"NRT Case": Between Oddities and Conflict of Interest!

Incomprehensible! This is the perception of many observers and other commercial litigation specialists in what is now called the "NRT case". Worse, others see the cavalier application of a court decision, itself far-fetched.

Facts ?

Following the crash of the airline Gabon Express, in 2005, the late Omar Bongo Ondimba had punched the table and demanded order in the air sector. Faced with these new requirements and regulations issued by the Gabonese authorities, Mr. MOUKETOU NEHME, a Gabonese of Lebanese origin, majority shareholder of the National Airways Gabon (NAG) created the NRT, in 2005. A company in which his wife MOUKETOU born NKAMBISSI MBOUMBOU Rosette has never been a shareholder. This is evidenced by the circuit board of the new entity from which Gaboneco.com was able to obtain a copy. This document explicitly mentions a " Business creation " and not a "Modification".

Will follow in July 2017, a change of status. The NRT goes from a status of SARL to SA, without Ms MOUKETOU being on the Board of Directors. Four months later, in November 2017, MOUKETOU NEHME, owner of 85% of the shares, sells his shares and returns to Lebanon.

Beginning of the legal battle

In the same year, the Vice-President of the Court of Accounts brought a lawsuit against the general management headed by Juste Alain MBOUITY. The latter claimed 500 000 000 FCFA of dividends arguing its quality of shareholder. The Vice President of the Libreville Court of First Instance at the time, Fulgence ONGAMA, in charge of the case, declared his application inadmissible, arguing that legally nothing gave his colleague the status of shareholder.

Turnaround situation

In 2018, Ms. Mouketou returns to the charge and still claims her shareholder status without bringing "new probative element in court", as learned in the first year of law faculty. The same case was retried. Bizarre! The same case tried twice, for the same reasons. Worse, the former Vice President of the Court of First Instance of Libreville at the time, Fulgence ONGAMA, meanwhile President of the Tribunal, reconsiders his decision and now considers the said motion admissible. Unthinkable thing in the judicial world! Exhilarated by this new verdict, the elder sister of the Minister of Justice, landed manu militari, accompanied by a bailiff, to expel the staff and change at the same time the locks of buildings, and without respecting deadlines inherent in the appeal period, (Editor's note: 10 days).

In addition, the cavalier approach used, a fact and not least, leaves stunned spirits. How does the latter, from the top of its rank of magistrate, state thus tramples the Statute of Magistrates? The statute in article 13 strictly forbids any magistrate to exercise any professional activity or to be employed outside his / her body of origin. Does the latter benefit from privileges? Did his fellow magistrates cultivate a corporatist reflex to the detriment of the pure and simple application of the law? Case to follow …