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In
this briefing paper, it is intended to present the contemptuous removal of
common law legislation, common law courts, judicial customs and traditions,
common law curriculum, and the ultimate lowering of the integrity of justice
for a people who were destined to attain the highest possible internationally
acceptable standard of justice and legally supported democracy on the African
continent as of date.
The
absence of a judicial system that would have assured the security of the
cultural and political identity of Southern (West) Cameroonians will be
highlighted as the misfortune that has facilitated the making of the Lesser
Africans of Southern Cameroonians in their land now occupied by “La Republique
du Cameroun”.
The
problematic of the unconstitutionality, illegality and gross violation of
the cultural and political rights of the Peoples of Southern Cameroons
shall then in a civilized style be presented to the government of “La
Republique du Cameroun” represented by its President, Mr. Paul Biya, who amongst
others, cumulatively heads the executive arm and the Judiciary of his country’s
government, just as he exercises directive influence on the legislature of that
country, for a peaceful reversal or correction of the cultural and political
ills, particularly the destruction of the common law and its justice system so
dear to Southern Cameroonians.
2.
Background
Facts:
i.
The British Southern Cameroons which
is the historical common jurisdiction in today’s Cameroon was denied the
rightful option of accession to unconditional independent Statehood through
subjection to the infamous “Two Alternatives” paths to accession to
independence by joining either, the already independent Nigeria (since 1st October
1960) or independent La Republique du Cameroun (since 1st January 1960).
These manipulations had come into play because the British government had
failed in its bid to absorb Southern Cameroons that it had held in trust for
the United Nations, into its larger former colony and post independent sphere
of influence, the Federal Republic of Nigeria.
Curiously, the primary beneficiary of a vote against British
interest to absorb Southern Cameroons into its Nigerian Sphere of influence,
i.e. “La Republique du Cameroun”, accompanied by her colonial master –“La
Republique Française”, along with her nominally “freed into independence”
African colonies turn neo-colonial spheres of influence, excepting the Republic
of Mali, voted against Southern Cameroons’ accession to independence by joining
“La Republique du Cameroun”. See in this respect the Vote Tally of the United
Nation on the subject attached hereto and marked Attachment “I”.
ii.
Immediately following the accession
to independence with British contemptuous advice in conspiracy with “La
Republique Française”, the baby African nation –“La Republique du Cameroun” was
employed as a tool for neo-colonial compromise of the newly independent sister
African State –The State of Southern Cameroons’ to compromise the latter’s
independence.
The first act of manipulation and compromise were the so
called “Foumban Talks”, occasionally misnamed Foumban Constitutional
Conference. It is worth noting that no constitutional debate(s) or pretentions
of a constituent Assembly for the purpose of creating a new nation out of
British Southern Cameroon and “La Republic du Cameroun” ever took place. The
outcome of the now glorified nonevent of a Foumban Safari and the mischievous
and grossly unconstitutional manipulations, and thus illegal extension of the
applicability of the independence Constitution of “La Republique du Cameroun”
over the territory of the Southern Cameroons, thereby setting aside the
Southern Cameroons “Constitution Order in Council”, which like a constitutional
act of theft robbed Southern Cameroons of her Fundamental law and the legal
foundation of that State. See in this respect the independence Constitution of
“La Republique du Cameroun” bearing slight amendments to extend its operation
into Southern Cameroons territory and the Southern Cameroons “Constitution
Order in Council”, both of which are attached hereto and marked Attachments
“II” and “III”.
iii.
The dissolution of the West Cameroon
House of Assembly (Legislature) and the nullification of its government
(Executive Arm of Government), did not only follow the destruction of the Southern/West
Cameroon constitutional substratum, but robbed Southern/West Cameroonians of
the opportunity and machinery for continual review, renewal and adaptation of
its laws through Law reform. See in these respects the Neo-colonial Master’s
illegal acts that decapitated the referred arms of West Cameroon government in
a progressive execution of the conspired agenda to annihilate Southern
Cameroons (West Cameroon) attached hereto and marked Attachments “IV” and “V”.
iv.
The Judiciary and the common law
cultural sources of law and the system for its administration could be
described as the most delicate venture in the destruction of the key elements
of Southern Cameroons cultural and socio-political identity. This explains why
the process of wiping off common law of the Southern Cameroons State has been
slow and nearly imperceptible as if the entire peoples of Southern Cameroons
have been given some socio-political anesthesia that it is with the reaction of
Lawyers over issues like introduction of French or “Francophone”-type Notaries
into the Common Law Jurisdiction(s) of “La Republique du Cameroun’s” i.e.
