A Bizare Case of Defamation:

L’be Court Slams Jail Term, Heavy Fine on Two Journalists

-The Star Publisher, Chief FuanyiNkemayang Paul, absolved of embezzlement allegations

-Journalists file separate appeals against the Court’s ruling

Journalists Franklin Bayen and Ndi Eugene Ndi, haveappealed the judgment of the Limbe Judge, handing

them a one year suspended sentence and a fine of 7 million cfa

The Judge of Limbe Court of First Instance has slammed a one year suspended sentence on journalists, Ndi Eugene Ndi, Publisher of NewsWatch newspaper, and Franklin SoneBayen, publisher of MediA People newspaper.

                The two were finally convicted Wednesday following an unending trial which lasted over three years.

                The journalists were dragged to court by Chief FuanyiNkemayang Paul, Publisher of The Star newspaper, who accused them of soiling his name and tarnishing his good public image, integrity and reputation.

                Chief Fuanyi claimed damages amounting to fcfa 30 million. But the learned trial judge, Justice Mrs. Nambangi Beatrice Ntuba, in her ruling, awarded 7 million, to be paid jointly and severally by the accused, Ndi Eugene, Franklin Bayen and MediaPeople newspaper.

                The case against Ndi Eugene as first accused and Franklin SoneBayen as second accused started in July 2014 and was first heard in chambers.

                Chief Fuanyi had dragged the two journalists before the Limbe state council over allegations of defamation and character assasination.

                He complained that both journalists had written and published articles accusing him and John MbahAkoruh, erstwhile president of Cameroon Anglophone Publishers Association, CANPA, of siphoning and pocketing money meant for the celebration of the 2014 edition of the world press freedom day.

                In December 2015, the case was discontinued on technical grounds. But in March 2016 Chief FuanyiNkemayang filed a new suit against his two junior colleagues. 

                In discontinuing the matter, the learned trial Magistrate, Ayuk Esther epseTanyiMbianyor, upheld an objection by Bayen’sdefence counsel, who evoked the non-respect of article 160 of the Criminal Procedure Code.

                The magistrate said though Chief FuanyiNkemayang had opted for a private prosecution, the submissions of the Legal Department were mandatory for the criminal charge to proceed. But this was not the case.

                Chief Fuanyi’s filing for a private prosecution, implied that hearings should take place in the magistrate’s chambers, not in open court.

                As at press time yesterday, Ndi Eugene’s legal counsel had already filed an appeal against the court verdict. Meanwhile, we learned later that Bayen’s lawyer was also finalizing procedures for an eventual appeal.

                Though it is understood that an appeal stays a court judgment, it must be borne in mind that the accused stand the risk of getting a more serious sentence should the superior court also declare them guilty as charged.