Fotso vs Biya and the government CameroonPostline -- President Paul Biya, the state of Cameroon and some government officials, have emerged victorious in a case in which the imprisoned former Provisional Administrator of the defunct Cameroon Airlines, CAMAIR, Yves Michel Fotso, dragged them to a U.S court. Paul Biya triumphed when the District Court of Oregon declared itself incompetent to try a sitting president of a sovereign country like Cameroon. While highlighting the ruling in a press conference in Yaounde on September 2, Barrister Akere Muna who defended Biya and the State of Cameroon, said the court dismissed the case entirely. On August 6, 2012 , Michel Fotso, who is serving a 25-year jail term at the Kondengui prison ,dragged the State of Cameroon to court .The lawyer said Fotso filed the lawsuit against President Biya, the state and some government officials, including the Gendarmerie boss, Jean Baptist Bokam. The erstwhile CAMAIR Boss alleged in U.S lawsuit that his prosecution, conviction and pre-trial detention violated both international law and an agreement settling Cameroon’s claims against the US Company, GIA in connection with GIA’s U.S bankruptcy proceedings in the District of Oregon. It is worth noting that before he initiated the law suit, Fotso had been arrested, prosecuted and convicted in Cameroon for embezzling public funds. The Mfoundi High court in Yaounde found him guilty of misappropriating State funds. He was accused of lining his pockets with funds in connection with government’s bid to acquire a Presidential aircraft though GIA International limited in 2001. Fotso’s lawyers argued in their complaint that the U.S court had jurisdiction over their client’s claim against the State under the U.S Foreign Sovereign Immunities ACT (FSIA). They also contended that the Oregon District Court has the jurisdiction to prosecute President Biya, the State of Cameroon and some officials concerned, under the U.S. Alien Tort Statute (ATS). In a counter attack, U.S and Cameroon legal counsels defending the State, President Biya and others, secured the dismissal of Fotso’s claims through rulings in January, February, May and June. “At the request of the government of Cameroon, the U.S court in December 7, 2012, formally sought the views of the United States government with respect to Fotso`s claims against President Biya and the government officials. The U.S. government, in December 21, 2012, notified the U.S. court that as Head of state of the Republic, President Biya, could not be sued in the United States”. After accepting the position of the United States government, the U.S. court dismissed all claims against President Biya. The court hinged its ruling on detailed factual submissions by the Cameroon’s Minister of Justice, his Secretary General and Barrister Akere Muna. The U.S. court held that it lacked jurisdiction over the Cameroon Government officials because there are alleged to have been committed out of the United States. It was on the basis of this that the US court dismissed all claims against the Republic of Cameroon, the Head of State and the government officials.
Posted on: Tue, 17 Sep 2013 00:28:10 +0000
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