Tubah Council Files Appeal Against Court Judgment Declaring Former Mayor Guiltless Of FCFA 50 Million Embezzlement Charge

 Freed Former Mayor of Tubah Sofa Meji Stanislaus

Though Sofa Stanislaus Meji former Mayor of Tubah Council and the Council engineer Check Gah Emmanuel regained their freedom from almost a year of detention at the Bamenda Central Prison waiting trial, they shall be re-appearing in the administrative court in Yaounde soon following an appeal filed by the Tubah Council for the same issue. This was after the courts failed to find accused guilty of a charge of haven embezzled about FCFA 50 million from the council. The claim as detailed by Tubah Council represented by sitting Mayor Tanjong  Martin states that the money was embezzled from building permit funds collected by the Sofa regime. But the courts established in its judgment that no such amount of money was illegally withdrawn from the municipal treasury by the accused therefore hold no bases for an embezzlement charge. After several adjournments in almost a year of incarceration in the Bamenda central prison, the judgment fail like a bombshell in a crowded court of first instance Mezam last October 28 2015. Mayor Tanjong Martin wonders aloud whether this judgment if taken seriously, is not a blank check for people to swindle public funds and scoot free since embezzlement can only be established when money is illegally withdrawn from the treasury.

 In a dead silent courtroom, Chief Justice Mbaki Vivian presented her statement detailing all respected stages involved in preliminary investigations (PI).

During the various cross examination sessions involving the complainant, here the council, she explained three key witnesses were examined. Starting with a lady who worked at the treasury (name withheld) Justice Mbaki told the court that this lady refused knowing any financial transactions relating to building permits. The next witness of the complainant was the president of the special audit commission created by the council. According to justice Mbaki, the findings lacked mathematical and professional coherence leading to the CFA 50million claim and consequently could not constitute evidence of embezzlement. The third still from the special audit commission and Mayor Tanjong himself according to the Judge agreed that part of the money had been collected and paid to the Council treasury with some still to be collected. Quizzed by the examining Magistrate on whether the remaining money will be collected and given to Sofa, the witness refused saying it will be paid to the council treasury. At this point Justice Mbaki explained that a case of embezzlement is established only when an individual in the plaintiff’s capacity collects money illegally from the treasury. Consequently the available findings did not suggest that Sofa Meji and Gah Emmanuel collected money from the council treasury. 

After this declaration at some few minutes to 1pm Tuesday October 27, 2015, Justice Mbaki Vivian declared that Sofa Meji Stanislaus and Gah Emmanuel have been found not guilty as charged and thus discharged and acquitted. This announcement was received with a spontaneous shout from the overcrowded courtroom. It was a huge task for the court registrar to restore calm for the closing ritual. Many are yet understand why a contempt of court was not slammed on the cheering crowd which was against the standing orders of court.

The released pair then returned to the central prison for the official released exercise which lasted for about five hours. As the release rituals went on, calls went like wild fire across the city of Bamenda and beyond with some local radios interrupting broadcast to carry the breaking news. Back home in Bambui which happened to be the village of the two accused, jubilations was in high gear. This lasted till about 7:30pm when the freed men finally touched down at Four-corner Bambui. From what we gathered many of those who gathered at Four-corner returned home from time to time to eat some food since they gathered spontaneously as early as soon as the news was made public.

The Home coming

The maddening crowd that accompanied the duo to the Bambui residence of the former mayor was uncontrollable practically stopping traffic for some time. 

While at home it only took the intelligence of Barister Ben Suh Fuh to calm the population. According to Barrister Ben, the Social Democratic Front SDF which was largely represented in the crowd with uniforms had no authorization to hold a rally and consequently Sofa and Gah will not be allowed to talk. They however finally stood on a car and waved to the crowd. Flanked by the Divisional coordination of the SDF in Mezam lead by Fuh Stanley, the forces of law and order and SDF vanguards, Mayor Sofa finally stepped into his home at 7:58pm. 

Full of praise to the almighty God for setting him free, the former Mayor then addressed the few in his house describing his release as based on the truth. Before turning to a moment of heavy wining and dining prayers were said thanking God for protecting the lives of the two, a gesture which could be rightly or wrongly interpreted as haven been prepared or better still deduced the outcome of the judgment that declared them not guilty and acquitted of all charges.

Reactions

In reaction Former Mayor Sofa said “the function of the mayor is not compatible to that of a treasurer so I had no access to the money I am accused of. Following clear facts justice has been done. From the kind of home coming I have received its clear my population had me in very high esteem. You saw how traffic was halted no one arranged that. Well it is very early to talk about my next political action. I need just my freedom and I got it.”  

Holding on to his wife, Check Emmanuel Gah said “I feel very fine. I felt good when the release was announced. I am very happy. Many judged me from my little house I constructed. In fact I was working for many structures including GP DERUDEP where I made 10% from every job I supervised. I did a lot of things to improve my income. Well as for my next move I am a trained engineer I will try to get a new job. I think I am a free person.”  The SDF district chairman for Tubah Tabah Peeters said “it is good to stand by the truth. They have been released because they stood by the truth. I am happy the truth has set them free. Less than forty eight hours as required by law following the standing orders of the administrative court, the complainant has reportedly filed an appeal against judgment to seek redress at a higher court. 

 Ignatius Nji with field reports