Administrative Court Denounces Minister For Witch-Hunting

Cameroon – Buea: The Administrative Court of the South West Region has denounced the Minister of Supreme State Control (MINDCONSUPE) for witch hunting.

The denunciation is contained in the ruling of a suit filed for the nullification of a ministerial decision to seize the pension and retirement allowances of Dr. Godfrey Yenwo Molo. He was further obliged by the MINDCONSUPE to pay SONARA (national refining company of Cameroon) FCFA 324,600,321 as his share of losses incurred by the company and FCFA 2,000,000 as special fine.

MINDCONSUPE had earlier questioned Yenwo Molo alongside Charles METOUCK for the mismanagement of funds destined for the extension and modernization of equipment at SONARA in a project dubbed SONARA 2020 VISION. Charles Metouck had since been imprisoned for the embezzlement and mismanagement of colossal funds at SONARA.

Dr. Godfrey Yenwo Molo (PhD engineering) who was due retirement at end of June 2014 had served SONARA as an engineer from 18 June 1980. He was technical adviser at the central management of SONARA and was manager of the project SONARA 2020 VISION. He has been described as hardworking and diligent earning many service awards.

As project manager of SONARA expansion and modernization, Yenwo Molo handled only the technical aspects while the daily management of project and disbursement of funds reverted to Charles Metouck.

ADAMA ENAMA Romuald Rolland, representative of the State (MINDCONSUPE) in the embezzlement case, headed a kangaroo court with sole goal to implicate Yenwo Molo alongside Charles Metouck for administrative errors at SONARA. Yenwo Molo was accused of also committing some of the management errors for which Charles Metouck had been imprisoned.

Dame Kane Fortune Pauline, a sympathizer of Charles Metouck planted in the MINDCONSUPE kangaroo court had accused Yenwo Molo of smiling and overconfidence during the investigations. She threatened to, “…wipe out the confidence with her decision.”

Barristers Phillip Forsang Ndikum of Ndikum Law Offices Douala and Kinyang George of Kinyang and Co Douala prayed the Administrative Court of South West to, “… cancel decision No.00005/D/PR/CONSUPE/SP-CDBF/SGSAS which execution is liable to cause irreparable harm to himself, Dr. Godfrey Yenwo Molo in that he is due retirement by the end of June 2014 from SONARA who has already put in place a stratagem to seize his pension and retirement allowances during the execution of the decision and Arrete.”

Facts presented in Court
On or about 2008 C. METOUCK, Managing Director of SONARA exercised his powers pursuant to law governing commercial companies under OHADA, the Articles of Association of SONARA and law No. 99 - 16 of 22 December 1999 on General Rules and Regulations governing Public establishments and Enterprises of the public and Semi- Public Sectors awarded contract Marche No. 004/M/SONARA/CPM/08 to a French company, Foster Wheeler France and paid the company FCFA 7,009,551,582 to undertake feasibility studies on the contract to refurbish and supply modern equipment and machinery to SONARA worth FCFA 420,000,000,000.

The former Managing Director C. Metouk of SONARA had awarded the contract to refurbish and supply modern equipment and machinery to SONARA worth FCFA 420,000,000,000.

Sometime thereafter, the same Director general, Charles METOUCK of SONARA decided to divide the contract worth FCFA 420,000,000,000 into PHASE І and ІІ when according to him he found it impossible to raise such a huge amount as quickly as anticipated relying as it now seems on Article 16: bearing on the MODIFICATION of INITIAL CONTRACT of job No.004/M/SONARA/CPM/08 with Foster Wheeler France, the same company that received from his own very hand just previously the stupendous sum of FCFA 7,009,551,582 for the first feasibility studies.

In the same light, Director general Charles METOUCK of SONARA, as he then was, again exercised his powers pursuant to the law governing commercial companies under OHADA, the Articles of Association of SONARA and Law No. 99-16 of 22 December 1999 on General Rules Governing Public Establishments and Enterprises of the Public and Semi-Public sectors to award contract No CD1269 worth FCFA 649,200,642 to Foster Wheeler France following Article 16: MODIFICATION of INITIAL CONTRACT of job No. 004/M/SONARA/CPM/08 with Foster wheeler France.

However, on or about 25 November 2008, YENWO MOLO was summoned as Technical Adviser under the Managing Director Charles METOUCK and in his capacity as Project Manager of SONARA answerable to the Managing Director Charles Metouck including the treasurer, accountant and financial director to evaluate and endorse whether Foster Wheeler France had undertaken and completed job worth EURO 989,700 equivalent to FCFA 649,200,642.

