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NOTICE OF INTENT

TO SUBMIT A CLAIM TO ARBITRATION UNDER SECTION C ARTICLE 20

OF THE

Agreement Between Canada and the Republic of Cameroon for the Promotion and
Protection of Investments

Between

SOUTHERN CAMEROONS YOUTH LEAGUE


(Now the African People’s Liberation Movement)
DR. EBENEZER AKWANGA

DISPUTING PARTY / INVESTORS

and

THE GOVERNMENT OF CANADA


(PROVINCE OF ALBERTA)

RESPONDING PARTY / RESPONDENT

Pursuant to Article 20 of the Agreement Between Canada and the Republic of


Cameroon for the Promotion and Protection of Investments, the Investors hereby
serve this Notice of Intent to Submit a Claim to Arbitration for breach by the
Government of Canada (“Canada”) of certain of its obligations under the Agreement
Between Canada and the Republic of Cameroon for the Promotion and Protection of
Investments.
I. NAME AND ADDRESS OF THE DISPUTING INVESTORS & THE COVERED
INVESTMENT

The name and address of each Investors/Investors is:

African People’s Liberation Movement


Dr. Ebenezer Derek M. Akwanga
PO Box 608
9134 Piscataway Road
Clinton, Maryland 20735
United States

The Covered Investment consists of future contingent interests (incorporeal herediments and/or
choses in action) in the hydrocarbon and mineral interests of Ambazonia (Southern Cameroons)
also known as the Camerounian Sub National Territory of southwest and northwest provinces of
Cameroun which were conveyed by the Southern Cameroons Youth League’s Government of
Southern Cameroons enterprise to the Canadian enterprises Kilimanjaro Capital Ltd. and Forest
Gate Energy Inc. and the Belizean enterprise Kilimanjaro Capital Ltd. purportedly regulated by
Alberta in exchange for an interest in the venture and its royalties therefrom.

The Ambazonians or Southern Cameroonians are an African people recognized under the African
Charter of Human and Peoples Rights (ACHPR) to which Cameroun is a signatory. See: Kevin
Mgwanga Gunme et al / Cameroon, ACHPR 266-2003. The ACHPR and its Commission
guarantees the right of economic self determination to the Ambazonians. The ACHPR
Commission or Banjul Court has seized jurisdiction in cases in which recognized people’s groups
like SCYL have litigated economic self-determination. See for example Front for the Liberation
of the State of Cabinda (FLEC) /Angola, ACHPR 328-2006.1

Canada Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3), Section 2 defines property as:
“[A]ny type of property, whether situated in Canada or elsewhere, and includes money, goods,
things in action, land and every description of property, whether real or personal, legal or equitable,
as well as obligations, easements and every description of estate, interest and profit, present or
future, vested or contingent, in, arising out of or incident to property.”

Under the common law we may also speak in terms of an Incorporeal Herediment which is
anything, the subject of property, which is inheritable and not tangible or visible. It may also be a
right issuing out of a corporeal thing but not the substance of thing itself. (Black’s Law Dictionary
5th Edition, p. 653). It is recognized in Canada that an unvested interest is property. See Royal
Bank of Canada v. Saulnier, [2006] N.S.J. No. 307.

1
Alberta has also claimed in the same action as the one against Investors that Cabinda and FLEC are: “false,
fictitious and a façade.”

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A "chose in action" is a right of which a person does not have present enjoyment but may recover
it (if withheld) by action. This may be assigned by writing, if signed by the assignor, absolute in
terms and notice in writing being given to the debtor. A "chose in possession" is a right of which
the owner has the actual enjoyment. A "chose" is property and is defined in s.136 (1) UK Law of
Property Act 1925.
II. BREACH OF OBLIGATIONS

The Investors alleges that the Canadian government and/or the sub-national government of the
Province of Alberta (hereinafter “Respondent or Responding Party” or “Alberta Securities
Commission 2 or “ASC”) has acted inconsistently with its obligations under the Agreement
Between Canada and the Republic of Cameroon for the Promotion and Protection of Investments,
with respect to the following provisions:
i) Article 4 National Treatment;

ii) Article 5 Most-Favored Nation Treatment;

iii) Article 6 Treatment No Less Favorable;

iv) Article 10 Expropriation

In relevant part, the text of each applicable provision is as follows:


Article 4
National Treatment
1. Each Party shall accord to an investor of the other Party treatment no less favorable than that it
accords, in like circumstances, to its own investors with respect to the establishment, acquisition,
expansion, management, conduct, operation and sale or other disposition of an investment in its
territory.
2. Each Party shall accord to a covered investment treatment no less favorable than that it accords,
in like circumstances, to investments of its own investors with respect to the establishment,
acquisition, expansion, management, conduct, operation and sale or other disposition of an
investment in its territory.
3. The treatment accorded by a Party under paragraphs 1 and 2 means, with respect to a sub-
national government, treatment accorded, in like circumstances, by that sub national government
to investors, and to investments of investors, of a non-Party.
Article 5
Most-Favored-Nation Treatment

