Balla, Fontem & Bibixy to appear before
Military Judge Wednesday
The three Anglophone activists will be
expected to plead guilty or not guilty of the charges brought against them by
the Commissioner of Government (Examining Magistrate) of the Military Tribunal.
They were charged with terrorism, inciting rebellion against the state, breach
of the constitution and inciting the population to civil unrest. Legal experts
say the gravity of the charges need not be over-emphasized
By Ojong Steven Ayukogem in Yaounde
Dr. FontemNeba, SG of the outlawed Consortium |
The president and Secretary General of the
now outlawed Consortium of Anglophone Civil Societies will on Wednesday 1st
February, be taken from their prison cells at Kondengui, to the Yaounde
Military tribunal.
Barrister Nkongho Felix Agbor-AnyiorBalla
and Dr. FontemAforteka’aNeba would be brought to court along with ManchoBibixy,
the leader of what is now popularly referred to as the coffin revelation.
Balla
and Fontem were arrested in the evening hours on Monday 19 January, around
Molyko, Buea, barely hours after the government pronounced a ban throughout the
national territory, of the activities of the Consortium of Anglophone Civil
Societies and the Southern Cameroons National Council, SCNC, and all other
related bodies and their activities. Following
their arrest, the two leaders (Balla is also the President of Fako Lawyers
Association, FAKLA, while Fontem is the SG of SYNES UB-Chapter) were
immediately whisked-off to Yaounde and put under pre-trial detention at the
gendarmerie headquarters (SED).
The
other activist, ManchoBibixy, was arrested on Wednesday 21 January, in his
girlfriend’s room in Bamenda. He too was immediately ferried to Yaounde to join
the others at the SED.
ManchoBibixy, leader of the coffin revolution |
Balla
and Co. were charged jointly and severally with terrorism, breach of the
constitution, rebellion against the state and its institutions, inciting the
populations to civil unrest among several other counts. All of the charges
attract at least a life jail sentence, or even a death penalty, by virtue of
the new law on terrorism.
By
virtue of law No 2014/028 of 23 December 2014 bearing on terrorism, “whoever,
acting alone as an accomplice or accessory, commits or threatens to commit an
act likely to cause death, endanger physical integrity, cause body injury or
material damage, destroy natural resource, the environment or cultural heritage
with intent to....intimidate the public, provoke a situation of
terror....disrupt the national functioning of public services....create widespread
insecurity in the country, shall be punished with a death penalty.
Given
the gravity and especially the terrorism conotation of the charges brought
against the Balla and Co., knowledgeable observers say their legal counsels
notably Senior Barrister Ben Muna and his junior brother AkereMuna (both of
them former presidents of the Cameroon Bar Council), will have an uphill task
convincing the military judge about the innocence of their clients. If anything
they may only evoke mitigating circumstances to woo the judge to downplay the
penalties to acceptable prison terms.
However,
when this reporter talked to Barrister Balla through one of his lawyers, he
wasted no time to pronounce his innocence. Balla said he and the two others are
just the scapegoats of a genuine cause that is been fought by the entire
Anglophone community in Cameroon.
When
reminded of the gravity of the charges brought against them and how they risk
being sentenced to life jail or very long jail terms, Balla retorted that
because he is not guilty of any wrongdoing, he is psychologically prepared for
whatever the authorities have in store for him. He said he has no fear because
whatever punishment and suffering that would be visited on him will only go a
long way to invigorate the people whose rights he is defending and dying for.
It
is however, not immediately known how the procedure at the military tribunal
would proceed on Wednesday. But knowledgeable commentators say it may just be a
short court session where the leaders would be reminded of their charges and
asked to plead either guilty or not guilty. There would be no debates on this
first hearing of what can now be rightly called a landmark and defining case in
the chequered history of a reunified, decentralized but one and indivisible
Cameroon.
Enter Ayah Paul
It
is also not immediately known whether the Advocate-General of the Supreme Court
who doubles as president of opposition Popular Action Party, Chief Justice Ayah
Paul Abine, would also be brought to court on the same day lkeBalla and Co.
Justice Ayah was arrested in his Yaounde residence on Saturday last week and
taken to the gendarmerie headquarters were he is presently detained.
The
reasons for Ayah’s arrest are yet unknown. But speculations are that he was
arrested in connection to his active and avowed role in the Anglophone struggle
and perhaps because of his active involvement in politics.
Though
it is understood that because of the nature of their job, magistrates are
supposed to be politically neutral, Ayah’s supporters say before his
appointment to the Supreme Court the authorities already knew of his active
participation in politics.
However,
it is expected that before long, Ayah would be told the charges brought against
him and be made to defend himself like Balla and the two others. But one point
must be made here and this is that being a super-scaled magistrate, Ayah can
only be tried by a college of judges equal to or superior to him on the
judiciary hierarchy. And we are told that magistrates of that category are not
ready to find in the country. Besides, it lives to be known whether or not
Ayah’s colleagues would accept to judge one of theirs for the crimes he
allegedly committed.
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