After the new appointments to the Yaoundé military court, announced by presidential decree on Wednesday December 13, what future for the investigation into the death of Martinez Zogo? A new vice-president has been appointed, Lieutenant-Colonel Nzié. He combines his functions with those of investigating judge. Will he be in charge of judicial information instead of or in addition to Judge Sikati? Nothing is formally said at the moment
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For the moment, nothing has changed in the investigation into the death of host Martinez Zogo. The investigating judge, Judge Florent Aimé Sikati II Kamwo, although weakened by the episode of December 1 – the day of the order to end the provisional detention of two indictees, an order notified to the lawyers then disavowed – is still in position and he is still in charge of judicial information. All observers and stakeholders in the case are now waiting to see what the consequences will be of the assignment to the court of a new vice-president who combines the functions of investigating judge.
With his rank of lieutenant-colonel, in principle, the new vice-president Narcisse Pierrot Nzié has the competence to lead the judicial investigation into the death of Martinez Zogo. He is also high enough in the military hierarchy to judge the case if there is a trial. Because within military justice, the appointment of judges must respect the hierarchical principle. The judge in charge of a case must be of a higher rank than the defendants. If he is of the same rank, he must be of greater seniority.
However, in the context of the Martinez Zogo affair, one of the figures indicted, Justin Danwe, is himself a lieutenant-colonel. But taking this inventory does not yet indicate what option will be officially chosen for the continuation of the investigation.
Problematic situation
For Me Jacques Mbuny, lawyer for one of the soldiers indicted Justin Danwe, the different interpretations on the future of Judge Sikati add vagueness to a problematic situation since December 1st. “ Should the act of a magistrate issuing an order mean that he or she is removed from the case or changed? This poses a problem for me as a lawyer. This would mean that the independence of this investigating judge would be called into question. I don’t think that what is being done will necessarily bring back serenity. This serenity has already been shaken by the vagueness that existed when the ordinance came out, after which there were denials and counter-denials. Here was the problem. Do you think this can be corrected? In my opinion, I don’t think so. »
On this episode of December 1, no official clarification to date. Whether Judge Sikati is retained or removed, Me Mbuny hopes that the investigation will soon be closed to go to trial.
But for such a sensitive matter, why not consider an unusual configuration? The law does not prohibit an investigation at the military court level from being carried out by several investigating judges. The lawyer for Martinez Zogo’s beneficiaries, Maître Calvin Job, pleads for there to be two on the same file and sees in these appointments the hope of strengthening the ongoing investigation. “ We need at least a pair of judges in this case so that if people still had the inclination to want to bribe, or even direct the investigation in a certain way, it would be more difficult to do it with two people than with just one person. »
From the start, we requested that there be collegiality at the level of instruction. We felt that in such a case, an investigating judge alone was not able to manage the pressure. I even contacted the President of the Republic by mail last week to put this instruction in order. The appointment of a new investigating judge aims to strengthen the capacities of this court.
Me Calvin Job, lawyer for the beneficiaries of Martinez Zogo
It is up to the president of the Yaoundé military court to say whether Judge Sikati is formally relieved of the case or not. Or yes, he will now have to work with the new arrival: judge Pierrot Narcisse Nzié.
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