2
Alberta Securities Commission or “ASC” refers collectively to its staff and tribunal or panel.

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1. Each Party shall accord to an investor of the other Party treatment no less favorable than that it
accords, in like circumstances, to investors of a non-Party with respect to the establishment,
acquisition, expansion, management, conduct, operation and sale or other disposition of an
investment in its territory.
2. Each Party shall accord to a covered investment treatment no less favorable than that it accords,
in like circumstances, to investments of investors of a non-Party with respect to the establishment,
acquisition, expansion, management, conduct, operation and sale or other disposition of an
investment in its territory.
3. For greater certainty, the treatment accorded by a Party under paragraphs 1 and 2 means, with
respect to a sub-national government, treatment accorded, in like circumstances, by that sub-
national government to investors, and to investments of investors, of a non-Party.
Article 6
Minimum Standard of Treatment
1. Each Party shall accord to a covered investment treatment in accordance with the customary
international law minimum standard of treatment of aliens, including fair and equitable treatment
and full protection and security.
2. The concepts of “fair and equitable treatment” and “full protection and security” in paragraph 1
do not require treatment in addition to or beyond that which is required by the customary
international law minimum standard of treatment of aliens.
Article 10
Expropriation
1. Neither Party shall nationalize or expropriate a covered investment either directly or indirectly
through measures having an effect equivalent to nationalization or expropriation (“expropriation”)
except for a public purpose, in accordance with due process of law, in a non-discriminatory manner
and on payment of compensation in accordance with paragraphs 2 and 3. For greater certainty, this
paragraph shall be interpreted in accordance with paragraph 6.
2. The compensation referred to in paragraph 1 must be equivalent to the fair market value of the
expropriated investment immediately before the expropriation took place (“date of expropriation”)
and must not reflect a change in value occurring because the intended expropriation had become
known earlier. Valuation criteria shall include going concern value, asset value including declared
tax value of tangible property, and other criteria, as appropriate, to determine fair market value.
3. Compensation shall be paid without delay and shall be fully realizable and freely transferable.
Compensation shall be paid in a freely convertible currency and shall include interest at a
commercially reasonable rate for that currency from the date of expropriation until date of
payment.

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4. The affected investor shall have a right under the law of the expropriating Party to prompt review
of its case and of the valuation of its investment by a judicial or other independent authority of that
Party in accordance with the principles set out in this Article.
5. This Article does not apply to the issuance of a compulsory license granted in relation to
intellectual property rights, or to the revocation, limitation or creation of an intellectual property
right, to the extent that such issuance, revocation, limitation or creation is consistent with the WTO
Agreement.
6. The Parties confirm their shared understanding that:
Indirect expropriation results from a measure or series of measures of a Party that have an effect
equivalent to direct expropriation without formal transfer of title or outright seizure;
the determination of whether a measure or series of measures of a Party constitute an indirect
expropriation requires a case-by-case, fact-based inquiry that considers, among other factors:
the economic impact of the measure or series of measures, although the sole fact that a measure or
series of measures of a Party has an adverse effect on the economic value of an investment does
not establish that an indirect expropriation has occurred,
the extent to which the measure or series of measures interferes with distinct, reasonable,
investment-backed expectations, and
the character of the measure or series of measures;
except in rare circumstances, such as when a measure or series of measures is so severe in the light
of their purpose that they cannot be reasonably viewed as having been adopted in good faith, non-
discriminatory measures of a Party that are designed and applied to protect legitimate public
welfare objectives, such as health, safety and the environment, do not constitute indirect
expropriation.=
III. FACTUAL BASIS FOR THE CLAIM

THE INVESTORS (DISPUTING PARTIES)

Investor Dr. Ebenezer Derek Mbongo Akwanga brings this action on his own behalf as investor
and on behalf of Southern Cameroons Youth League (SCYL) an enterprise of which he is
Chairman and was so at all time relevant herein.
Dr. Akwanga was born in Southern Cameroons and as such is a national covered under the terms
of this bilateral trade agreement . He is the Chairman of the African People’s Liberation Movement
(formerly the Southern Cameroons Youth League -SCYL) Cameroons and leader of the nonparty
Southern Cameroons Defense Force (SOCADEF), both founded and based in Buea, Southern
Cameroons. 3 As such he is broadly acknowledged as one of the top leaders of Southern

3
Canada: Immigration and Refugee Board of Canada, Cameroon: The Southern Cameroons National Council
(SCNC) and the Southern Cameroons Youth League (SCYL); organizational structures; leaders; activities;
membership cards; treatment of their members by government authorities (2010-February 2014), 11 March 2014,
CMR104800.E , available at: https://www.refworld.org/docid/5373373d6.html [accessed 25 February 2019].

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Cameroons also known as “Ambazonia” with control over self-defense forces on the ground and
as an Ambazonian diplomatic representative globally. He has been a political prisoner and victim
of torture perpetrated by the government of La Republique du Cameroun and its 86-year-old tyrant
and president-for-life Paul-Barthelemy Biya bi Mvondo.4
Investor the African Peoples Liberation Movement (APLM) was formerly known as Southern
Cameroons Youth League (SCYL) during all time relevant herein. Ebenezer Derek Mbongo
Akwanga is the current Chairman. The Southern Cameroons Youth League (SCYL) was founded
on May 28, 1995 in the Federal Capital Territory of Buea (Republic of Cameroon). The SCYL
says that it is not a political party and has described itself according to the Canadian government
as a "non-profit political freedom-fighting organization.5" APLM is also registered in the United
States as a nonprofit organization.
Southern Cameroons achieved independence in 1961 pursuant to United Nations General
Assembly Declaration 1608 (XV) but its territory was occupied by La Republique du Cameroun
and annexed. Beginning in 2017 significant portions of Southern Cameroons (Ambazonia) have
been liberated by self-defense forces such as Akwanga’s SOCADEF and the Ambazonia Defense
Force (ADF) of Lucas Ayaba Cho.
In 2011 Investor SCYL formed the the Government of Southern Cameroons (GOSC) to promote
the independence of Southern Cameroons. 6 Dr. Ebenezer Akwanga was the president of the
GOSC and Lucas Ayaba Cho, the chief advisor to Akwanga. GOSC was an enterprise and branch
of the Southern Cameroons Youth League (SCYL) now called the African People’s Liberation
Movement (APLM) and one its goals was specifically to self-fund and promote the national self-
determination of Southern Cameroons.
La Republique du Cameroun (Cameroon or Cameroun) was the occupying power in Southern
Cameroons (Ambazonia) during the period of the subject investment, the bilateral investment
treaties it signed during the period of occupation covers its citizens and those of the occupied
territory.
Ambazonia or Southern Cameroons consists of a Northern and Southern Province also known as
the former United Nations Trust Territory (UNTT) of British Southern Cameroons under United
Kingdom administration (1922–1961), which in 1961 voted to become independent from the
United Kingdom by federating with the French-speaking La Republique du Cameroun (hereafter

