The Special Criminal Court (SCC) in Yaounde, yesterday April 2 took a vital decision in the case between the State of Cameroon and Marcus Ndumbe Mbessa, Charles Etah Njoh and the enterprise "Njoh and Sons Distribution." After concerting for some 12 minutes with the other judges, the head of the college of Judges, Mr Justice Abednego Bea Kala upheld the request by the Legal Department for the third accused; "Njoh and Sons Distribution" enterprise to be acquitted.
Representing the Legal Department, Advocate General Richard Wanki said "Njoh and Sons Distribution "enterprise is considered as a legal or juristic person and that the Criminal Procedure Code and Penal Code have not yet developed the concept of Criminal Corperate Liability which makes provision for offences committed by corperate bodies (legal or juristic Person), the procedure for bringing such persons to trial as well as how they should be sentenced. The advocate General said with a case of misappropriation of State funds which will require imprisonment, the judge concerned must address his mind on the possibilities of the accused executing the sentence that will be made. In the interest of the law, the court upheld the suggestions of the Legal Department.
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