Fireworks at Military Tribunal:

Sisikou Ayuk’s Trial turns into Ping-Pong Duel over Nationality

-Defense lawyers tell military judge nationality of Ambazonia leaders can only be determined by a Nigerian court

-Nigerian Lawyer recounts ordeal of Sisikou & Co. during their arrest and detention in Nigeria

-Matter adjourned to 7th February for evidence of claimed nationality to be produced

                              By Tanyi Kenneth Musa in Yaounde

New Bar President Tchakounte Patie led a battery of at least 100 lawyers to the military court to defend Sisikou and Co

The second hearing of the case pitting Sisikou Julius Ayuk and 9 of his senior collaborators opened at the Yaounde military tribunal Thursday with the defendants holding their grounds that they are not Cameroonian nationals and as such they are at a loss as to why they were arrested in Nigeria and flown to Cameroon be tried in a Cameroonian military court.

                Sisikou Ayuk, considered by Ambazonia separatists as the Interim President of the yet-to-be-recognized break-away Republic of Southern Cameroons (Ambazonia), and nine of his senior aides were arrested at the Nera Hotels in Abuja Nigeria on 5 January 2018 and airlifted to Yaounde Cameroon to stand trial.

                First brought before the Yaounde Military Court in December 2018 to answer to various charges including apology to secession, secession, terrorism, financing terrorism, insurrection, rebellion against fatherland, non-possession of national identity cards amongst other terrorism-related charges, the separatist leaders denied their Cameroonian nationality, rather claiming that they were nationals of a foreign country - the Federal Republic of Southern Cameroons (Ambazonia).

                During the second hearing on Thursday 10 January, the leaders maintained their foreign nationality claim. This was the substance of the hearing that held the curious audience in court spell-bound for over 10 hours.

                Interrestingly, the court session on Thursday was somewhat of a fashion parade for the over 100 lawyers who marked their presence to defend the Ambazonia leaders. The defense lawyers were led by Douala-based senior advocate, Barrister Fru John Nsoh and comprised among others the current Bar Council President, Tchakounte Patie, three former Bar Presidents – Ben Muna, Akere Muna and Eta Bisong Jr, and at least 12 Bar Council members.

                The presence on the defense bench of prominent Human Rights Advocate of world renown, Barrister Nkongho Felix Agbor Balla, who had also served eight months in jail in connection to the Anglophone crisis, was conspicuous and telling. 

               

A to Z of events at the Military Court on Thursday

                Initially scheduled for 10am, the hearing was later pushed to 13.00pm to permit the court to first finish with other hearings that were slated for the same date and venue.

                It was exactly 14.40 pm when a white Toyota Hiace bus from the « Prison Principale Kondengui » drove into the court premises with the detainees on board.

                Sissiku Julius Ayuk Tabe was the first to alight from the bus. Dressed like a North West Fon, he waved the crowds before making straight into the court room.

                « Le voilà avec l’habit des Bamendas, » a voice by my side tells another curious onlooker in an attempt to describe the Ambazonia leader. 

                Many who had come to see the Ambazonia leader for the first time including his three nieces (all the way from Mamfe) could not hold their tears as he made his way into the hall.

                Next to step out of the van was Nfor Ngala Nfor, dressed in typical Wimbum regalia with a black feather-less cap as if to say he had been stripped off his title.

                Barrister Shufai Blaise Sevidzem Berinyuy also wore a similar cap but put on a simple blue Afritude shirt. Next in line were Cornelius Njikimbi Kwanga and Fidelis Che who were identically dressed in plain grey Afritude.

                Dr. Egbe Ogork and Barrister Eyambe Elias followed with their elegant blue suits. Che Augustine Awasum’s lamido-styled dressing made him almost the star of the procession though you could barely see his face.

                In his normal simple style, Wilfred Tassang Fombang came in a plain blue shirt and a khaki trouser with his white sneaker as he looked cool and reserved as always.

Re-Composition of the Court

                At 14.51pm the President of the military tribunal makes her way into the courtroom and after the names of the detainees are read out in court, she immediately suspends hearing for « re-composition of the court ».

                Thirty minutes later, a new magistrate appears in court. Colonel Abega Mbezoa epse Eko Eko   handed over the matter to Colonel Mem Michel who will henceforth be in charge.

                After calling on all in the court to be respectful so as to ensure a fair trial, the new presiding magistrate hands the floor to the defense counsel to enroll more law firms that were joining in. 

Poor Translation/Interpretation tears court apart

                The defense counsels through Barristers Akere Muna and Fru John Nsoh insists the court must take appropriate measures to ensure the detainees understand whatever is said in court in the French language. They raised the point to express their dissatisfaction with the quality of interpretation from the interpreter in court. However, the judge waved their argument away and tasked the lawyers to explain to their clients when need be. However, the judge was soon served with his own medicine when he was forced to seek the services of the interpreter after the defense team decided to speak only in English. The interpreter is forced to interpret in French making proceedings even slower.

