Yaounde: BAT Cameroun petitions Biya over Bastos land dispute.

The petition, addressed July 24, was signed on behalf of the company, by the Legal and Compliance Director for BAT Sub-Sahara Africa, Pat Rich.

In the letter, the company decries ongoing maneuvers to expropriate the company’s land and evict them from the land in question, located at the heart of the Bastos neighbourhood in capital city, Yaounde.

The open letter, which the company said is the last resort, after all efforts to engage the land dispute legally and amicably, urgently seeks the president’s intervention in the critical land dispute that threatens the integrity and operational stability of BAT Cameroun and undermines confidence in the eyes of multinational companies as to the strength of the rule of law in the country.

Bone of contention

According to the company, a series of “highly irregular actions” have been taken which threatened the ownership of the close to 10 hectares of land and putting its economic development in peril.
The polemics dates back to last May 16, when BAT Cameroun was served by a bailiff, an order dated April 25, 2024, by the Minister of State, Minister of State Property, Land Tenure and Surveys, MINDCAF, Henry Eyebe Ayissi. 

The said ministerial order declared the partial forfeiture of BAT Cameroun’s rights on an underdeveloped parcel of over four hectares of the Bastos site and its retrocession to certain families.
BAT Cameroun said the reasons for the minister’s decision was the company’s alleged inadequacy of developing the land; an administrative fault evidenced by the establishment of land title No.175/Mfoundi, despite non-compliance with the development clause in the specifications; and the State’s right of pre-emption on land management and acquisition belonging to persons of foreign nationality.
“We note that this decision followed an investigation led by the SDO’s office of Mfoundi, which had confirmed the regularity of BAT Cameroun’s land certificate over the entire property. It referred to the strict adherence to applicable laws at the period of land acquisition from the years 1950 to 1953, when the land title was issued,” the company said in the letter.
BAT Cameroun asserted that the fact that the ministerial order was a clear violation of the land laws and regulations applicable in Cameroon. The three families to whom the over four hectares were intended, the lawyer behind this case, government officials and political heavyweight ended up as beneficiaries of the attributed land with new land titles.

“In effect, we have noted that some of the 37 new beneficiaries include Olivier Chi Nouako (7,878m²), his son, the young Chi Nouako Mathieu (550m2), Mvondo Ayolo Samuel (1,000m²), Mezoe Vigouroux epouse Medoulou Andréa Pascale (964m²) and many other persons who are not natives from Mfoundi Division; some other beneficiaries reside out of Cameroon,” the company added.

Measures taken to redress situation

As a corporate citizen and law-abiding entity, BAT Cameroun said it has undertaken several steps to resolve the issue amicably and legally, including submitting an amicable appeal to the MINDCAF boss, submitting a Stay of Execution request before the competent administrative court and petition for a judicial injunction on the land title issued for the benefit of the three indigenous families. 

Furthermore, BAT Cameroun said it has exhaustively sought for audiences with key government officials including the MINDCAF to find a reasonable and amicable solution, but to no avail.
The company noted with dismay the speed at which the claimants have obtained both administrative and legal orders in their favour since the matter began, including court judgments and land title. 

The company informed the Head of State that this process leaves every reason to think that there has been high collusion and influence as part of the dispute.
While all these were unfolding, BAT Cameroun said they recently received another Ministerial Order on June 25, 2024 from the MINDCAF boss, dispossessing the company of the remainder of 5.8 hectares of land, along with an eviction notice for the land in Bastos.
“Documentation obtained in line with applicable laws and regulations from the Land Registry Office and the courts, indicates that the new claimants, equally already have new land certificates for this site and have proceeded to share it among themselves,” the open letter further stated.  

Threats to foreign investment

The alarming development around the land, the company said, will further threaten the planned investments envisaged to be facilitated by BAT Cameroun. The company claimed that it also questions the entire legal and administrative machinery in Cameroon and the reputation of the nation, which are contrary to the Head of State’s vision to drive economic growth of the country.

“Considering these circumstances, we humbly seek your urgent intervention to ensure that justice prevails, foreign direct investment is enabled, the economic and social climate of the country is improved, and that the lawful rights of BAT Cameroun are protected,” the company stated in the letter. 

It added that: “We believe that such intervention, would restore some confidence to watching international investors, that Cameroon is a safe country in which to invest”.

Court of First Instance of Yaounde Administrative Centre opens case

Last July 25, the defense counsel of BAT Cameroun were present at the Court of First Instance of Yaounde Administrative Centre to begin the hearing of the eviction case filed by the lawyer Barrister Oliver Chi Nouako. 

When the case was called up, the defense counsel of BAT Cameroun, led by Barrister Twengembo, handed a declaration to the presiding magistrate, asking for the court to suspend the instruction of the eviction order on the land title No:175/Mfoundi.

In the declaration of the BAT Cameroun lawyers, they requested the case be sent to another court due to what they described as “legitimate suspicion” in accordance to Article 162, 163 and 164 of the Civil and Commercial Procedure Code of Cameroon. 

The Yaounde Court of First Instance has until August 22, to make a pronouncement on whether the case will be transferred to another Court of First Instance within the same jurisdiction or to continue the case based on the decision of the Appeal Court.  

Speaking to the press last Thursday, BAT Cameroun lawyers affirmed that its decision to request that the case be transferred to another court is due to the fact that they lack the trust of the Yaounde Court of First Instance to give a fair trial. 

“From what has been done so far, we are not sure that whatever will be decided at the Court of First Instance of Yaounde Administrative Centre trustworthy,” Barrister Ngoua Elembe Charles, one of the defense lawyers of BAT Cameroun, told the press. 

He added that: “It is not a matter of trusting a judge but a matter of trusting the entire court. So, we want the Court of Appeal of Centre Region to chose any other court within its jurisdiction to decide on the matter”. 

Despite the fact the court is yet to pass it judgement on the eviction matter, demolition exercise is being carried out on the disputed land. 

“They have not had any decision from the court, yet they are already carrying out demolition on the land. They may be owners of the land but they are not owners of what has been built on it,” Barrister Ngoua added. 

This story was first published in The Guardian Post issue No:3183 of Monday July 29, 2024