SUIT No. SWAC/PND/002/2017 in the NAME of the PEOPLE of CAMEROON

IN THE ADMINISTRATIVE COURT REPUBLIC OF CAMEROON OF THE SOUTH WEST REGION Peace- Work- Fatherland

SUIT No. SWAC/PND/002/2017 IN THE NAME OF THE PEOPLE OF CAMEROON

BETWEEN: -----In the year two thousand and eighteen; -----And on the 4th day of June; NJECK DIVINE TEBOH -----The Administrative Court of the South AND West Region; THE STATE OF CAMEROON (The -----Sitting in its usual open Court Session in Delegate for National Security) Buea;

-----In accordance with the law, delivered the following judgment after JUDGMENT NO. 013/2018 deliberations;

-----In the Suit filed PANEL BY Messrs: MBU Edward OSOH NJECK DIVINE TEBOH (PRESIDENT)

Christopher OFON Petitioner, (JUDGE) ----On the one hand LONJE Martin BENDE AND (JUDGE)

In the presence of: Mr. MOKTO KAMYO THE STATE OF CAMEROON (The Hippolyte (Legal Assistant) to the Delegate General for National Procureur General Security)

Assisted by: Mr. Billa Augustine,

(Registrar- in- Attendance) Respondent, ---- On the other hand

THE ADMINISTRATIVE COURT BUEA

-----Mindful of plaintiff’s petition filed in the Registry of this Court on the

25/01/2017 as Suit No SWAC/PND/002/2017;

-----Mindful of the documentary evidence in the casefile as well as the written

Submissions of the Procureur General;

-----Mindful of Law No.2006/022 of the 29/12/2006 on the organization and

functioning of Administrative Courts;

-----Mindful of Decree No. 2012/119 of the 15/03/2012 bearing on the creation

Administrative Courts in the Regions;

-----Mindful of Decree No.2017/274 of 07/06/2017 on the appointment of

Magistrates of the Bench of Administrative Courts;

-----Having regard to Ruling No. 009/RACF/PC/2017 assigning this casefile to

Justice MBU Edward OSOH as Rapporteur;

-----Upon the reading of the report after due examination of casefile by the

Reporting Judge at the hearing in the presence of the parties and counsel;

-----The Legal Department having submitted on all the legal issues raised after

the oral observations of the parties;

ON THE FACTS OF THE CASE

The Petitioner is Cameroonian born on the 10/01/1979 and recruited into the corps of national security as “Elève-Gardien de la Paix” on the 15/10/2002. During the year 2011 he worked at the special police station Buea and that is where he met one Mr. Agbor Culbert Sakwe who contacts him about modalities he could follow to travel abroad.

The petitioner orientates him towards a certain Roland popularly known under the appellation of “Grand Bob” who works with the travel agency called UNIVERSAL LINKS situated directly opposite the Molyko Stadium in Buea.

After he linked Mr. Agbor Culbert to Mr. Roland he did not hear from any of them again, he was only informed later by Mr. Agbor Culbert that he was at the point of obtaining a traveling visa through Mr. Roland.

In 2012, he was made Inspector of Police 1st grade and took service at the Police Public Security in Tombel where he exercised his functions as inspector of Police 1st Grade.

On the 15th July 2012 on his way from Buea to Tombel around 5pm, he was called by Agbor Cubert who told him to pass through Kumba so that he could meet one of his brothers who is a military officer working in Douala. Without suspecting any malice he stopped in Meta Quarters in Kumba where Mr. Agbor Culbert was waiting at the road side with one of his brothers dressed in military fatigue. After presentation both men insisted that he accompanies them home so that they discuss some issues better.

After entering their house, Petitioner realized that he had fallen into a trap as he was assaulted by people claiming to be the brothers of Mr. Agbor Culbert. His National Identity Card and all money he had on him was violently seized by his assailants and h was forced to sign a document drawn up by the military officer in which he recognized that he was indebted to Mr. Agbor Culbert if not he will be killed. He was beaten seriously and brutally thrown out of his aggressors’ house. After this Petitioner said he jumped on the first bike he saw which drove him directly to the police station in Tombel where he gave his statement.

