Legal scholar critiques Alain-Claude Bilie-By-Nze's arrest, citing procedural irregularities
via Gabon Review2 min read
Ali Akbar Onanga Y'Obegue, Secretary-General of the PDG and a law professor at Omar Bongo University, has analyzed the arrest of former Prime Minister Alain-Claude Bilie-By-Nze, concluding that the procedure is legally flawed. Based on a statement from the Ensemble pour le Gabon EPG party, of which Bilie-By-Nze is president, Onanga Y'Obegue identified three significant legal issues. First, he noted the apparent absence of a judicial warrant for the arrest carried out by the Directorate General of Research DGR. He stated that an arrest by DGR agents without a clear judicial warrant for a common financial dispute would constitute an arbitrary arrest. Second, he argued against the personal imputation of facts, explaining that debts incurred during the 2008 Fête des cultures, a public service mission, were state commitments, not personal liabilities of the minister. Administrative law dictates that public officials cannot be held personally responsible for debts arising from their official duties. Third, Onanga Y'Obegue highlighted the issue of prescription, as the events date back to 2008. He noted that the Gabonese Penal Procedure Code sets a ten-year limitation period for misdemeanors, and OHADA law, applicable in Gabon, provides for five years for commercial claims. In both cases, the deadline has been significantly exceeded, making an arrest procedure in 2026 for 2008 events, without an established interrupting act, legally baseless. Beyond the legal aspects, Onanga Y'Obegue
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