PART II- THE REASONING The accused person Fon Philip Enjenwei aged 42, was committed for trial before this court under S.346(3) as read with section 347-1 of the Penal Code. He is alleged to have sometime in April 2017, at Buea, in the Fako Judicial Division had sexual intercourse with one Kone Ponke Guillaume Bienvenue a child aged 15 years old and of the same sex. Arraigned on the above charge on the 09th day of September 2017, the accused pleaded ‘not guilty’. In the absence of all the prosecution witness, the Learned State Counsel stated the facts of the case as follows: That on the 31st of March 2017, the accused person (a regional animator of FENASCO games) invited a boy by name Kone Ponke aged 15 years to Buea for the national FENASCO games. That upon arrival in Buea, the accused person took a room at hotel la Fraicheur situated at Mile 16 for himself and Kone Ponke. That during their stay there, the accused had anal intercourse with this boy on four occasions, that is on the 2nd, 3rd, 6th and 12th of April 2017. That this constitutes the offences of indecency to child under sixteen and homosexuality contrary to and punishable under section 346(3) of the Penal Code as read with section 347-1 of same. The Learned state Counsel sought leave of court to tender in evidence the entire case file as well as the preliminary inquiry file which were admitted in evidence and marked as exhibits ‘A’ and ‘B’. At the close of the prosecution’s case, the accused person was put to his defence. He elected to give evidence on oath after the provisions of section 366 of the Criminal Procedure Code were read out to him. He did not have any witnesses to call. In his defence, the accused stated that he is a temporal state animator of FENASCO games working in collaboration with the ministers of secondary education, sports and physical education. 2

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