The commissioner there assured him that when Agbor Culbert and brothers will present themselves to collect the money, they will then be arrested. 3

To his greatest surprise he was summoned by the Regional Unit of the Special Division of Police Services South West in Buea on the 18/12.2012 and the summons was signed by commissioner of police EFFA.

The said convocation was communicated to him by a 1st grade Inspector of police Tabe John who asked him to be present at the Division on Saturday the 22/12/2012 but the said date the office was closed, eventhough curiously Agbor Culbert and his usual military brother after communicating with someone on the phone in their dialect informed him that the appointment had been postponed.

On the 18/01/2013 inspector of police of 1st grade Tabe John in the same manner as on the 18/12/2012 invited the Petitioner again under the order of commissioner of police EFFA.

The audition that followed passed under an atmosphere of tension and threats of revocation and suspension of salary and the goal of this audition was to bring him to pay a debt that he acknowledged signing under the threats of being lynched in Kumba.

On the 13/10/2013, he received a query letter no. 0599 of 03/10/2013 signed by senior superintendent of police NTO Denis in which it was stated that the petitioner obtained fraudulent documents from STEELCAM Enterprise in Tiko.

To his greatest surprise the petitioner was notified that he had a case at High Court in Meme in Kumba instigated by Agbor Culbert. That the court had transmitted the complaint to the Legal Department Tombel who forwarded same to the Public Security Police station Tombel through forwarding letter no. LD/AF/2012- 008/SC/Tombel of 7/08/2014 for investigation and feed-back.

It was under this state of affairs that the petitioner on the 31/07/2015 was notified by radio message no. 00001107/DGSN/SG/SPCD/S of 29/07/2015 inviting him to be

4 present at the secretariat of the permanent Disciplinary Council in Yaoundé on the 7/8/2015.

At the said secretariat Petitioner was informed by Police Officer Mare Ramatou epouse Louh that in 2011 when he served at the Emi-Immigration Police Office Buea, he has duped a citizen of his money on the pretext that he will facilitate his visa obtention, meanwhile he had never worked at the said office talk less of duping anyone.

The Petitioner further claimed that the audition (hearing) did not go well because Rapporteur O.P Mare Ramatou epouse Louh said she did not understand English meanwhile the petitioner is English speaking.

That while already back in Tombel sometime in October 2015, the petitioner was again invited by the O.P Mare Ramatou that he had to join her in Buea for a confrontation with Agbor Culbert Sakwe. The petitioner met her at the central police station in Buea as planned.

By 4pm Agbor Culbert has not still shown up at the central police station so the rapporteur decided that the should go to Kumba so she could see the scene where the petitioner was allegedly molested and obliged to sign the alleged acknowledgment of debt to Agbor Culbert.

The visit to Kumba did not materialized because oncemore, Agbor Culbert and family failed to turn-up. The rapporteur and her team which she came with then left got Yaoundé via Douala.

It was at this stage that on the 18/11/2015, the petitioner was invited to present himself at the Disciplinary Council which was to hold at the police college in Yaoundé on the 24/11/2015

The Petitioner alleges that Decree No. 2012/539 of 19 November 2012 on special statute of the National Police Corps was violated as Section 89(2) states “The Disciplinary Council has to in case there are concurrent proceedings wait to issue its opinion until the intervention o f a judicial decision has been made definite”

The petitioner avers that Section 122(4) of Decree No. 2000/87 of 12 October 2000 modifying and completing Decree No. 94/199 of 7 October 1994 on the General Statute of the public service was also violated for he was not given seven clear days from the date of deposit of his file with the President to prepare his defence after consulting the file if he desires.

The petitioner thus appeared before the Disciplinary Council on the 24/11/2015 without a formal written notification but only through a simple call made by the rapporteur and his protestations against such violations were never taken into account.

Following his appearance before the Disciplinary Council, the petitioner was subsequently revoked by Arrêté No. 0426/CAB/PR of 1st July 2016 for alleged “compromission portant atteinte a la consideration de la police”. In other words, that (he acted in a manner as to compromise the dignity of the police corps) and he was notified of this decision on the 23rd July 2016.