4
Akwanga v. Cameroon, UN Human Rights Committee, Communication No. 1813/2008, https://redress.org/wp-
content/uploads/2018/10/110322-mbongoakwangavcameroon-1.pdf
5
Ibid, note 2.
6
An unrecognized government requires no diplomatic recognition to conduct itself under international law.
International courts have repeatedly accorded legal standing to unrecognized governments. Unrecognized
governments may conduct commercial transactions and have them recognized by domestic courts. For example see:
Sam Chan Hsuan v. Wu Ting Fang, O.J. NO. 62 OF 1920, in which the unrecognized government of South China’s
action to recover funds in Hong Kong was permitted to proceed; Zeiss Stiftung v. Rayner & Keeler Ltd. (No. 2) [1967]
1 A.C. 853, 954 wherein the unrecognized government of East Germany was permitted access to the High Court;
Alperin v. Vatican Bank, 2008 U.S. Dist. LEXIS 119642 *29 (N.D. Cal. 2008) unrecognized government in exile of
Republik Srpska Krajina permitted as a plaintiff over defendants’ objections in US Federal Court; Gur Corporation
v. Trust Bank of Africa [1987] QB 599, Apartheid era government of Ciskei granted access to English Courts.

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Cameroun). This federation was approved by a UN General Assembly vote in 1961, UN General
Assembly Resolution 1608 (XV), including Canada’s delegation to the UN. Canada then opened
a High Commission in Yaoundé, the capital of the federated state of Cameroons. 7 Subsequent to
the UN General Assembly vote, and pursuant to UN resolution 1608, Ambazonia (Southern
Cameroons) became independent and at the same time tried to form a de jure federation with the
contiguous State of La Republique du Cameroun. Since the terms of the de jure federation was not
agreed upon, a de facto federation existed from 1961 to 1972 when it was abolished by La
Republique du Cameroun to form a form of unitary arrangement but this arrangement did not last
since in 1984, vide Restoration Law 84/1, the State formed by the two UN trust territories or their
emanations was dissolved and La Republique du Cameroun which was one of the States that
formed the de facto union revived hence by operation of law, or as a countermeasure, the former
State of Ambazonia (Southern Cameroons) was equally revived and it formally declared a
Restoration and its sovereignty that had been in abeyance reverted to it and it is exercise such
sovereignty albeit with occupation and attempted assimilation of parts of its territory by the
contiguous State of La Republique du Cameroun.
In a series of unlawful political moves by the leadership of Cameroun and in particular President
Paul Biya and his former Prime Minister who was also the longtime High Commissioner to
Canada, Philemon Yang, the UN approved federal state was abolished and the status of Southern
Cameroons downgraded to provincial status. In 2017 after decades of unrest and a series of clashes
with the Camerounian authorities, the Southern Cameroons Ambazonia Consortium United Front
(SCACUF) unilaterally declared Ambazonia to be independent with broad support across the
political spectrum. This declaration was actually an affirmation of the ‘Declaration of
Independence’ which was done on December 30, 1999 over a provincial branch of the Cameroon
Radio and Television Corporation (CRTV) Buea by Justice Frederick Alobwede Ebong and
members of the Southern Cameroons Youth League (SCYL) including Ebenezer Akwanga and
Lucas Cho Ayaba.
On November 30, 2017, the President of Cameroon, Paul Biya, declared war on the Republic of
Ambazonia in a press conference at the Yaoundé Nsimalen International Airport as he returned
from Abidjan, Côte d'Ivoire where he attended the 5th Africa Union-European Union Summit.
Ever since this date the Ambazonian people, self-defense forces and government have been under
attack, villages burned, people arrested and tortured, raped, and murdered by the Army and Police
of Paul-Barthelemy Biya bi Mvondo.8 In particular the elite BIR unit or Battalion D’Intervention
Rapide has been responsible for the lion’s shares of atrocities. There have been 25,000 casualties
and at least 500,000 internally and externally displaced persons.

Amnesty International, Human Rights Watch, International Crisis Group, IRIN and other well-
respected NGOs have documented the ongoing violence against English speakers in Southern

7
High Commission of Canada in Cameroons, “Canada Cameroons Relations,”
http://www.canadainternational.gc.ca/cameroon-cameroun/bilateral_relations_bilaterales/canada_cameroon-
cameroun.aspx?lang=eng
8
IRIN News, December 4, 2017, “Cameroon government ‘declares war’ on secessionist rebels,”
https://www.irinnews.org/analysis/2017/12/04/cameroon-government-declares-war-secessionist-rebels

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Cameroons by the regime in Yaoundé.9 The United States, United Nations, and European Union
have cautioned the Biya regime over its human rights abuses. 10 The United States Africa
Command (AFRICOM) recently suspended military aid to Cameroon because of human rights
violations in Ambazonia. The Canadian High Commission in Yaoundé however has largely been
silent on the plight of Ambazonians indicating a pro Biya bias.

