Monday, January 27, 2020

Cameroon: A Commissioner was demoted for fleeing war in Noso

The former public security commissioner of the city of Tombel in the South-West region judges the facts leading to a decision noting his alleged absences from his work station at the time of the Anglophone crisis to be wrong. His hierarchy hammered that he took as a pretext a precarious health to abandon his men and his service. The court orders an investigation.

Police Commissioner Nguenda Martin Roger, former public security commissioner for the city of Tombel in the South-West region, did he commit unjustified absences as is apparent from a decision by Martin Mbarga NguelĂ©, delegate General at the National Security (Dgsn)? This is the fabric of the debate which opposes its user administration before the Administrative Court of YaoundĂ©. Martin Nguenda has a hard time seeing his decline. He reiterated it during the hearing of December 10, 2019 at the start of the judgment of the dispute. After 37 years of service, the 55-year-old man finds himself in addition to the workforce in a police unit in Bafoussam in the Western region following a finding of irregular absence from the post signed by the Dgsn. An act of August 29, 2018 which deprives him of salary since then after having cost him his post. 

In his version of the facts, he took office in Tombel on February 5, 2014 and ensured his mission without interruption in spite of the security challenges related to the English-speaking crisis which rages in this region of the country and the plots and other blows of certain authorities of this locality against his person. On May 22, 2018, the complainant said that he had suffered a heart attack in his office. He was transported to a hospital in Loum more than 5 kilometers from Tombel where he went regularly for treatment and returned to go about his business in an office which also served as his bedroom. He signed with his own hand, the register taking the place of handrails and seized the daily service bulletins (BQS) for the hierarchy. 


From his point of view, everything was going well until July 9, 2018 when the building housing his police unit was attacked. The policeman was declared killed by secessionist militias but fortunately, he was not in the premises during the crime. His superior ordered him to resume service immediately. He did so but ran into a series of measures to keep him out. Stress, threats, insecurity and health deemed precarious by his therapist, ultimately lead to the prescription of medical rest. The police discover later that he was the subject of a report of irregular absences from the post between May 22 and July 12, 2018. He maintains that at that time, as the official record, he was indeed present .

According to the complainant, who claims to be a victim of relentlessness, his misfortunes come from the authorities in Tombel and some of his colleagues. These people managed to put someone else in their post and threw their belongings in a store. He seized the Dgsn to inform him of the situation. The authority decided that he should return to his post, but again, messages were sent saying that he refuses to return to the post. The Dgsn's decision was finally reported. 

Premature appeal? 

Mr. Nguenda explains that his detractors dispute the fragility of his state of health but do not seek medical counter-expertise to confuse him. They limit themselves to multiplying attempts to blacken it with the hierarchy. For the Dgsn, the appeal of its agent is premature. The administration explains that its approach betrays its ignorance of the nature of the act which it requests the cancellation. According to her, it is a preparatory act, an administrative procedural act which cannot be appealed because it does not adversely affect. It is an act intended to serve as a support for a disciplinary procedure at the end of which a sanction subject to appeal could be pronounced. In addition, for Dgsn, 

To decide between the parties, The court opted for an investigation to verify whether the police officer was absent or not during the period covered by the order noting his irregular absence. This took place on January 17, 2020. For the record, the Head of State signed on November 4, 2019, a decree imposing a penalty of lowering of grade against Mr. Nguenda Martin Roger, for absences unjustified in service for acts committed from July 20 to August 12, 2018. According to this decree, the police officer is no longer eligible for any promotion during a period of five years. This is another matter.