-South West, and North West Regions; the fictive harmonization by exclusion of
Southern Cameroons or West Cameroon statutes and other sources of laws such as,
criminal laws, criminal procedure Ordinance, contract and commercial laws,
Banking Laws, Insurance Laws, Land Legislation, and more; that the cognizance
of the fact that the security of Common Law and its system of Administration
has been compromised almost to the point of complete annihilation.
v.
The awakening of the Southern
Cameroonians to the urgent and imperative need to stand up against such
flagrant mischief and its accompanying injustices is one that to be delayed any
further will impute suicide on the part of Common Law Lawyers who are best
placed to know and understand the evil that the acts and continuing plans
against the common law, constitute for all the peoples within the territorial
jurisdiction wherein this brand of law has historically existed and been used
with proven standing as opposed to the civil law that is attuned to lower
levels of judicial performance and integrity.
The foregoing backdrop evidences a silent but corrosively
active underlying policy of legal development and law and development in what
passes for The Republic of Cameroon, that whether it be integration or
harmonization or uniformization of laws, what the powers that be intend and
have actually been achieving is a new construct of the expression
“harmonization” which in the specific context equates unconditionally with
uncritical replacement of common law statutes, precedents, customs and
Traditions and indeed every conceivable value of the “common law” system with
civil law tradition without due regard to the comparative potential of the
respective systems to generate higher levels of performance and integrity of
justice.
The above backdrop raises issues of grave and urgent
concerns to the primary loosers of what can readily be characterized as a
negative Law formation Policy in Cameroon whose objectives and results so far,
have culminated in the ridicule of the Common Law System without its
replacement with anything better.
Such negative discriminatory policy of law formation, review
and reform is exactly what has prompted the rejection by Common Law Lawyers of
Cameroon government’s law formation policy, procedures and resultant disconnect
of much of its laws from reality. The said rejection underpins the call to
recognition that the Common Law System has become an endangered species of law
in Cameroon requiring the following urgent actions:-.
That the above-described endangered species of law is in
dire need of protective restoration and securization
That as one of the most critical identity elements of
Cameroon Common Law Lawyers’ cultural heritage, and as such it behooves on
these Lawyers assume the duty they owe to history, the present, and the future,
to stand up as one person and give the limbless common law the protection it
deserves so it may continue to serve those that are accustomed to it and even
those who genuinely recognize its superiority in regard to judicial performance
and integrity.
3.
Issues for
Consideration/Debate/Analysis:
The inexhaustive list of concerns placed hereinbefore raises
critical and urgent issues for debate within the Cameroonian context. It is not
simply hoped but surely, the outcome of the debate of these issues would be
sharpened and highlighted hereunder. This exercise which will be accompanied by
critical analysis of the several issues, will include but will not necessarily
be limited to the following:
a.
Whether or
not the legality of post-independence legislation whose application is extended
to the common law jurisdiction is not questionable?
·
History of the “constitution of Cameroon
and Cameroon Constitutions”
The creation of the state commonly referred to today, simply
as Republic of Cameroon, following the 1984 “amendment” of the constitution,
dates back to the accession to independence from the colonial dispensation
referred to as the United Nations Trusteeship over two territorial entities
formerly referred to as “La République du Cameroun” and what was called
Southern Cameroons and later came to be known as “West Cameroon”.
In effect these two territories were carved out of what
constituted an emergent German sphere of colonial influence as at the close of
the First World War I, and placed under a British and French Mandate System of
the League of Nation. This arrangement was maintained after the Second World
War, but this time under a Trusteeship Agreement between the United Nations
Organization, and Britain and France respectively, on the other hand.
The unequivocal intent and objective of the Two Trusteeship
Agreements between the United Nations Organization and initially the British
Cameroons on the one hand, and the French La République” on the other hand, was
to nurture these clearly identified territories into independent statehood.
Another factor that needs to be taken cognition of is that the Trusteeship
Agreements gave the Trustee-Nations some latitude in the execution of the task
of administration of each of the Trust Territory. This policy foundation-cum-
term of Trusteeship eventually justified the separation of the British
Cameroons Trust Territory of Northern Cameroons and Southern Cameroons.
b.
Whether or
not there is justification for progressive and sustained assimilation of the
Sources of Laws of the Common Law System in Cameroon?