Canada has maltreated investors by:

(a) Deliberately pursuing a politically inspired policy of referring to Investors and their economic
interests in numerous filings as false, fictitious and a facade11;

(b) Intentionally failing to properly investigate before castigating Investors’ interests publicly as well
as covering up the exculpating information provided by Forest Gate Energy CEO Michael Judson
who was personally acquainted with Investors;

(c) Attempting to deny solicitor client privileges to Investors by impugning their legal counsel in an
attempt to gain access to confidential business information and intelligence data which if passed
to the Camerounian government or its proxies could result in the deaths and imprisonment of
several individuals12;

(d) Engaging in racist and neocolonial behaviors by falsely claiming that the concept of Ambazonia
and Southern Cameroons as an independent state was created by white men to deceive investors
and perpetrate fraud;

(e) Permitting itself to be used for political purposes by a foreign interest (China and Cameroun) to
gain an advantage in the Ambazonia crisis;

(f) Issuing a reckless and sensational press release based on its negligent or nonexistent investigations;

(g) Providing materials to the Camerounian government press which then utilized the unproven
allegations to further castigate and darken Investors’ reputations as con men and criminals rather
than liberation fighters against the Biya regime;

9
Amnesty International, September 18, 2018, Cameroon: Horrific violence escalates further in Anglophone regions.
https://www.amnesty.org/en/latest/news/2018/09/cameroon-horrific-violence-escalates-further-in-anglophone-
regions/ and Human Rights Watch, July 19, 2018, Abuses by Government and Separatist Groups in Cameroon’s
Anglophone Regions. https://www.hrw.org/report/2018/07/19/these-killings-can-be-stopped/abuses-government-
and-separatist-groups-cameroons#
10
US Foreign Affairs Congressional Subcommittee hearing, “Crisis in Cameroon,”
https://foreignaffairs.house.gov/hearing/subcommittee-hearing-crisis-in-the-republic-of-the-cameroon/
11
http://www.albertasecurities.com/Notices%20Decisions%20Orders%20%20Rulings/Enforcement/Kilimanjaro%20
Capital%20Ltd.%20NOH%202017%2010%2011%205337177v11.pdf
12
Amnesty International, February 21, 2019, Cameroon: Opposition leader and more than a hundred supporters face
the death penalty https://www.amnesty.org/en/latest/news/2019/02/cameroon-opposition-leader-and-more-than-a-
hundred-supporters-face-the-death-penalty/

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(h) Appointed as chairman of the sub national tribunal hearing a barrister, Tom Cotter, whose previous
energy and business law practice during all times relevant represented a Chinese petroleum
company (Addax Petroleum, a division of China Petroleum & Chemical Corporation (Sinopec))
whose claims in the Bakassi region of Ambazonia were disputed by Investors in 201313;

(i) And acting on political grounds, influenced by the former Camerounian Prime Minister and High
Commissioner to Canada, Philemon Yang, instituted ultra vires proceedings for the purpose of
supporting the Paul Biya faction of the Camerounian government, Addax Petroleum and Sinopec;

(j) As a result, Investors’ face irrevocable harm of a Canadian sub national tribunal finding that:

(1). Ambazonia or Southern Cameroons is not a geopolitical entity and/or people but instead is
false, fictitious and a façade and that its aspirations to statehood are a charade perpetrated for
improper purposes;

(2). The integrity of the Ambazonian struggle, revolution and its leaders are malign;

(3). Ambazonia’s claims to economic self-determination are bogus and fraudulent;

(4). Investors have no right to solicitor client privileges in Canada;

(5). The claims by Addax Petroleum are superior to that of Investors.

(6). Investors are by extension guilty of violations of Camerounian political crimes that carry the
death penalty under the Cameroun Penal Code, Sections 102 Hostilities Against the Fatherland,
111 Secession, and 112 Civil War.14

(k) Canada delegates securities regulation to its sub national provincial securities commissions
which are supposed to harmonize their activities with the requirements of the Global Affairs
Ministry in international matters. The Alberta Securities Commission attempted to regulate
Investors and their interests in Kilimanjaro Capital even though there was little or no connection
to Alberta and that all relevant trades in the shares of that company occurred outside Canada. The
Alberta Securities Commission unjustly targeted Investors and caused harm to their investments
as the victims of regulatory overreach, foreign politics and local favoritism. The decision taken
by Canadian regulatory officials to declare Investors and their investments as false, fictitious, and
fraud and suppress and fail to take into consideration reliable evidence to the contrary betrays a
political and economic agenda designed to appease the Camerounian and Chinese governments by
a sub national governmental unit.

13
Declaration in Support of Kilimanjaro Capital, Government of Southern Cameroons, September 8, 2013,
https://www.thenigerianvoice.com/nvnews/123729/1/declaration-in-support-of-kilimanjaro-capital-ltd.html
14
Camerounian Penal Code - http://fakoamerica.typepad.com/files/law-relating-to-the-penal-code.pdf

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(l) Investors in this Notice have not extensively briefed the issues of the Ambazonian struggle
for national self-determination but also rely upon and incorporate by reference international and
national agreements which support the fact that Ambazonia is not false, fictitious and a façade
created by white men, including but not limited to: UN Resolution 1608 of 1961 that granted
Southern Cameroons independence, Canada's UN vote for the independence of Southern
Cameroons, international treaties that define the territory of Ambazonia, the Southern Cameroons
order in UN Security Council in 1958, the Greentree Accord that differentiates between Cameroon
and Cameroun, Cameroun President Ahidjo's statement at the UN General Assembly that La
Republique du Cameroun is not annexationist and would not annex Southern Cameroons and any
association will be on the basis of equality.

