Tuesday, 12 July 2016

"Release Marafa, Mebara"




- Ayah Paul, Supreme Court Judge
Ayah Paul
In keeping with the constitutional provisions of Popular Action Party (formerly People’s Action Party) – PAP – the PAP Secretary General, Akoson A. Raymond and the National Secretray for Organisation Mr. Njang Denis on Saturday July 9, 2016 installed into their respective functions, 15 members of PAP Yaoundé 5 executive bureau. Akoson, in a keynote address impressed upon the new executive members the seriousness of their undertaking and challenged them to seize the Yaoundé V Council from the CPDM in the next municipal election.
                A teacher by profession, Mr. Eneli ESSAGA – former Secretary for Communication, CPDM Lekie North who had resigned from CPDM and joined PAP two years ago - is now the president of PAP Yaoundé V. In his speech to PAP Yaoundé V executives, he vowed to reveal all CPDM election rigging secrets and help PAP grab the Yaoundé V council at the next municipal election. ESSAGA will be assisted by Mrs. Waji Mercy who resigned from the SDF.
                The occasion was graced with the presence of the PAP President, AYAH Paul Abine.
                After the oath taking ritual that completed the installation event, the press exploited the opportunity to get AYAH’s stance on certain burning national issues namely his reaction on:
                - The presidential clemency granting the Franco-CamerounianEyoum freedom from jail;
                - The Declaration by The United Nations Working Group on Arbitrary Detention of MarafaHamidouYaya;
                - The immunity of ministers, homosexuality in Cameroon, tenant-landlord relationship – all contained in the recently revised Penal Code of Cameroon;
                The press equally grilled the Supreme Court Attorney General amongst other issues the reason for party’s name change, whether his appointment to the Supreme Court was not compromise, if he’d changed his position on the Southern Cameroons.
                1. On Presidential Pardon for LydienneEyoum
                Justice AYAH chided president Biya for heeding to pressure from the French president. He wondered aloud whether Cameroon was still a dependent state. AYAH said Cameroon has ratified international instruments providing for automatic submission to court orders, and for equal protection of the law.
                He blames Biya for defying international court's ancillary order to dialogue with southern Cameroonians. And for ignoring the order of an international tribunal that AtanganaMebara should be released and paid 400 million francs for false imprisonment.
                “…Which international instrument makes the case of the lawyer prisoner a matter sui generis? The muddle of a model judicial system?...” The lord Justice questioned.
                2. Quizzed by a prying journalist if he would release Marafa given that the United Nations Working Group on Arbitrary Detention has requested for his release, AYAH said if he had the opportunity to, he would release those he termed ‘political prisoners’ upon having studied their files on a case by case basis. The Advocate General of the Supreme Court lamented that files on criminal prosecution are not sent to his desk for his legal opinion. So far, he’s been working only on civil cases.

                AYAH Paul insisted that the bill that was sent to parliament had no immunity for ministers. He took time off to explain the spirit behind and the historical origin of section 127 of the Penal Code. Hear him; “Southern Cameroons (and de facto West Cameroon) were a parliamentary democracy. As part of the de facto federation of 1961 (West Cameroon and the Republic of Cameroun), "West Cameroon" had a government comprising ministers (called "secretaries of state") that were primarily members of parliament. In other words, a person could not be appointed minister ("secretary of state") until he has been elected a member of parliament.
                Upon election as a member of parliament, the person automatically acquired immunity. That immunity he continued to enjoy the fact that he was subsequently appointed minister notwithstanding. That surely was the spirit of Section 127 of the penal code when it was enacted in 1967.”
                3. AYAH lamented that other issues that mostly concerned the common man on the streets were not sufficiently debated namely the sections on homosexuality and that of tenant-landlord relationship. In his opinion, Biya’s new Penal Code legalizes homosexuality in Cameroon as the 20,000 frs fine does not constitute a serious sanction. He regretted that by dint of the passing of that bill to law, most Cameroonian students are potential prisoners.
                4. On whether he’d not compromised by accepting the post of dept. Attorney General of the Supreme Court, AYAH Paul Abine took the pains to explain that there are three arms of government and that he would never do the bidding of president Biya to the detriment of justice.

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