Legal Counsel Nkea A. Emmanuel, following the May 7, 2020 court ruling, says they believe that “the conduct of the trial judge has raised serious doubts on his impartiality in this matter.”

In a press statement, Barrister Nkea said: “Today, 07 May 2020, the High Court of Fako Division Buea, per Mr. Justice Mbonge Wilson Ebong Ngole (President) issued a Ruling in the above matter following an application for the following provisional reliefs:

“An Order for a copy of the Ruling of the Court in this matter to be served on the Applicant herein (the provisional order directing the respondents to produce Wazizi in Court);

“An Order permitting the Center for Human Rights of the American Bar Association to observe the proceedings in this matter;

“An Order of Accelerated Hearing in Suit No HCF/HB/004/19 between the parties herein.”

In substance, Nkea says the request for these provisional reliefs was dismissed on the grounds that, being a Criminal Suit, the presence of the Legal Department (Prosecutor’s Office) was mandatory, and that only the rules of criminal procedure are applicable.

The Legal Counsel notes as follows:

(1) That the Habeas Corpus procedure even though provided for under the Criminal Procedure Code of Cameroon is not a Criminal Case per se. It is a miscellaneous application for which the relevant Rules of Civil Procedure may be applicable in situations where the Criminal Procedure Code is silent.

(2) The Court could not therefore rightly conclude that the request for provisional reliefs is a Criminal Case, or that only the rules of criminal procedure are applicable.

(3) That even though the Legal Department was not officially served with a copy of the request for provisional reliefs, Deputy State Counsel Emmanuel Kilo was physically present in Court.

(4) Though Deputy State Counsel Emmanuel Kilo came a little late to Court, he effectively followed the proceedings and even sought to make an observation, and notwithstanding his statutory rights to do so, he was abruptly stopped and refused further audience by the trial Judge.

(5) The Court could not therefore rightly conclude that the Legal Department was not aware of the request for provisional reliefs.

(6) That, a copy of the provisional order requesting that Journalist Wazizi be produced in court has not been served on the applicant – the principal party in this proceedings.

(7) Whilst a copy of the provisional order requesting that Journalist Wazizi be produced in court has been served on the Legal Department, the Legal Department has refused, ignored or neglected to serve this order on the respondents.

(8) The refusal to serve the applicant/counsel with a copy of the order has prevented the applicant from serving the respondents with the orders of the court.

(9) We believe that, the whole attitude of the trial judge is in furtherance of a determined effort to frustrate the determination of this matter on the merits.

(10) We believe that, the conduct of the trial judge has raised serious doubts on his impartiality in this matter.

In view of the foregoing, Legal Counsel Nkea says they shall be filing the requisite process to request the trial judge to stand down from the case on grounds of bias.

Cameroon-Info.Net understands that Samuel Ajiekah Abuwe popularly known as “Samuel Wazizi”, journalist with Buea based Chillen Music and Television (CMTV) in Cameroon, was arrested on August 2, 2019 and was initially held at the Muea police station. He was accused of having links with separatist fighters, a charge he has strongly denied. He was later moved from his detention cell to an unknown place where he has been incarcerated incommunicado. His whereabouts is unknown to his lawyers including family members, friends and colleagues.

The Committee to Protect Journalists, CPJ, has since called for the unconditional release of journalist Samuel Wazizi.

“Authorities must stop trying to force journalists like Samuel Wazizi to toe the government line about the separatist conflict in Cameroon by harassing and intimidating them through illegal detentions and flagrant violations of the rule of law,” said Angela Quintal, CPJ Africa program coordinator.

“The fact that Wazizi is being detained by the military, which has no jurisdiction to investigate terrorism-related charges, also raises serious questions about due process and the journalist’s safety. He must be released immediately with no condition.”