·
The Constitutionality of post -1972
Legislations on Substantive laws, Practice and Procedure.
It is trite knowledge and law that the foundation and thus
the legality of laws within a nation derive from the national Constitution or
fundamental law of that land. In the case of Cameroun there has been an
unending debate as to the legality of its post 1972 national constitution and
its subsequent versions particularly that which emerged after the 1984
amendment which finally removed all indices of the hitherto political construct
that Cameroon was constituted from two separate Nations into first a Federal
State followed by a Unitary.
The emergence in 1996 of a blank national Constitution in
Cameroon devoid of any further history or law as to federalism or unitarism
essentially sought to map out a stable constitutional platform for annihilation
of one brand of law, the common law, in favour of the civil law that “La
République du Cameroun” inherited from France on January 1, 1960 upon accession
to independence. In effect, the new constitutional dispensation speaks loudly
to the rejection of the common law that the British Southern Cameroon brought
and lived with into the Federated Nation “claimed to have been born out of the
union of two States” up to 1972.
It is the humble considered opinion of this writer that the
constitution of Cameroon as it is today is the result of political manipulation
absent a constitutional foundation therefor. There existed for each of the two
states that are now said to have come into a union after their respective
accessions to independence, a national Constitution to wit The Constitution of
“La République du Cameroun of 1960; and the Southern Cameroons Constitution
Order in Council that was the fundamental Law of the pre-independence and post
independence self governments of Southern Cameroons and thereafter West
Cameroon up to 1972. With a full internal government right up to the Federal
Republic of Cameroon, the Statutes, Precedents, Customs and Traditions of the
Common law culture were anchored on the Constitutional Order-in-Council. With a
Southern Cameroons and thereafter West Cameroon Legislature enjoyed a steady
adaptive growth until this growth was truncated by the 1972 constitutional coup
d’Etat that began the annihilation of the Common Law.
The infamous 1972 constitutional act destroyed the Legislature
that hitherto was assuring the continuing development of the common law in
Cameroon. The executive arm of the Government of West Cameroon was the next
victim of constitutional amputation. The judiciary with its limited but surely
important common law making power through precedent was adjudged sensitive and
therefore has been engineered into slow death even though at this time of
writing the body of common law is still comatose and not yet totally dead,
given that it benefits from a life support machine which is the brains and
minds of common law Lawyers of Cameroon who are ready to jolt the dying specie
of law back into life.
After removal of the constitutional foundation of the common
law as described in the immediately preceding paragraphs, the government of the
reinstated immediate post independent “La République du Cameroun”, adopted a
blindfolding policy of placing temporary saving provisions in every civil law
type piece of legislation for the common law but which progressively and
assuredly are regularly being dropped in favour of the puritization of laws in
Cameroon with none other than civil law legislation whether brought in directly
by a rubber-stamping Camerounese legislature or through partnership with the
international conspirators against the survival of common law in Cameroon.
The above dismal predicament of the Common Law in Cameroon
calls for urgent remedial action. It is therefore recommended that the
government should urgently review its law and policy towards the common law by
revisiting not just the constitution of the nation but more importantly the
national Constitution as the only assured foundation that its two peoples could
be kept together within a legal continuum.
c.
Whether or
not there exist any reason for the abrogation of Common Law Inspired Rules of
Procedure and Evidence within the “Cameroon Legal System”, other than contempt
of those rules.
Some of the key distinguishing elements of the common law
system from its civil law counterpart particularly in Cameroon are the rules of
procedure and rules of evidence that respectively canalize and lubricate the
application of substantive law with radar-like guidance towards attainment of
the highest possible levels of judicial performance and integrity of justice.
The strictures of Common Law Rules of Procedure, from modes
and forms of commencement of actions through to judgments at final appeals
guarantee relatively higher security of judicial transparency and
accountability. It goes the same for the type of rules of evidence obtainable
in the common law system which in calibrated details assures not just sieving
of truth from parties’ (litigants’) testimonies, but effective titration of
hard opposing masses of facts to obtain sublime truth upon which sustainable
decisions of the courts and tribunals may safely be anchored.
For close to 15 years as of date, we the Common Law lawyers
have not simply lived but have been subjugated to an accelerated engineered
depletion of common law rules of procedure and evidence through near imperceptible
abrogation of our statutory rules of procedure and evidence with sanctification
of such legislative sins with Supreme Court of Cameroon’s decision which
completely ignore those rules.
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