English Version of OHADA Law:

Gov’t confounded by Anglophone lawyers’ determined stance

-Common Law lawyers say they are now contemplating the creation of a separate English Bar Association, after Yaounde authorities have remained blind, deaf and dumb to their plight. The lawyers have announced a crucial planning meeting in the days ahead in a yet to be disclosed venue

By Esan-Ekoninyam in Yaounde

Common Law lawyers are more determined than ever

As if to say: “you can fool some of the people some of the time; but you cannot fool all the people all the time”, Common Law lawyers in Cameroon have vowed that they will not allow themselves to be fooled by the Yaounde regime this, in spite of a promise by the Minister of Justice to produce the translated version of the OHADA Uniform Act.

                Cameroon lawyers of English expression say even if Laurent Esso’s promise might have been made in good faith such a pledge from the New Deal regime is too good to be trusted. The lawyers say cognizant of the Biya regime’s penchant for fine talk and its unbeaten record of failed promises, they cannot take seriously any hasty commitment by the regime.

                Besides the striking lawyers say any translation of the OHADA law done unilaterally by Cameroon will not be authentic. They argue that because Cameroon only adhered to the OHADA treaty she cannot on her own translate the law. Only the English version translated by the OHADA secretariat can be authentic. 

                Thus in what can be interpreted as calling the regime’s bluff, the English Speaking lawyers who embarked on a sit-down strike two weeks ago, have resolved to prolong the strike indefinitely. The lawyers arrived at this decision after leaders of the different branches of lawyers’ Associations in West Cameroon notably FAKLA, MELA, MALA and NOWELA, met last Thursday with the Procureur-General (PG), of the South West Court of Appeal. The PG reportedly convened the leaders of the strike to talk with them in view of understanding what their grievances were so as to channel same to the authorities in Yaounde.

                The lawyers announced the indefinite prolongation of their strike just when a first extension by one week was about to elapse. And announcing the prolongation coming out of a meeting with the PG it was not immediately known if the decision was informed by the PG’s pronouncements during the in camera meeting.

                But talking on phone to this reporter, the President of FAKLA (Fako Lawyers Association), Barrister Felix NkonghoAgborBalla, denied the strike extension had anything to do with the meeting with the PG.

                “Oh! No, no, the meeting with the PG has nothing to do with our decision to prolong the strike indefinitely. The PG invited us for a normal meeting to discuss with us and know what the problem really is. We presented to him our recriminations and our demands. The PG has promised to take the matter to his hierarchy,’ Barrister AgborBalla explained, stating that the strike prolongation was informed rather by the snobbish attitude of the government, that has resorted to proposing palliative measures instead of a lasting solution, while at the same time trying to create division among the Common Law lawyers.

                “Without belittling the inconveniences our adamant stance might have visited on our clients, we crave the indulgence of all Cameroonians to understand and bear with us because the cause we are fighting is not only just, it is also constitutional,” posited AgborBalla, who maintained that “there is going to be no turning back by the lawyers and that the strike will continue in so long as the government thinks it can continue to be blind, deaf and dumb to our collective plight as well as our demands.

                About rumours that are making the rounds about English Speaking lawyers quitting the Cameroon Bar Association to form the West Cameroon Bar Association, Barrister Balla said that that is not immediately contemplated, even if it is not impossible.

                “It is true that some extreme rightists among us are already evoking the creation of a separate Bar Association for Common Law lawyers. But that can only be the option zero. And you may want to know that those who are advocating a split of the Bar are fast gaining grounds especially as the authorities in Yaounde are pretending and behaving as if nothing serious is happening,” Barrister AgborBalla pointed out, observing that the Common Law hardliners are sparing no effort and missing no opportunity to drive home the point that the creation of a separate West Cameroon Bar is the only way out for English speaking lawyers in Cameroon.