Cameroon is at War

                With the composition of the defense counsel done, it was the turn of the civil party but Barrister Fru John Nsoh immeediately raised an objection in court. He says there cannot be a civil party in such a case given that Cameroon is at war. Barrister Nsoh backs his claim with Section 27(i) of the Military Justice Code which states that in times of war, application for damages shall be inadmissible- thus no need for a civil party.

                But the judge was not moved by the submission as he claimed Cameroon is not at war and such provision cannot be applied.  Unless the defense can produce an act of war duely signed, then their claim is not valid, the judge said.

                But the defense hit back saying Cameroon has been at war as far back as the Paris summit where the Head of State declared war against Boko Haram as well as in November 2017 against separatists. The defense counsel said the number of persons dying in the North West and South West regions or fleeing these areas is enough proof Cameroon is at war. The creation of a disarmament, demobilization and reintegration committee is equally enough proof Cameroon is at war since you can only disarm a party in a war, the lawyers argued. The judge however waved the submission away.

Bar Council disowns member 

                The constitution of the Civil party continued to remain a bone of contention as lawyers opposed the presence Barrister Mangoua Duclaire (who has been thee State’s lawyer in all matters involving the Anglophone crisis until now) saying he has been banned from the bar.

                The Bar President Takoungang Patie made it clear to the court that he had given autorisation to only three lawyers (Lilian Manka’a, Kenmoe Joseph and Achet Martin Luther) who had written to him requesting autorisation to file in as civil party in the case. Mangoua Duclaire had no option but to leave the hall.

Bar. Takoungang Patie also stressed that the Bar had put at the disposal of two of its members (Eyambe Elias Ebae and Shufai Blaise Sevidzem Berinyuy) four lawyers to defend them in the matter. The lawyers- Maitre Emmanuel Simh, Maitre Claude Assira, Barrister Sufuh Benjamin and Barrister Lifanje- are however free to join the group of lawyers in defending the other accused. On that note, the Bar President bowed out.

Lawyers want Ambazonia leaders returned to Nigeria

                It was bis repetita for the Ambazonia leaders who once more rejectted the Cameroonian nationality and stressed they were citizens of former British Southern Cameroons now referred to as Ambazonia. Even when some of them said they were refugees, they insisted they were Ambazonia refugess residing in Nigeria.

                After proper identification of the accused, the judge could however not proceed as the defense presented three preliminary objections. Barrister Patrick Yong said the military tribunal is not competent to try the accused given that questions have been raised over their nationality.

                “Given that their nationality is a subject of debate, only a civil court can establish it according to section 41(1) of the 1968 nationality code.  The residences of the accused have been mentioned by the judge and going by Section 41(2) of the 1968 nationality code, any such action shall be brought before the court of the domicile or failing that the residence of the person whose nationality is disputed, according to the rules of procedure in force, and the raising of Cameroon of foreign nationality as a defence before any other court suspends further proceedings until decided in the ordinary civil court.”

                Barr. Yong thus urged the court to order for the detainees to be flown back to Nigeria where their nationalities can be determined.

                However, the Prosecutor Colonel Engono Thadée Consatant raised an objection saying most of the accused have worked for the Cameroon Public Service for years and cannot today deny their Cameroonian nationality. He cited various means where loss of nationality can be applied but said the Ambazonia leaders do not fall under that category. Quoting Section 31(a) of the 1968 nationality code (Any Cameroon adult national who willfully acquires or keeps a foreign nationality), he said the Ambazonia leaders still maintain their Cameroonian nationality. He defended the decision to extradite the Ambazonia leaders to Cameroon claiming they pose a heavy security threat to Nigeria thus they can also not be returned.

Nigerian Lawyer narrates ordeal of Ambazonia leaders

                At about 19.28pm, after submissions from the various parties still on the nationality of the Ambazonia leaders, the case is suspended only to resume 30 minutes later when the floor is given to Nigerian human rights lawyer Abdul Oroh who narrated the ordeal of the Ambazonia leaders while they were arrested and detained in Nigeria. He said all he wanted was justice and for their rights to be respected. He prayed the court to order for the accused to be sent back to Nigeria where they were arrested given that no extradition treaty exists between Cameroon and Nigeria.

Barrister Eyambe disappointed at Prosecution

                The prosecutor at it again said it was not necessary sending the accused back to Nigeria given the fact he could prove with tangible documents that they are Cameroonians. This submission did not sit down well with one of the accused, Barrister Eyambe Elias, who expressed his disappointment and accused the Prosecutor for keeping them incommunicado for close to one year yet want them to produce documents that show they are refugees. He urged the court to give them enough time and they will produce their identification documents.

Case adjourned

                At this juncture, the judge adjourned the case to January 23 for the defense counsel to produce documents that show the accused are refugees and for the Prosecution to also produce proof of the Cameroonian nationality of the Ambazonian leaders. But Barrister Eta Bessong objects requesting at least a 45-day period to put them at an equilibrium with the prosecution. The court bows to the request and finally adjourns the case to the 7 February 2019.