By Elah Geoffrey Mbongale
The case pitting the consortium of parents with students in Presbyterian schools (plaintiffs) against the Moderator of the Presbyterian Church in Cameroon, PCC as first defendant and the Presbyterian church in Cameroon as second defendant, has witnessed a major twist as the plaintiffs have opted for the discontinuance of the case against the church. They however still intend to pursue the case against the leader of the Church; Rt Rev. Fonki Samuel.
In a letter addressed to the registrar of the Court of First Instance Buea, the plaintiffs represented by Dr. John Lyonga Efande, Ikome Williams Ligange and Allanto Ngala through their counsel indicated their intention to drop the case against the second defendant, PCC while still pursuing the case against the first defendant, Rev. Samuel Fonki, the moderator of the PCC.
The Rt Rev Fonki Samuel Forba was accused by the Consortium of parents, amongst other things, of being responsible for the non effective resumption of schools in the North West and South West region.
Rev Fonki faces a seven count charge including; that on February 9, 2017, in concertation with others, the moderator of the PCC, signed a joint communiqué to the effect that the non resumption of schools is as a result of an unsolved political problem, thereby condoning to the resistance organised by some individuals to this effect thus committing an offence contrary to and punishable under section 157(1) of the penal code; that the moderator has caused the non-payment of the salaries of teachers in his mission schools for some months and in consequence, depriving the state of the necessary tax deductions punishable under section 183(2) of the penal code; that after collecting money from parents as school fees refused to teach, feed and accommodate students in PCC schools as agreed thereby committing an offense punishable under section 318(1) of the penal code; that after collecting school fees, he refused to teach the students thereby interfering with their right to education, punishable under section 74, 97 and 355(2) of the penal code; that after collecting money as school fees and refusing to teach the students, the moderator refused to refund the money pursuant to a notice to him dated March 1, 2017 to that effect thereby contravening Section 318 (1) of the Penal Code; that the moderator signed a communiqué which propagates false information liable to injure public authorities and national unity thus contravening section 113 of the penal code; and finally, that the moderator expressed his satisfaction on what he claims to be grievances or apprehensions as being evident thus; attempting to justify such grievances and apprehensions which being carried out against the security of the state thereby committing an offence contrary to and punishable under section 267 of the penal code.
According to a legal expert, the legal implications of the discontinuance of the case against the Presbyterian Church in Cameroon while targeting its moderator are manifold; “The legal team of Mr. Fonki Samuel Forba can now raise a preliminary objection calling for the suit to be thrown out of court for mistaken identity. Decisions about education in the PCC are taken by the Presbyterian Education Authority, PEA and validated by the Synod. The head of the body is the proprietor who happens to be the moderator of PCC. The proprietor or Moderator is a corporate person whose role is representative of the PCC and any consequences arising thereof are liable as collateral of the PCC.”
The legal expert furthered that there is no persona in the PCC in charge of education known as Mr. Fonki Samuel Forba. So there is a case for mistaken identity or a suit against the wrong person.
“If you discontinue a suit against the PCC, you equally discontinue with the proprietor and suppose the proprietor is Mr. Fonki Samuel Forba then you also inadvertently discontinue with him too” the legal expert added.