                With the success the lawyers’ strike has registered and given the toll it is imposing on their numerous clients West of the River Mungo, it is feared that things may spiral and infest other sectors of society- teachers, nurses, traditional rulers, bankers, accountants and even the general public why not! And this is a possibility given that the lawyers have addressed a clarion call to Anglophone Teachers’ Associations, Fons, Chiefs etc. to support their cause and join in the strike.

                Meanwhile, a crucial meeting of English Speaking Lawyers has been billed for the days ahead to evaluate the strike and take tougher measures that can compel the government to act. The conveners of the strategic meeting have not announced the date and venue of the meeting.      

                The Common Law Lawyers first embarked on a four-day strike from 11 to 14 October 2016. They later extended the strike by one week, after they realized that the government was pretending to be indifferent to the industrial action. 

                The strike has exposed serious cracks in the Cameroon Bar Association.

Nico Halle apologizes

                Meanwhile, the President of the Bar General Assembly, Barrister Nico Halle has issued a release disclaiming an earlier communiqué by his South West representative, Barrister Sichui John Kameni, which stated that “the Bar Association dissociates itself from the strike action of Common Law lawyers”. Nico Halle says Barrister Kameni subverted the communiqué that he asked him to put out.

                Barrister Nico Halle has apologized to his Common Law colleagues for any misunderstandings and inconveniences that arose from the quarreled communiqué.

By press time yesterday, all our efforts to get Barrister Kameni to talk on the issue were futile. 

Genesis of the crisis

                In a letter addressed to the Presidency of the Republic signed by Barristers Nkongho Felix Agbor president of Fako Lawyers Association, FAKLA, Harmony Bobga-Mbuton President of North West lawyers Association, NOWELA, Awuta Philip Atubah President of Meme Lawyers Association and NkonghoSopsehEmilien President of Manyu Lawyers Association, the lawyers denounced negligence by the government on numerous complaints of the erosion of Common Law in Cameroon as evidenced in the ratification of OHADA Law.

                They called on President Paul Biya to create an Ad Hoc Commission to respond to the Bamenda Resolutions of 9th May, 2015 and the Buea Declaration of 13 February 2016 regarding the erosion of the Common Law in Cameroon.

                The Common Law Lawyers have also demanded the Head of State to hold an emergency session of the Higher Judicial Council and re-deploy ALL CIVIL LAW MAGISTRATES from the two Common Law jurisdictions of North West and South West and in the same vein re-deploy ALL Common Law Magistrates from the Civil Law Jurisdiction to the two Common Law Jurisdictions of North West and South West regions.

New PGA’s Rep. for NW

                While the Common Law lawyers strike was still going on, the General Assembly of the Cameroon Bar Association, in a circular signed by Barrister John KameniSichui, on behalf of the President of the General Assembly, Ntumfor Barrister Nico Halle, appealed to lawyers to ignore the strike action and resume court business.

                This prompted the President of the Northwest Lawyers Association, Barrister Bobga Harmony in a letter dated October 11, 2016 addressed to Ntumfor Barrister Nico Halle to resign as Northwest Regional Representative of the President of the Cameroon Bar Association.

                “I have just received the release by your representative of Fako Division, Barrister John Kameni of Buea who today issued a communiqué to the effect that the General Assembly of the Cameroon Bar Association distances itself from the ongoing strike action of Common Law Lawyers following government’s snub of their complaints since May 9, 2015, followed by several reminders.” He noted.

                “In the above circumstances, I am no longer comfortable to continue to represent a body that works against the interest of lawyers… Should you retract the communiqué that has prompted my resignation and commit to immediately respond officially to the complaints of the Common Lawyers, I will be disposed to opening up for dialogue without resuming the office from which I have just resigned.” He concluded.

                However, on 13 October 2016, Nico Halle acknowledged Bobga Harmony’s resignation and went ahead to appoint Ngek John Ngala to replace him as NW Representative of the President of the General Assembly.

                Also reacting to Bobga’s communiqué, Ntumfor said he “did not say the Bar Association distances itself from the actions of Common Law lawyers.

                “If there is anybody who champions the Anglophone course in this country, it is Nico Halle,” he argued.