mercredi 30 novembre 2011

The state of #Gabon vs Mike Jocktane


    Mike Jocktane

Following his statements in "The scandal of ill-gotten gains," Mike Jocktane is prosecuted.

The Judicial Officer of the Treasury, the legal representative of the State, assisted by his advice Nkea Ndzigue Francis, and George Haymard Mayinou Moutsinga Arama, went to court Monday the 28th of November against Mike Jocktane for insulting the authorities and impair the credit of the Republic and the prestige of their institutions.

In a book, "The scandal of ill-gotten gains" published last week, ''Mike Jocktane supports in an interview with the authors, that the president of Gabon has helped to fund the presidential campaign of 2007 of candidate Nicolas Sarkozy. Adding that all the transactions were filmed by hidden cameras.

Claims that, according to Mr. Francis Nkea: is "A violation of the prestige and credit of the Republic in all its institutions, because they are inevitably affecting the vital interests of the state and the nation. Under the provisions of sections 88, 157 and 158 of the Penal Code of Gabon, the guilty must be punished by imprisonment of one to ten years. "

For Me Nkea, President Omar Bongo has died in the exercise of his functions; his mandate is to be completed in 2012. Had he survived, He would still be performing his duty as President of Gabon.

"To take advantage of his death to bring false accusations on acts he had performed in the exercise of its dutites is to attack the Republic as a whole."

Mr. Jocktane has performed an act which Mr. Nkea, has desecrated the Republic. Therefore it makes sense that a "legal answer, not political" is brought to these allegations.

As the Gabonese government has been prejudiced "it seeks to open an investigation against Mike Joctktane."

This matter will therefore be subjected to the courts of Gabon, where the proof of his assertions will have to be demonstrated.

"Following the investigation, followed by an indictment, an arrest warrant must be issued against him and executed by Interpol because of the judiciaries’ laws between Gabon and France," advised Me Nkea, and continued with the provisions of Article 514 of the Code of Criminal Procedure of Gabon "Every citizen of Gabon, who happened to be outside of the territory of the Gabonese Republic, can be guilty of an act classified as a felony or misdemeanor by the law of Gabon, can be prosecuted in Gabon ... "History of quietting controversy over the jurisdiction of the courts of Gabon.

Before providing information that section 514 ultimately specifies that this procedure is possible only if the facts are stigmatized by the law of the country where they were committed.

Namely Articles 26 and 27 of the Act of 29 July 1881 on freedom of the press in France, punish prison sentences and fines of the same facts.

(translation from french)

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