By Tata Mbunwe
The ex-girlfriend of self-styled Separatist General, No Pity, Antoinette Kongnso, is still being held in detention despite a December 15, 2021 decision of the South West Appeals Court, granting her bail.
Yesterday January 30, 2022, marked 120 days since her arrest on October 2, 2021.
Human right lawyers have continued to condemn her arrest and detention. Many had expected the nursing mother to be sent home alongside her two-month-old baby. But lawyers say she is still being “unjustly detained”, despite bail conditions having been met.
“There is no justification whatsoever why Madam Kongnso Antoinette should still be in detention,” said Barrister Ligenju Vitalis, one of the human rights lawyers fighting for her release.
“She was released by the Inquiry Control Chambers of the Court of Appeal after senior Barrister Nkea made serious applications before the examining magistrate and they ignored. Now the matter was taken to the Inquiry Control Chambers where the judges did justice to the case by releasing her on bail. of Unfortunately as we speak she is still under detention.
“We don’t understand under what premise the State of Cameroon is still detaining this woman with a nursing baby. We call on the State to respect their own laws and release madam Antoinette.
This is a case of flagrant disrespect of the extant laws of the land and which we feel that it is a disgrace to the Cameroon judiciary that a pregnant woman is first of all arbitrarily arrested; the court failed to declare her arrest illegal; she is illegally detained; the court failed to… and now the court has granted bail and they themselves cannot enforce the law,” Barrister Ligenju added.
He said they are “demanding that the State of Cameroon to release Kongnso because that is the position of the law. That is justice and it is in the interest of justice that justice should not only be done, it should be seen to be done”.Leganju also said that all bail conditions have been fulfilled for Kongnso to be released.
Bail conditions not yet met?
While delivering judgment on December 15, Justice Florence Fonacho gave the following as bail conditions: FCFA one million bail fee; and FCFA 29,000 for stamps and other costs. Kongnso was also expected to produce two sureties who have land titles and have permanent residences in Buea.
Kongnso’s lead advocate and human rights lawyer, Barrister Edward Ewule Lyonga, had described these conditions as “very strong”, but said they were happy with the judgment, as it renewed their confidence in the Cameroon judiciary.
However, two and a half months after the judgment, earlier described by Kongnso’s lead Counsel, Barrister Emmanuel Nkea as “landmark”, justice is yet to be done as Antoinette Kongnso is still at the Buea Central Prison.
Barrister Ewule seems to disagree with Basrrister Ligenju, as he blames the non-fulfillment of bail conditions for Kongnso’s continuous detention.
“The first thing is that Cameroonians should know that when bail is granted under section 246(g) of the Criminal procedure Code is that you fulfill certain conditions and the conditions for her bail is that she had to produce two sureties of one million francs who have landed property. It does not mean she had to pay one million francs but she had to provide sureties with landed property. So that is exactly the issue now,” Ewule said.
He added: “The bail condition was granted around December and we had issues with judicial break, most of the judges were not there. But now in January, it was for the family to provide this security – to provide two land certificates, two persons with landed property.
“I spoke with the judge justice Fonacho and she said if they come with the sureties and the land certificates, they are going to follow the court’s decision.”
Time for women to stand up
The struggle of Kongnso’s release has seemingly been ignored by the Cameroon’s most influential female voices. Among those who had gone quiet on the issue are; Edith Kah Walah, Esther Omam, Anne Munjong, and several others who are quick to stand up for women.
Since October, when rights lawyers filed the first habeas corpus suits to secure Kongnso’s release, women in Cameroon have been silent publicly and have assumed no advocacy role.
One of them, Sally Ndape, has however been relentless in efforts to secure Kongnso’s release. Apart from attending all court sessions, Ndape says she has been visiting Kongnso in prison and was present at the Buea Regional Hospital last November, when Kongnso delivered of her baby while in detention.
Talking to the press then, Ndape said: “Antoinette Kongnso is still in detention and the case is now being tried at the military court. On Friday the case was heard at the military court and it was adjourned again. I am calling on women to continue online advocacy on Twitter, Facebook, Instagram and even in our neighbourhoods.
“No one should be left behind. Every woman should join her voice let’s advocate for Antoinette Kongnso’s case, so that she might be released alongside her baby. I was really saddened when I got to the military court to see Antoinette sitting there alone. There was no one with her.”
She called on other women to brave the odds and stand up for Kongnso.
“Previously women did not stand up for Kongnso because they were afraid but now they should overcome their fears and come out as women.”
Thirty-year-old Kongnso was harassed and arrested on October 2, 2021, for allegedly having links with “No Pity”, whom she dated five years ago.
After being remanded in custody for six days, the Buea Military Court issued a remand warrant in which she was accused of failing to report terrorism.