The document carrying the invoice of EURO 989,700 equivalent to FCFA 649,200,642 was shepherded back to Managing Director C. Metouck as alleged according to SONARA flow chart for his discretion and payment to Foster Wheeler France as Managing Director of SONARA as all documents of ETUDE FEED of 25 November 2008 demonstrate.

On 05 December 2008, as it now appears, the former Director General Charles Metouck of SONARA using his discretion only, paid FCFA 649,200,642 to the French company, Foster Wheeler for actually dividing the FCFA 420,000,000,000 project into PHASE I and PHASE II.

On 24 March 2014 CERTIFICAT FIN FEED was signed between SONARA represented by the Director General Charles Metouck of SONARA and Foster Wheeler France represented by Roger SWINDELL, FEED Project Director witnessed by SONARA Project manager Yenwo Molo and Foster Wheeler Project Manager, Michel Hacquad.

SONARA has continued to benefit since their Director General Charles Metouck exercised that discretion to pay Foster Wheeler France to divide the project into Phase I and Phase II and even appointed YENWO MOLO since that time to supervise Phase I of the project.

Many Years into his supervision of Phase I of the project, YENWO MOLO and SONARA's Director General Charles Metouck were summoned on 12 May 2013 to explain themselves. MINDCONSUPE wanted to find out why SONARA's Director General Charles Metouck paid Foster Wheeler France FCFA 649,200,642 to the French company, Foster Wheeler France for actually dividing the project worth FCFA 420,000,000,000 into Phase I and Phase II.

On 12 March 2013 YENWO MOLO confirmed that he endorsed the document amongst many SONARA high ranking staff to confirm that work undertaken by Foster Wheeler France to divide the project worth FCFA 420,000,000,000 into Phase I and Phase II was evaluated by that team tasked for that by none other than SONARA's Director General Charles Metouck.

That team confirmed that work undertaken by Foster Wheeler France was compatible with the invoice of EURO 989,700 equivalent to FCFA 649,200,642.

On 12 March 2013 SONARA Director General Charles Metouck unequivocally told MINDCONSUPE and SONARA that he paid Foster Wheeler France FCFA 649,200,642 for the job of actually dividing the project worth FCFA 420,000,000,000 into Phase I and Phase II.

On 12 March 2013 during the disciplinary hearing, Dame Kane Fortune Pauline, a lady planted on the MINDCONSUPE panel (kangaroo court) hearing the matter accused Dr Godfrey Yenwo Molo for being too confident and over-smiling during interrogations and that she would wipe out the confidence with her decision.”

On 21 of April YENWO MOLO requested for the reformation of Decision No. 00005/D/PR/CONSUPE/SP-CDBF/SGSAS/BSAS and Arrete No. 00006/A/PR/CONSUPE/SG/SP-CDBF/SGSAS/BS, but the application was rejected by MINDCONSUPE in May 2014.

According to the judgment, Barristers Phillip Forsang Ndikum and Kinyang George submitted to the panel of judges presided by Justice A. Ngu Ngwa assisted by Judges MBU E. OSOH and TANKEU M. that the high handedness by MINDCONSUPE and Dame Kane Fortune Pauline representing MINDCONSUPE during the hearing is an “abuse of power".

YENWO MOLO's application to cancel the MINCONSUPE decision is based on abuse of power in that Yenwo Molo was held liable by MINCONSUPE for FAUTE DE GESTION (management error) but never gave reasons in fact and in law according to the relevant dispositions in Law No. 74/18 of 5 December 1974 concerning vote holders of State, local authorities and State undertakings as amended by Law No. 76/4 of 8 July 1976 which states specifically in its chapter 1 that only authorizing officers, vote holders and managers of credits in public and Para-public establishments and enterprises would be answerable for managerial errors.

On the merits: the two contested acts to wit, decision issued by the chairman of the budget and Finance Disciplinary Board should be quashed with all legal effects.

The administrative court ordered the cancellation of the MINDCONSUPE decision against YENWO MOLO because it was signed by the minister alone who has been unable to prove that the disciplinary board was properly constituted with at least two thirds of the 12 statutory members. The ministerial decision also ascribed powers to YENWO MOLO which he never at anytime enjoyed as employee at SONARA.

Barrister Phillip Forsang Ndikum and Kinyang George submitted and argued in court that the MINDCONSUPE decision to cause YENWO MOLO to pay for the crimes of Charles METOUCK smacked of abuse of power and at best was a matter of witch hunting to nail those who facilitated investigations which led to the imprisonment of Charles Metouck.

Fon Christopher Achobang
Social Commentator, Human rights activist
Land Rights Campaigner
Nyen Fon's Palace
Mbengwi County
The Cameroons
Tel, (237) 699 36 59 54
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