The Investors and their Investments in the Territory of Canada

The Investors are all nationals or based or founded in Cameroun and as such are Camerounian
nationals.
Investors made covered investments in a Belizean and Canadian company, both named
Kilimanjaro Capital. Canada (Alberta) assumed jurisdiction over the Belizean company under rule
NI-51-501 because its CEO was in Alberta, Canada. Investments were also made in the Canadian
company Forest Gate Energy, Inc.15
Investors long sought to enter the international hydrocarbon and mineral market through the
example set by the Saharawi Arab Democratic Republic’s (SADR) successful sale of future
contingent offshore oil leases occupied and currently still occupied by Morocco:
The SADR has been divided into a total of 18 blocks, 12 located offshore, and 6
onshore. A Licensing Round was announced in May 2005 and in March 2006 the
SADR signed license agreements with 6 companies for a total of 10 blocks (7
offshore and 3 onshore).16
Investors were also aware that the de facto (unrecognized) governments of Puntland and
Somaliland had entered into licensing agreement with various oil companies including TSX listed
Africa Oil.

Representatives of Investors initially spoke to a Hong Kong based company (Jarch Group)
regarding asserting control of their resources. Then in 2013 signed an agreement with a British
Virgin Islands holding company, Neominex Inc., which shared management with TSX-V listed
Silk Road Energy. Investors in August 2013 revoked that agreement and signed an agreement with
the private Canadian company Kilimanjaro Capital Ltd. to promote their interests. Later the
Canadian company conveyed its assets to a Belize company of the same name but retained its
Canadian CEO, Zulfikar Rashid. Rashid was also a director of Silk Road Energy.

15
Forest Gate Energy, a Quebec company, received the assets from Kilimanjaro Capital in 2013. See:
http://www.forestgateenergy.com/pdfs/FGE_WestAfricanOpportunities_April2015_rev2.pdf
16
http://www.sadrpma.com/petroleum/licence-offering/

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Kilimanjaro Capital shortly thereafter conveyed some of the Ambazonian assets to TSX-V listed
Forest Gate Energy, Inc.17 Forest Gate Energy received permission from the TSX-V to issue three
press releases in 2013 promoting African assets received from Kilimanjaro Capital. At no time
was there any confusion as to these assets being future contingent and speculative. Nor were these
assets portrayed as drill ready since Ambazonia would first need to control the territory.

Ebenezer Akwanga joined the Advisory Board of Kilimanjaro Capital along with another
Ambazonian, Lucas Ayaba Cho, who later served as a Director of Kilimanjaro Capital. The CEO
of Forest Gate Energy, Michael Judson also joined the Kilimanjaro Board.

Kilimanjaro Capital (Belize) sought and eventually achieved a share listing on a European stock
market, the Danish GXG Exchange. Judson along with Akwanga and Ayaba met in London with
exchange officials and others including lawyers, press, potential investors and other Africans in
order to obtain the share listing and set the opening price of the IPO. Later the company was
reciprocally listed as a foreign company on the US OTC Exchange. Kilimanjaro Capital Ltd. was
never listed on a Canadian stock exchange.

Forest Gate Energy continues to promote the Ambazonian assets but has had no success that
Investors are aware of due the actions of Canada against Kilimanjaro Capital.

Kilimanjaro Capital Ltd. was a Belize company with a Canadian CEO, Mr. Rashid, who resided
in Calgary, Alberta, Canada with assets and relationships in Nigeria, Cameroons, Angola,
Zimbabwe and Somalia. The Alberta Securities Commission opened a case against this company
in 2014 but never contacted Investors for their input even though they may be easily found based
upon filings with the GXG and OTC Exchanges. The Commission did contact Forest Gate
Energy’s CEO, Michael Judson, who reported the Investors’ assets were real. No charges were
filed against Judson or Forest Gate Energy which continues to promote the Investors’ assets as
well as assets from another Kilimanjaro source in Cabinda. The ASC suppressed the Judson
testimony and has redacted parts of it and declined to take sworn his sworn testimony even though
he is the CEO of Forest Gate Energy and was the Director of Kilimanjaro Capital responsible for
the GXG Markets IPO.

Respondent improperly retaliated upon Investors culminating in an enforcement action against


Kilimanjaro in October 2017 which claimed all of Kilimanjaro’s assets and participants were false,
a façade, and fictitious including Investors’ property and the entire nation of Ambazonia itself.
This enforcement action coincided with open revolution occurring in Ambazonia against the
Camerounian government of Paul Biya. The Vice Chair of the ASC Tom Cotter was appointed to
chair the ASC Panel.

17
Unlike Kilimanjaro Capital, Forest Gate Energy is not defunct and continues to promote its interest in Southern
Cameroons and Cabinda:
http://www.forestgateenergy.com/pdfs/FGE_WestAfricanOpportunities_April2015_rev2.pdf?lbisphpreq=1

