Résumé
The People of Cameroon v Mbita Arthur Judgement No. 103/2019
The Military Tribunal of Bamenda, holden at Bamenda on Thursday 7th
November 2019
President ----- His Lordship Justice Ignatius Che Ajuyo
Assessors----Lt/Col. Mohamadou
----C/E Nguetna Fewou Serge
And
Prosecutor---- Enseigne De Vaisseau 1er Classe Magistrate Betika
Daniel Ntouoh
With
Marichal des Logis Shiyghan Charlotte--------- Registrar
Between:The People of Cameroon vs Mbita Arthur
Appearances: Barrister Lamago Francoise, Fru Joseph, Tina Sama and
Tifu for the Civil Claimant
I. Facts
Violet Ndikashu, aged 19 years was on her way to Old Town, Bamenda
when the accused stopped her at a mixed control point by the forces of
law and order at Veterinary Junction and sent her to a corridor. WhileAfrican Journal of Law and Political Science Vol. 2, No. 1
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there, he threatened her with his gun and forcefully had sexual
intercourse with her, despite her pleas to the effect that she was a
nursing mother with a nine-month-old baby at hand. He put her on a
table and after the act he was trying to give her some cash for
transportation but she refused. On arrest, the accused was found in
possession of cannabis sativa. In his defense, he admitted having sexual
intercourse with the victim with her consent. He admitted having been
in possession of cannabis sativa. At the end of his defense, the State
Prosecutor and Counsel for the civil claimant urged the Court, in their
submissions, to convict the accused on all counts of the indictment. The
Ministry of Defense made no submissions with regard to the civil
claim.
