CHAPTER ONE

GENERAL INTRODUCTION

  This chapter of the work seeks to introduce a background to the study, unveiling the statement of the problem, bringing out the research questions as well as its objectives. It further examines the use of a specific research method and methodology, giving a clear justification and significance of the study. Also, the chapter explores the scope of the study, be it thematic or geographical, defining key terms used in the work, and finally, reveals the synopsis of the chapters ahead.

1.1 BACKGROUND OF THE STUDY

The criminal justice system is a frame work of institutions, processes and practices established by societies to maintain law and order, uphold justice, and protect the rights of citizens. The criminal justice system is designed to investigate crimes, prosecute offenders, and ensure fairness in trials. While the principles of criminal justice such as Justice, Fairness, Equity, and the rule of law may be universal, its implementation varies, based on some political, legal and cultural differences.

Despite these differences, all criminal justice systems are plagued with common challenges. To wit; corruption, uneasy access to justice, discrimination, amongst others. However, international organizations such as the United Nations Organization (UNO) are making efforts for reforms that adapt to modern societal demands and the promotion of justice globally.[1]

 In Cameroon, the criminal justice system is placed under the supervisory authority of the ministry of Justice.  It has created courts of First instance at sub divisional levels, High Court at the divisions, Court of Appeal at the Regional Level and at the Apex, we have the Supreme Court. These structures have been put in place to ensure the proper administration of Justice all over the Cameroonian territory. This ministry has equally put in play administrators of Justice such as State counsel, judges, attorney Generals, justices and even judicial police officers at all levels to actively participate in the administration of Justice in the country. These officials of Justice undergo training in the national school of Administration and Magistracy (ENAM). After their training session, qualified candidates, under the approval of the ministry of Justice, the higher judicial council are then appointed, transferred and integrated by the president of the Republic.

However, the entire above mentioned are only public prosecutors and form only part of those participating in administration of Justice in Cameroon. Lawyers, Barrister, solicitors and advocates constitute the private bar. They also undergo trainings at private law Chambers after being successful in the bar exams organized by the Cameroon bar counsel under the strict supervision of the ministry of Justice. These private bar counsel also constitute the administrators of Justice in Cameroon as they defend the interest of their clients in court.[2]

The courts under the Justice system consist of two main departments, that is the bench and the legal department, leaded by magistrates also termed state counsel and judges. In a hierarchical order, the Court of first instance and the high court are headed by the state counsel, at the court of appeal is found the Attorney Generals’ (PG) office and finally head by the Attorney general of the Supreme Court. All of them are under the control and supervision of the Minister of Justice and keeper of seals in Cameroon. Technically, this work is focused on examining the role of the state counsel in the administration of Justice in Cameroon. The State counsel, also known as director of public prosecution in other jurisdiction, plays a vital role in administering justice in Cameroon, especially when it comes to criminal matters. They fundamentally play the roles of investigation and prosecution. When a crime is committed, the state counsel had the obligation to investigate the matter, making use of the judicial police officers, who are his auxiliaries. Section 116 of the criminal procedure code hearing after referred as CPC, provides that, The judicial police officers and agents shall carryout investigation either on their own initiative or on the instructions of the state counsel[3]

On the aspect of prosecution, the state council represents the state in all criminal trials, he assist the court in the administration of Justice and ensures that the decisions of the court is rightfully implement on the convict. This shows that the role of the state counsel is indispensable in the administration of criminal Justice in Cameroon.

1.2 STATEMENT OF PROBLEM

The administration of criminal justice in Cameroon heavily depends on the state counsel who plays a vital role in the investigation of crimes and prosecution of offenders to ensure a due compliance with the procedure laid down by law. In performing this activity, the state counsel faces major challenges such as; limited resources, procedural delays, corruption, and inadequate legal frame works which to a large extent hinder his effectiveness in fulfilling his responsibilities. This work therefore aims at analyzing the state counsel’s role in the administration of justice in Cameroon, examining the challenges he encounters in the process, and to propose possible recommendations aimed at enhancing their effectiveness in duty.[4]

1.3 RESEARCH QUESTION

1.3.1 General Research Question.

What is the role of the state counsel in Cameroons’ justice system?

1.3.2 Specific Research Questions

What is the concept the criminal justice system of Cameroon?

What legal and institutional framework governs the state counsel’s functions in Cameroons’ criminal justice system?

What challenges and obstacles does the state counsel in Cameroon encounter in carrying out his functions?

What legal reforms are needed to enhance the effectiveness of the state counsel in Cameroon?

1.4 RESEARCH OBJECTIVE

1.4.1 General Research Objective

To assess the role of the state counsel in the criminal justice system of Cameroon.

1.4.2 Specific Research objective

To analyze the conceptual overview of the criminal justice system in Cameroon.

To examine the legal and institutional framework governing the functions of the state counsel in Cameroon.

To assess the challenges and obstacles encountered by the state counsel in the course of performing their duties.

To propose possible reforms and recommendations to enhance the effectiveness of the State counsel in Cameroon.

[1] Noah Chongo, Criminal Justice from a global perspective. https:\\ivypanda.com\essays\criminal justice. (January 2,2025).

[2] Fonachu Fang, The Criminal Justice System in Cameroon, Participants paper, volume 5(2020), page 145-152.

[3] Law no. 2005 of 27 july,2005 Cameroon Criminal Procedure Code.S

[4] Stainslausss Ajong, Emerging issues and challenges in justice administration, African Bar Association (August 2023) page 1-6