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Alberta claims to have a superior regulatory scheme specializing in oil and gas sector. Many oil
and gas companies are or have been headquartered in Alberta including oil and gas companies
whose Ambazonian assets Investors have disputed such as Sinopec Canada and Addax Petroleum.
Under customary international law Canada is required to meet a standard of due diligence and
fairness, in providing protection and security to the property rights of foreigners. Investors were
under the impression their investments in Forest Gate Energy and Kilimanjaro Capital would be
protected by due process and other norms of fair dealing. They were further assured by the positive
review of the assets by the Toronto Stock Exchange. The Respondent has promised to accord fair
treatment to Camerounian investors including sub national investors such as Ambazonians. The
United States and Mexico for example do not attempt to decide the existence or nonexistence of
indigenous peoples’ claims to natural resources in Canada. The United States and Canada do not
as a rule opine on the existence or nonexistence of Canadian sub national governments such as
Nunavut or Kahnawake. At a bare minimum, the Investors should have been entitled to expect that
the people entrusted with enforcing securities regulation in Canada would act without blatant
disregard for the law or cross into the area of foreign relations. Had staff from the Alberta
Securities Commission exercised even a scintilla of due diligence in this case, the Investors would
have not have suffered, as they did, from one of the most egregious cases of regulatory overreach,
slander and libel of an entire people, ultra vires regulation and constitutional breech in Canadian
regulatory history.
By October 2017 when the ASC finally filed it allegations in a Notice of Hearing against
Kilimanjaro Capital declaring Ambazonia fictitious, false, and a façade, the political situation had
deteriorated in Ambazonia to the point of open revolution.
Investors however only learned about the extent of the allegations in Summer of 2018 when a
Camerounian government-controlled press campaign castigated them as frauds utilizing the ASC
material which had been furnished to the Camerounian government despite an automatic gag order
under Section 45 of the Alberta Securities Act on the case. The Ambazonian assets were not
identified in the ASC Notice of Hearing. It is very likely the ASC staff was colluding with either
one or all of: Sinopec. Addax Petroleum, China and Cameroun.
Upon investigation it was easily discovered by Investors that a major energy company in Alberta
is Sinopec Canada a subsidiary of the China Petroleum & Chemical Corporation (Sinopec).
Another subsidiary of Sinopec is the former Calgary oil company Addax Petroleum. Addax
Petroleum is a known bad actor; having recently settled corruption and bribery allegations in
Geneva, Switzerland with a fine of 31 million Swiss francs.18 Addax owns two offshore Southern
Cameroons oil blocks to which Ambazonia and Kilimanjaro also laid claim. This was made clear

18
Republique et Canton de Geneva, Procédure contre Addax: réparation à hauteur de 31 millions de francs et
classement de la procedure, July 5, 2017. http://ge.ch/justice/procedure-contre-addax-reparation-hauteur-de-31-
millions-de-francs-et-classement-de-la-procedure

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in a statement by Dr. Ebenezer Akwanga in 2013 on behalf of Ambazonia (then called Southern
Cameroons) in which he named Addax Petroleum as a major supporter of the Paul Biya regime.19
The Vice Chair of the ASC, Tom Cotter, is the highest-ranking ASC Panelist and was assigned to
chair this matter. During the time relative to the Kilimanjaro allegations, Cotter was a partner on
the “energy team” at a major Calgary law firm, McCarthy Tetrault, which represented Addax
Petroleum.20 To date Cotter has ruled in a biased manner on issues of solicitor client privilege,
keeping the actual identities of the so-called fictitious assets such as Southern Cameroons under
wraps, and preventing Applications and Rulings from being publicly available so that no clear
public record exists of these proceedings.
National self-determination disputes in Africa such as one in Southern Cameroons are a matter of
foreign policy and not with in the expertise of jurisdiction of sub national authorities. While it is
true assets from de facto African states like Puntland, Somaliland, and the Saharawi Arab
Democratic Republic may be caveat emptor– the actual physical existence of these entities is not
a matter for the sub national provincial governments to decide. Yet, the ASC seeks to declare the
geopolitical entity of Ambazonia or Southern Cameroons fictitious, a façade, and fake and a
creation of white men at a time when a crisis is occurring there with hundreds of men, women and
children dead every week.21 While Ambazonia is currently not recognized by any UN member
state, this does not mean it will not be in the future and the actions by Alberta will not go unnoticed
by the Ambazonian government. A finding by a provincial government as to whether an entire
geopolitical entity is fictional or not clearly exceeds its authority and competence. What is
particularly alarming are the numerous references to Southern Cameroons or Ambazonia can be
found in publicly available federal government documents, federal court decisions and reliable
NGO and IGO materials. ASC is clearly not a competent authority in these matters if it intends to
paint with a broad bush in an uninformed manner that benefits only foreign entities (Cameroun
and China) that have an interest in suppressing Ambazonia’s aspirations to statehood for economic
and political reasons.
The ASC prosecution was begun with a sensational press release issued by the ASC. This was
soon elaborated upon by the government backed Cameroonian press to attack several involved
individuals (Akwanga, Levy, Rashid) as purveyors and financiers of revolution when in fact the
Anglophone dispute had been simmering since before 1995 and erupted in 2017 three years after
Kilimanjaro Capital ceased to function under pressure of the ASC investigation 22 The

19
Declaration in Support of Kilimanjaro Capital, Government of Southern Cameroons, September 8, 2013,
https://www.thenigerianvoice.com/nvnews/123729/1/declaration-in-support-of-kilimanjaro-capital-ltd.html
20
McCarthy Tetrault, McCarthy Tétrault grows its energy team with unrivalled expertise, August 13, 2013,
https://www.mccarthy.ca/en/about/news-and-announcements/mccarthy-tetrault-grows-its-energy-team-unrivalled-
expertise
21
ASC similarly makes the same absurd assertions regarding the self-declared states of Biafra, Matebeleland,
Cabinda, and the former Transitional Somali Federal Government. Claiming they are all fabricated entities.
22
For example, see: ECOFIN, “Kilimanjaro Capital: The Canadian holding pulling strings of the Cameroonian
secessionist crisis?” June 24, 2018 retrieved from https://www.ecofinagency.com/finance/2406-38662-kilimanjaro-
capital-the-canadian-holding-pulling-strings-of-the-cameroonian-secessionist-crisis and Business in Cameroon, June
24, 2018, “Kilimanjaro Capital: The Canadian holding pulling strings of the Cameroonian secessionist crisis?

