- 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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