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KOACINAUTE CONTRIBUTION:
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)
(translation from french)
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