Legal Battle for Kumba City Mayorship :Nkelle Ngoh Victorious as Court Dismisses Case against His Election as City Mayor

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 3^rd 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 1^strespondent) 2) The SDO for Meme Division as 2^nd respondent and 3)Victor Nkelle Ngoh as 3^rd 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 1^st respondent.

”The petitioner and 3^rd respondent are not yet under [that ministry], how come the 1^st respondent is party to a suit for cancellation of elections?” the learned counsel Asongu questioned. 

He had stated that the petitioner and 3^rd 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 2^nd 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 3^rd March,2020,electing 3^rd 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 1^st Deputy Mayor and 2^nd 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)