Can the Camerounese Supreme Court do
justice to Cameroonians?
By Ayah Paul Abine, Advocate-General,
Supreme Court
Ayah Paul Abine |
It is notoriously repetitive, but we still
wish, for emphasis, to begin by recurring to the conspicuous fact that there
are two juxtaposed legal systems in Cameroun/Cameroon: the Common Law and the
Civil Law. The third arm is the crude gloss over the two systems christened “national
laws” by misnomer.
“By
misnomer” because, in reality, both the national substantive and adjective laws
in the domain under consideration are but a nefarious pigmentation of the
French Civil Law singular lotion…
The
law on the structure and functioning of the Supreme Court is no exception to
the general rule. It admits of no contention that it is “national” only insofar
as it is relative to jurisdiction ratione loci. But it is beyond doubt that it
is the ramification and by-product of the Civil Law system, fastidiously
hostile to any influence from the Common Law system.
It
is no boldness to assert that the law in question is the regurgitation of
undigested garbage from the French civil code and civil procedure code,
inspired by alien culture not altogether inimical to sane judgment, equity and
good conscience.
That
global assertion is exemplified by the fact that the six top positions of that
court from the President and the Attorney General through the heads of
Divisions are all occupied by Camerounese to the total exclusion of
Cameroonians. One may assert with little fear of error that, of the over fifty
Camerounese judges, hardly 10% can honestly affirm that they have as much as
heard about the rules of court which are like the Bible in adjective civil law
in the Common Law system…
Clearly,
a judgment written on the basis of those rules cannot ever be fairly determined
on appeal on the foundation of a different set of rules; let alone where, in
the one system, Equity has rendered the rules flexible; while elsewhere the
technicalities are akin to “forms of actions” that occasioned untold hardships
and injustices that were the hallmark of “forms of actions” centuries ago in
Common Law.
Again
would it be noted that the language of the court is essentially alien to the
Cameroonian. Justice should not only be done. The litigant must be satisfied
that there has been fairness in the process and in the proceeding. It is
immaterial that the litigant is represented by counsel who understands what is
going on.
Ultimately,
it is the litigant’s cause and not that of the counsel. And nature allows
no-one to hear for the other. Indisputably, the core truth is ever watered down
in reported speech!
It
would be submitted, therefore, that, the Supreme Court having final
jurisdiction, it would be salutary to create a Division of that court to do
justice to Cameroonians. We see in my minds’ eyes someone arguing the case for
harmonization. But it makes no difference when harmonization means simply
borrowing from the French codes for complacent “enactment”, and domineering
application in tantalizing French.
Therefore
do we persist in holding that the Supreme Court as it is now cannot do justice
to Cameroonians in civil matters. We do challenge whosoever to prove the contrary
to us.
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