The Glencore affair, which shook several African countries, including Cameroon, has resurfaced with a new significant element: the British justice system refuses to reveal the names of Cameroonians suspected of having been corrupted by the Swiss oil giant. Despite the sustained efforts of the Cameroonian government, through the Ministry of Finance and the National Hydrocarbons Company (SNH), the names of local officials involved in this vast corruption affair remain hidden, protected by an “anonymity clause”, we learned from a press release signed on September 10, 2024 by Adolphe Moudiki, the Managing Director of the National Hydrocarbons Company.
The case dates back to the period between 2012 and 2018, during which Glencore allegedly bribed officials in several African countries, including Cameroon, to obtain advantageous contracts in the oil sector. The investigation conducted by the British Serious Fraud Office (SFO) revealed that the Swiss multinational allegedly paid substantial bribes to Cameroonian officials through opaque transactions, in order to secure commercial favors linked to the exploitation of crude oil.
In November 2022, Glencore was convicted by Southwark Crown Court in London for proven corrupt practices in several countries, including Cameroon. However, the precise details of those involved at the national level have never been revealed. The confidentiality surrounding these names was justified by the British authorities under the pretext of an “anonymity clause” agreed between Glencore and the SFO, a fact that casts an opaque veil over the Cameroonian part of the case.
Faced with this situation, Cameroon has not remained passive. In his press release published on September 10, 2024, Adolphe Moudiki revealed that “since the revelation of this affair, in May 2022, SNH has frozen all its activities with Glencore, both in the field of exploration/production and commercially.” This freezing of relations demonstrates SNH's commitment to adopting a firm stance towards any company involved in acts of corruption.
In May 2022, and again in June 2023 after Glencore’s conviction, the SNH formally requested that the company provide it with the names of the Cameroonian employees involved in these acts of corruption. Glencore refused to respond to these requests, again citing a confidentiality obligation imposed by the SFO.
On November 6, 2023, SNH took a new step by filing a complaint with the Special Criminal Court (TCS) of Cameroon. The objective of this complaint is to identify, prosecute and convict those involved in this corruption case, in accordance with the Cameroonian Penal Code. Adolphe Moudiki reaffirmed that SNH is awaiting its hearing with the hope that those responsible will be unmasked and brought to justice: “In any event, SNH remains awaiting its hearing by the Special Criminal Court, following its complaint filed on November 6, 2023, with the hope that all those involved in these economic crimes will be unmasked and prosecuted in accordance with the Cameroonian Penal Code,” he stressed.
Determined action by the Ministry of Finance
In addition to the initiatives of the SNH, the Minister of Finance Louis Paul Motaze has also taken concrete measures to safeguard the interests of the State of Cameroon. Following the denunciations of Maître Akere Muna, a working group was set up by the Minister of Finance to assess the tax losses resulting from the frauds acknowledged by Glencore. This group, which conducted extensive investigations and analyses on the actions of Glencore and its Cameroonian subsidiary, is said to have estimated the tax loss at around 20 billion CFA francs, an amount which, according to a Minfi executive, will probably be increased by substantial penalties.
This MINFI working group quickly formulated recommendations to recover the lost amounts and punish the guilty parties. One of the central proposals of the working group concerns the taxation of hidden sums, in accordance with Article 45 of the Cameroonian General Tax Code. This text provides that companies or other legal entities that pay sums to individuals whose identity they do not reveal are subject to personal income tax. This measure aims to recover a maximum of tax revenues, increased by heavy interest. These frauds, based on erroneous accounting entries, could also be punished by tax fines. To obtain compensation, Cameroon will obviously have to become a civil party in the legal proceedings currently underway in London. The MINFI is also considering legal proceedings in Cameroon against the Glencore group and its Cameroonian subsidiary for tax and customs fraud due to the significant tax losses suffered by Cameroon.
Nevertheless, some progress has been made. The Cameroonian authorities have already identified the offences related to this case. The legal framework surrounding these offences has been clearly defined, which has made it possible to better identify responsibilities and initiate targeted prosecutions. These clarifications should speed up legal proceedings and increase the chances of recovering the embezzled amounts.
With the agreement of the Head of State, Louis Paul Motaze also contacted the competent authorities of the Swiss Confederation and the United Kingdom, in particular the Serious Fraud Office (SFO), with the aim of obtaining more complete information on the Cameroonian actors involved in this affair. “The requests for information intended for the Swiss and British authorities were transmitted to the International Intelligence Exchange Unit. The aim is to obtain elements of the Serious Fraud Office (SFO) investigation file,” maintains a Finance official. To this day, the fate of this correspondence remains unknown.
These actions aim not only to reveal the names of corrupt officials, but also to assess the extent of the fiscal and economic losses suffered by Cameroon as a result of this fraud. As a senior official of the Ministry of Finance points out, “This case constitutes a major challenge for MINFI, which is seeking compensation not only for fiscal losses, but also for the attack on its sovereignty and the integrity of its economic institutions. The Cameroonian authorities are striving to redress the situation, with the hope that international justice, despite its complexities, will shed light on the facts and obtain fair compensation.”
British justice, between confidentiality and blockage
The decision by the British courts not to disclose the names of Cameroonian officials incriminated in the Glencore affair is frustrating Cameroonian public opinion, where prominent figures such as Akere Muna have worked tirelessly to uncover the truth. For many, it is unacceptable that officials involved in a scandal of this magnitude should be protected by a confidentiality clause. Critics believe that this protection constitutes a major obstacle to the fight against corruption in Africa and that it deprives the states concerned of the information needed to judge and punish their citizens.
Despite this, Southwark Crown Court, which sentenced Glencore in November 2022, maintained that the confidentiality of witnesses and collaborators in the case must be respected for legal reasons. A further hearing is scheduled for October 2024, and Cameroonian authorities hope that new evidence may be revealed at that time.
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