegate to Kumba Council, as pioneer Kumba City Mayor-elect.
The verdict by Justice Mbu
Edward Osoh, Justice Christopher Ofon and Justice Lonje Martin Bende dismissed as
baseless allegations filed in against the election of the pioneer Kumba City
Mayor, one of which claimed he bribed his way to victory.
Nkelle Ngoh had been
elected as Kumba City Mayor on March 3, 2020 with 38 votes, against his challengers
Ntemoyock Gregory Mewanu, who was runner-up with 31 votes and Ekoko Muelle
Stephen who secured 6 votes.
Disappointed with the
election results,Mr.Mewanu,who was the candidate invested by the CPDM hierarchy
in Yaounde and least expected other nominations for the post of Kumba City Mayor,
initiated legal action against the State of Cameroon, the SDO for Meme and Victor
Nkelle Ngoh
Mr.Mewanu’s petition
alleged that the election of the City Mayor was marked by “gross irregularities,
corrupt practices and non-compliance with provisions of the Electoral Code and
the General Code of Decentralized and Local Authorities; that there was
“massive bribery and corruption by [Victor Nkelle Ngoh] as he camped electors
in a local hotel and gave them money to make them not to vote objectively and
cast votes in his favor”
The petitioner pleaded with the court to order
for “total cancellation of election of the kumba City Mayor and Deputies that
took place on Tuesday 3rd March 2020.”
In his petition, Mr.Mewanu
also pleaded with the court to order “a re-run of the said election as
statutorily provided” and for any other order(s) that the court would deem fit
and proper.”
Mr. Mewanu’s case was against 1) The State of Cameroon
(repr.by the Ministry of Decentralization and Local Development as 1strespondent)
2) The SDO for Meme Division as 2nd respondent and 3)Victor Nkelle
Ngoh as 3rd respondent.
In their verdict, the
judges said, “On merits, the petition is not justified and thus dismissed.”
In his reply to the
petition, Barrister Asongu Njuzy Charles (retired judge), counsel for Victor
Nkelle Ngoh,had said the petition lacked “seriousness and credibility”
Barrister Asongu had
described the allegations of the petitioner as “concoctions, dreams,lies
,imaginations and wishes intended to throw dust into the eyes of the court
leading to a miscarriage of justice.”
He had justified that the
SDO did not conduct the election and proclaim the results as alleged by the
petitioner but merely performed his legal duties. The Defense counsel wondered
why the state of Cameroon represented by the Ministry of Decentralisation and
Local Development was party to the case as 1st respondent.
”The petitioner and 3rd
respondent are not yet under [that ministry], how come the 1st
respondent is party to a suit for cancellation of elections?” the learned
counsel Asongu questioned.
He had stated that the
petitioner and 3rd respondent ought to have sorted out their party
arrangement in their party circle before election.
“We strongly submit that the disposition of
the fact that the petitioner was the choice of the CPDM is rebuttable. If that
was the case there would have been no problem at the election…Voting was
carried out and Victor Nkelle Ngoh had 38 votes and Ntemoyock Gregory Mewanu
had 31 votes..
“The court is not here to
endorse or abide by the rules and regulations of a party”, he had told the
court.
Barrister Asongu ,in his defense
pointed out that, Mr.Mewanu portrayed bad faith by failing “to tell the court that
there were three contestants who stood for the election of the City Mayor”namely:Victor
Nkelle Ngoh,Ntemoyock Mewanu and Mr. Ekoko Muelle.
“Mr. Ekoko Muelle has
accepted the results by not petitioning thereby confirming that the elections
were free, fair and transparent. He had six votes,” argued Barrister Asongu.
Dismissing claims by Mr.
Mewanu that Nkelle Ngoh had camped councilors and corrupted them, the defense counsel
quipped that“the voters were camped for security reasons to secure their
presence during election and not for bribery and corruption.”
Barrister Asongu told the court that Mr.Mewanu
also “camped his own supporters at a certain hotel Macloyd in Kumba”
He quipped,” The courts
must have taken judicial notice of the mere fact of being candidates for elections subjected the
candidates to death or burning of their houses and this exercise of camping
voters is practice during elections at this war period purely for security and
not for money changing hands.”
In their judgment the
judges said “nowhere in the minutes of the maiden session of the kumba City Council
session is there any evidence of the fact that the 2nd respondent
usurped the role of the bureau of the session consisting of the Eldest and Youngest
Councilors, namely Messrs Eseme Akwo Moses and Nkemngang Anoh Ndifor who signed
the minutes as chairman and Secretary of the Session, respectively.”
On the alleged violation
of internal rules and regulations of the CPDM party on investiture advanced by
Mr.Mewanu…concerning the election of Kumba City Mayor and Deputies,the judgment
stated that”it is common knowledge that the rules of an association bind only
its members and would not prevail over national laws.”
The judges in their wisdom,
then upheld”the deliberations of the Maiden Session of the Kumba City Council
Session of Tuesday 3rd March,2020,electing 3rd respondent
Mr. Ngoh Nkelle Victor as Mayor of kumba City Council,as well as Mrs. Balike
Esuka Epse Ebanja Victorine and Mr.Sako Umana Mcmiland as 1st Deputy
Mayor and 2nd Deputy Mayor respectively.”
It is unclear whether Mr.
Mewanu will appeal the verdict.
(This news report is also published in The Horizon Newspaper of 23rd April, 2020)