The Petitioner considers this dismissal unjustified and illegal, demand to be reintegrated into the corps of National Security by the nullification of the said arête and he equally claiming general damages to the tune 200.000.000 francs CFA as reparation for the prejudice suffered.

In their statement of defence filed in the registry of this court on the 13th July 20107, the Respondents averred amongst other things that the petitioner did not seize the competent administrative authority within the time limits prescribed by law for a pre-litigation complaint to be made to the administration, thereby rendering the 6 petition before the court inadmissible. They stated that while it is the Minister, Secretary General at the Presidency of the Republic who signed the contested arrêté no. 0426/CAB/PR of 1st June 2016 which led to the dismissal of petitioner, it was however the Delegate General of National Security who as the competent administrative authority to be seized with the pre-litigation complaint.

The Respondents equally averred that the Petitioner was properly informed to be present before the disciplinary council in Yaoundé through the legal means that was particular to the police corps, and in conformity with their regulations and he was notified well within time.

That Njeck Teboh Divine did not respect Article 89(3) of Decree No. 2012/539 of 19th November 2012 on the special statute of the National Security Corps, which obliges him to formally notify his hierarchical superiors and then Delegate General for National Security of any judicial proceedings against him.

The Respondents further averred that the simple fact of lodging a complaint against the Petitioner in the Legal Department of the High Court of Meme Kumba for abuse of confidence without resulting in prosecution (poursuites), the administrative disciplinary procedure against Petitioner could not be halted within the meaning of Section 89(2) of the Special Police Statute on concurrent proceedings.

ON THE ADMISSIBILITY OF THE COMPLAINT

… Considering that by virtue of Section 2(3)(a) and (b) of Law No. 2006/022 of 29/12/2006 on the organization and functioning of Administrative Courts, these courts shall have jurisdiction to examine petition for the quashing of ultra vires administrative acts and those made without lawful authority; as well as claims for damages for loss caused by administrative acts;

… Considering also that by virtue of Section 17(1) of Law No. 2006/022, petitions made to the Administrative Courts shall only be admissible following rejection of a complaint made to the authority that issued the challenged act or the authority empowered by Statutory instrument to represent the local collectivity or public establishment concerned ;

… Considering that both the Respondents and the Legal Department in their written submissions argued that the petition is inadmissible on the two grounds, namely. Firstly that the pre-litigation complaint was wrongfully addressed to the Minister, Secretary General at the Presidency of the Republic instead to the Delegate General for National Security as concerns the Respondents or to President of the Republic (the true author of the act) as concerns the Legal Department and secondly that service of the pre-litigation complaint at the Department of Presidential Security rather than at the General Secretariat of the Presidency of the Republic amounted to improper service;

… Considering that in Ruling No, 119/CA/CS of 31st December 1989 Effouda Camille and others, it was stated that a pre-litigation complaint involving personnel of national security (sûreté national) was properly addressed to the President of the Republic or the Secretary General at the Presidency of the Republic in case the later has benefited from delegation of powers contrary to where he benefits from delegation of signature like in the instant case, thereby making the President of the Republic legal author of the act as opposed to the material author;

… Considering also that it has been established in the casefile that the pre-litigation compliant made to the Minister, Secretary General at the Presidency of the Republic was received but at the Department of Presidential Security (DSP) on the 26th August, 2016 instead of the General Secretariat at the Presidency of the Republic to whom the protest was addressed; That by virtue of Decree No.

2011/412 of the 9/12/2011 re-organizing the Presidency of the Republic, the General Secretariat and the Department (Direction) of Presidential Security are two distinct services thereby rendering the service improper;

… Considering that the party who loses the matter pays costs;

UPON THESE GROUNDS

Delivering judgment in open Court after a full hearing in an administrative matter unanimously as a Court of last resort;

DECIDES

Article 1: Declare petition inadmissible because the pre-litigation complaint was

mis-directed;

Article 2: Costs of these proceedings fixed at 45.000 FRS shall be borne by the

Petitioner;

In witness whereof this judgment has been signed by the President, Judges and the Registrar in attendance.

The President The Judge The Judge

The Registrar in Attendance