CHAPTER ONE

GENERAL INTRODUCTION

1.0 Introduction

Before the establishment of the Special Criminal Court (SCC) in Cameroon, embezzlement cases were handled and sentenced through the regular criminal justice system. This involved the investigation and prosecution of cases by the police and other law enforcement agencies, followed by trials in the regular courts.

However, the regular criminal justice system was often criticized for its inefficiencies and corrupt practices, which undermined its ability to effectively prosecute embezzlement cases. In response to these challenges, the government of Cameroon established the Special criminal court in 2011 as revised in 2012 to exclusively handle cases of embezzlement and other corruption-related offenses.

The Special criminal court is a specialized court with a mandate to investigate and prosecute cases of embezzlement and other corruption-related offenses committed by government officials and other public figures. The establishment of the Special criminal court was seen as a significant step towards addressing the challenges of corruption and embezzlement of public funds in Cameroon and promoting transparency and accountability in the country.

In addition to the Special criminal court, several statutes and codes are in place to combat embezzlement of public funds in Cameroon, including the Penal Code, the Law on the Prevention and Suppression of Money Laundering and Terrorist Financing, the Law on Public Contracts, and the Law on the Fight Against Corruption in Cameroon.

Notable cases, such as the Albatros Affair, the Mida Tea Company Scandal, and the National Hydrocarbons Corporation Scandal, have been prosecuted by the Special criminal court, highlighting the importance of continued efforts to combat embezzlement of public funds in Cameroon.

In conclusion, the fight against embezzlement of public funds in Cameroon requires a comprehensive and sustained effort from all stakeholders. It will require a commitment to promoting transparency and accountability, strengthening institutions, and addressing the root causes of corruption. The Special criminal court has an important role to play in this fight, but it will require the support and cooperation of all stakeholders to effectively carry out its mandate.

  1.1. BACKGROUND TO THE STUDY

In an attempt to clamp down on widespread misappropriation of public funds in the public service in Cameroon, the Special Criminal Court (SCC) was created in 2011 by law No 2011/028 of 14 December 2011[1], with jurisdiction to entertain misappropriation of public funds cases where the amount in question was equal to or higher than fifty million francs CFA. However, before the creation of the Special Criminal Court of Cameroon, the jurisdiction to try the offence of misappropriation of public funds was vested in the court of First Instance and the High Court as stated in section 184 of the Penal Code. The Special Criminal Court was created to try special criminals (offenders of misappropriations of public property and related offences where the value of the loss is at least fifty million francs CFA as provided for by the 2011 law, Penal Code, and International Conventions ratified by Cameroon. There is thus only one court in the whole of the Republic of Cameroon. With its seat in Yaoundé, the political capital of Cameroon. The SCC exercises exclusive jurisdiction over a specific class of offences committed across the national territory. [2] In consequence, several arrests, prosecutions, and convictions have taken place since this court wentinto operation. The primary objectives for the criminalization of the misappropriation of public funds include the protection of state property and upholding, promoting accountability, and ensuring the integrity of those who occupy public office and conduct the business of the State. The creation of the Special Criminal Court has seen the prosecution, and conviction of high-profile personalities of the state and the restitution of some misappropriated funds. In presenting a bulletin of the SCC in 2014 at the National Assembly, the Justice Minister indicated that XAF 2.401.235.610 has been duly paid into the state treasury. This amount represents the reimbursement of corpus delicti by some defendants who applied for discontinuance of proceedings. He stated that sixteen persons had benefitted from this measure as of that date, including the former Minister in charge of Basic Education, Haman Adama[3]. More recent convictions of this court include the fifteen years imprisonment sentence of Dayas Mounoume, former Director-General of the Douala Port Authority, Arsene Essomba the former Deputy Director, and Abel Maguieb Agbor, ex Administrative and Financial Director of the Port for embezzlement of 458 million francs CFA[4]. In October 2015, the former Director-General of Cameroon’s Airports (Aeroports du Cameroun, ADC) was given a 30-year imprisonment sentence by the Special Criminal Court for mismanaging the sum of one billion, six hundred and forty-two million XAF.

Those tried in this court have either been acquitted after being found not guilty of the charge or because they restituted the property or money, or sent to prison when found guilty. The research work will therefore critically examine the effectiveness of the special criminal court of Cameroon in the administration of justice, looking at the legal framework of the court, the organization of the court, what makes the court special from other ordinary courts, and a host of decided cases by the court, to be able to ascertain whether the functioning of the court as per the law and thus be able to establish the effectiveness of the Special Criminal Court in the prosecution of the crime of misappropriation of public funds, theorizing as to whether the said court, in its judgments can bring to an end or stop the said crime in its tracks and at least ensure its reduction. This article then sets out to access the Special Criminal Court’s mandate and efficacy as stated in law no 2011/28 of 14 December 2011 and other related regulations of the court. It further looks at the challenges face in curbing the misappropriation of public funds in Cameroon, while suggesting solutions to the challenges  

1.2. STATEMENT OF THE PROBLEM

The embezzlement of public funds has been a major challenge in Cameroon, leading to an enormous loss of resources that could have been used for the development of the country. The government has established the Special Criminal Court to address the issue of embezzlement of public funds. However, the effectiveness of this court in addressing the problem remains unclear. Therefore, the problem statement is: What is the role of the Special Criminal Court in the fight against embezzlement of public funds in Cameroon and to what extent has it been effective in addressing the problem?

1.3. RESEARCH QUESTIONS

They are two types of research question which will be seen below

1.3.1. Main research question

–  How effective is the special criminal court in the fight against the embezzlement of public funds in Cameroon?

1.3.2 Specific research question

-What is the raison d’etre of the special criminal court in Cameroon?

-What is the procedure for the prosecution of offences of embezzlement of public funds?

-Are there any challenges encountered by the special criminal court in the prosecution of offences of the embezzlement of public funds in Cameroon

-What policy recommendation can be proposed for the forward?

1.4. OBJECTIVES OF THE RESEARCH

The research has both general and specific objectives

1.4.1. main objectives of the research

– To examine the effectiveness of the special criminal court in the fight against the embezzlement of public funds in Cameroon

1.4.2. specific objectives of the research

As specific objectives, the research sets out to:

-Examine the raison d’etre for the creation of the special criminal court in Cameroon

-Assess the procedure for the prosecution of offences of embezzlement of public funds in Cameroon

-Identify the challenges encountered by the special criminal court in Cameroon

-What policy recommendation for the way forward.