By Bakah Derick
November 4,
2015 would have made exactly one year since the immediate past Mayor of the
Tubah Council Sofa Meji Stanlaus and the Council engineer as he is commonly
called Check Gah Emmanuel were detained in the Bamenda central prison. In the
civil claim filed by the Tubah Council represented by the current Mayor Tanjong
Martin Musongong, the pair was charged for embezzlement of council funds to the
tune of CFA 50million. The claimed detailed that the money was embezzled from
building permit funds collected by the Sofa regime.
After about
a year of incarceration in the Bamenda central prison, the judgment fail like a
bombshell in a crowded court of first instance Mezam.
The Judgment
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.
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 at 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 eat some food since they gathered spontaneously
as early as soon as the news was made public.
cross section of the crowd |
The Home coming
The mass
that accompanied the pair 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 Barister 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 Fuh Standley, 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 wining and dining prayers were said thanking God
for protecting the lives of the two.
Reactions
Talking to
the HILLTOPVOICES 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. I 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 Peteers told hilltopvoices that “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. The opposing lawyers escaped the courts
today why? It’s a shame to many who stand on lies.”
It is worthy
to note that after this judgment, the complainant has the right to appeal
within ten days.