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Camerounian news campaign was particularly suspicious since the ASC made no mention of the
names of the actual assets or Ebenezer Akwanga. Nonetheless, details emerged in the
Cameroonian press that had been suppressed by the ASC. It is evident there was enmeshment
between the ASC and Camerounian government agencies. Respondent violated Article VII of the
Canadian Charter of Rights and Freedoms by attempting to induce Investors’ counsel to waive
their solicitor client privilege without their consent by filing allegations against them with US and
Canadian governmental agencies and falsely claiming they were the masterminds behind
Ambazonia, a patently absurd and ignorant allegation contradicted by publicly available records
of the federal government and numerous reliable reports from recognized news media, NGOs,
governments, and IGOs.
An Application was filed with Respondent ASC in March 2018 in which issues of solicitor client
process and due process in regard to Kilimanjaro Capital and Investors were raised. The ASC
Tribunal in July 2018 under Cotter brushed the matter aside by claiming it did not understand the
context of the application and found that no misconduct by ASC had occurred. During this
proceeding Respondent referred to Investors’ counsel as a “supposed attorneys” and refused to
take cognizance of US law governing attorney client privilege and the formation of attorney client
formation and refused to investigate the allegations of misconduct by its staff and failed to uphold
attorney or solicitor client privilege.
In November 2018 Respondent retaliated by filing an ethics complaint with the District of
Columbia Bar against Investors’ lawyer causing the DC Bar to open a disciplinary case against
Investors’ counsel. The DC Bar then demanded counsel answer the violations of the Alberta
Securities Act alleged which would have involved waiving Investors’ privilege. Counsel refused
to cooperate, and the complaint was dismissed.
It also has come to light that Respondent has withheld disclosure documents on grounds of
privilege but will not provide any details contrary to law to support that claim of privilege. The
documents withheld involve the Respondent’s dealing with United States and other regulatory
agencies. The Respondent has to date also refused to name the assets it claims are fictious which
are the basis of its allegations. Investors believe these assets include a Camerounian offshore oil
field worth billions of dollars currently occupied by Addax Petroleum which was also claimed by
Southern Cameroon Government, Kilimanjaro Capital and Forest Gate Energy in 2013.23 Addax
Petroleum was represented in 2013 by a Canadian law firm McCarthy Tetreault’s “energy team.”
A member of that “energy team” was ASC Vice Chair Tom Cotter of the Alberta Securities

https://www.businessincameroon.com/finance/2406-8140-kilimanjaro-capital-the-canadian-holding-pulling-strings-
of-the-cameroonian-secessionist-crisis; Oriental Review (Sputnik News), July 3, 2018, “Kilimanjaro Capital & The
Cameroonian Crisis,” https://orientalreview.org/2018/07/03/kilimanjaro-capital-the-cameroonian-crisis/; Actu
Cameroun, June 16, 2018, “Tout savoir sur Kilimanjaro Capital, la nébuleuse financière Canadienne associée aux
sécessionnistes camerounais,” https://actucameroun.com/2018/06/16/tout-savoir-sur-kilimanjaro-capital-la-
nebuleuse-financiere-canadienne-associee-aux-secessionnistes-camerounais/;
Cameroun Daily Journal, June 28, 2018, “Anglophone Crisis in Cameroon: Ambazonian’s funding source is
Canadian!” http://www.cameroondailyjournal.com/2018/06/28/anglophone-crisis-in-cameroonambazonians-
funding-source-is-canadian/
23
Declaration in Support of Kilimanjaro Capital, Government of Southern Cameroons, September 8, 2013,
https://www.thenigerianvoice.com/nvnews/123729/1/declaration-in-support-of-kilimanjaro-capital-ltd.html

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Commission who is also chairing the panel hearing the allegations against Investors and his clients.
The refusal to name the fictitious assets operated by Kilimanjaro Capital are a ploy by the ASC to
protect Cotter who has an obvious conflict of interest. Cotter has upheld the ASC’s refusal to
name the assets instead permitting ASC to state that any and all assets of Kilimanjaro capital were
false, fictitious, and a façade and that the details will emerge after the merits hearing commences
on November 12, 2019.
Respondent’s investigation was flawed and negligent. For example, Respondent relied solely on
an anonymous website rather than its own investigative resources to gather so called facts about
material aspects the alleged Securities Act violations and then represented to the SEC, other
regulatory agencies, and the public and news media that it had conducted a professional
independent investigation. As a result, Investors were attacked by the Camerounian press and
international media in France, the United States and Africa. Respondent having placed a statutory
gag order under Section 45 of the Alberta Securities Act on the case hindered Investors from
addressing their concerns to the press and publicly answering the false allegations.
IV. LEGAL BASIS FOR THE CLAIM

Pursuant to Articles IV, V, VI of the Agreement Between Canada and the Republic of Cameroon
for the Promotion and Protection of Investments, the Respondent has promised investors from
Cameroon that it will accord treatment no less favorable to them than it has accorded to any other
foreign investors, treatment equivalent to most favored nation treatment and treatment in
accordance with the customary international law minimum standard of treatment of aliens,
including fair and equitable treatment and full protection and security.
Pursuant to Article X of the Agreement Between Canada and the Republic of Cameroon for the
Promotion and Protection of Investments, the Respondent has promised not to expropriate a
covered investment either directly or indirectly through measures having an effect equivalent to
nationalization or expropriation (“expropriation”) except for a public purpose, in accordance with
due process of law, in a non-discriminatory manner and on payment of compensation.
Canadian officials possessed both the authority and the responsibility to ensure that they did not
overreach their regulatory authority by interfering in Camerounian politics through the use of sub
national regulators. The Canadian tribunal and agency, who were responsible for protecting the
investments of investors such as the Investors against overreach and abuse of process and racial
bias, acted with unconscionable negligence and/or manifest incompetence, causing millions of
dollars of losses to the Investors as a result of their politically motivated investigation, suppression
of exculpating evidence, attempts to violate solicitor client privilege, racially tinged allegations
that Ambazonia was the corrupt product of white men, neocolonial attitude, cooperation with
Camerounian authorities in a press campaign, and appearance of conflict of interest regarding
Addax Petroleum and Sinopec’s interests in Bakassi and the ASC Tribunal.
This shocking and egregious failure to execute the Respondent’s duty to provide protection and
security to foreign investors and their investments violates the customary international law
minimum standard of treatment of aliens.

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By repeatedly refusing to take reasonable steps to stop the Alberta Securities Commission’s abuse
of process or even to take the simple step of allowing the Courts to intervene, the Enforcement
Division of the ASC's Calgary Office acted in a manner inconsistent with the customary
international law minimum standard of treatment of aliens.
Such conduct is also manifestly inconsistent with autonomous standards of “fair and equitable
treatment” and “full protection and security” – such as those found in Article VI of the Agreement
Between Canada and the Republic of Cameroon for the Promotion and Protection of Investments,
see also Articles IV-VI of the dormant Canada-Nigeria Foreign Investment Promotion and
Protection Agreement and other Canadian bilateral and multilateral trade agreements such as
NAFTA and CUSMA.
The decisions taken by Respondent, who has been made aware of these abuses at the Ministerial
level by Dr. Akwanga who has written to Prime Minister Trudeau and has requested a Certificate
under Section 14 of the State Immunity Act from the Foreign Minister and counsel who have filed
related complaints to the Foreign Minister and a NAFTA Notice, to allow the continued abuse of
process by the Alberta Securities Commission, are also inconsistent with the Respondent’s
obligation to accord treatment no less favorable to investors from Cameroon than that which it was
prepared to accord to Canadian investors. At the very least, the sub national tribunal should be
halted until allegations of misconduct against its staff and conflict of interest by its panel involving
foreign powers are properly investigated by the Global Affairs Ministry.24
V. ISSUES

Did the Respondent’s jurisdictional and enforcement overreach, incompetent investigation and
political bias constitute a less favorable standard of treatment than it affords its own investors,
which the Respondent admits must require full protection and security under Article 4?
Did the Respondent’s jurisdictional and enforcement overreach, incompetent investigation and
political bias constitute a less favorable standard of treatment than it affords other favored nation
investors such as NAFTA investors, which the Respondent admits must require full protection and
security under Article 5?
Did the Respondent’s jurisdictional and enforcement overreach, incompetent investigation and
political bias constitute fail to be in accordance with the customary international law minimum
standard of treatment of aliens, which the Respondent admits must require full protection and
security under Article 6?
Did the Respondent’s politically motivated decision to suppress the Forest Gate Energy and Judson
evidence, public source information and to eschew any contact with aggrieved Investors herein in
favor of declaring Ambazonia, its leadership, people, and resources as false, fictitious and façade
created by white men, constitute an expropriation of Investors’ investments with Kilimanjaro
Capital Ltd. and Forest Gate Energy Inc. constitute an Expropriation under Article 10 herein?

24
Global Affairs has acknowledged the NAFTA Notice but not the communications by Akwanga and Patel nor has
the Prime Minister responded to Akwanga.

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Did the Respondent’s actions in total constitute an arbitrary measure, a discriminatory measure, or
an unreasonable measure, which impaired the establishment, use, enjoyment or disposition by the
Investors of their investments, contrary to various provisions of other BITs concluded by Canada
including NAFTA?
Has the Respondent otherwise accorded better treatment to investors from third countries, or to its
own investors, in respect of any of the means described above?
Was there unlawful collusion by the ASC staff with the governments of Cameroun or China and
was the appointment of Tom Cotter to chair the ASC Panel politically motivated/
Did the ASC staff intentionally suppress evidence, seek to violate solicitor client privileges of the
Investors, and refuse to name the impugned assets of Kilimanjaro for improper purposes?
VI. RELIEF SOUGHT, AND DAMAGES CLAIMED

The Investors will seek the following relief from an Arbitral Tribunal:
(a) A declaration that the Responding Party has violated its obligations under Article IV of this
Agreement (Agreement Between Canada and the Republic of Cameroon for the Promotion and
Protection of Investments);
(b) A declaration that the Responding Party has violated its obligations under Article V of this
Agreement;
(c) A declaration that the Responding Party has violated its obligations under Article VI of this
Agreement;
(d) An order that the Responding Party immediately pay to the Investors an award of monetary
damages of not less than CDN$25,000,000, as compensation for the losses caused by, or arising
out of Canada’s conduct, found to be inconsistent with its obligations under this Agreement and
for expropriation of Investors’ Investment under Article X of this Agreement;
(e) All of the damages incurred in seeking compensation for the Responding Party’s conduct,
including all of the costs incurred in proceeding with this arbitration, including all legal and other
professional fees and disbursements;
(f) Pre-award interest at a rate compounded semi-annually;
(g) Post-award interest at a rate compounded semi-annually; and
(h) Such further relief as counsel may advise and that a tribunal may deem appropriate including an
investigation of the actions and communications of the ASC Tribunal and Staff in this matter and
their connections to Addax Petroleum, Sinopec, the Republic of Cameroun, China, and Philemon
Yang;
(i) An Interim Order of Protection in the event the Responding Party takes prejudicial actions while
this matter is pending in order to preserve the rights of the Disputing Parties and to ensure that the

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Tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the
possession or control of a Disputing Party or to protect the Tribunal's jurisdiction.

16 June 2019

Legal Representatives for Investors :

Dr. Jonathan Levy, Attorney (US) jonlevy@hargray.com


Ashmit Patel, Esq., Attorney (US) pateeasq@gmail.com
Dr. Martin Tumasang, Barrister (Cameroon) tumasangm@hotmail.com

Served to:

Office of the Deputy Afforney General of Canada


284 Wellington Street
Offawa, Ontario
KIA OH8

Investment Trade Policy Division


111 Sussex Drive
Ottawa, Ontario
KIA OG2

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