CHAPTER ONE

• GENERAL INTRODUCTION

  Judicial independence is the idea that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private partisan interest. Most constitutional theories require that the judiciary is separate from and independent of the government, in order to ensure the role of law. That is to ensure that the law is enforced impartially and consistently no matter who is in power, and without undue influence from any other source.

[1] judicial independence and accountability are vital conditions for enhancing the judiciary’s role in advancing the rule of law, good governance and effective human rights enforcement. There is nevertheless a potential tension between accountability and independence. That tension is particularly Saddening in a system of accountability that relies heavily on the political branches. Excessive political accountability may undermine both the institutional independence of the judiciary and personal independence of judges by creating career oriented imperatives for acting in favor of the political branches.

 Political accountability, as understood here, refers to the extent to which judges are accountable to other branches of government for such issues as tenure, terms and conditions of service and appropriation. Cameroon’s political accountability model places the judiciary in a subordinate position to the executive, given that the judiciary relies entirely on the executive for appointment, promotion, discipline and remuneration through mechanisms which are neither transparent nor objective. The absence of transparency or objectivity has facilitated the arbitrary use of those features to inappropriately control the judiciary and to victimize individual judges who have failed to unduly protect the interest of the executive. Thus, while the Constitution recognizes judicial independence, the judiciary is structured in a way that makes it wholly accountable to the executive to the point that independence is severely compromised. In the light of these observations, the article explores possible approaches to achieving a more appropriate balance between independence and accountability through constitutional reform.

  The independence of the judiciary in Cameroon is guaranteed by the constitution. The constitution states that the Supreme Court, the court of appeal, and tribunals shall exercise judicial power. It further states that judicial power shall be independence of the executive and legislative powers.  By virtue of article 37 sub 1 of the constitution “justice shall be administered in the territory of the republic in the name of the people of Cameroon. The word “justice” according to Rawls is the first virtue of social institutions as r=truth is of systems of thought. “He noted that in”…Justice as fairness, the original position of equality corresponds to the state of nature in the traditional theory of social contract. In the context of social contracts theory justice as fairness simply means the observance of rights, duties and obligations on the part of both the governor and the governed. Is is the ability to strike a balance between guaranteeing the fundamental rights of citizens by the governed.

1.1.1BACKGROUND TO THE STUDY

      Cameroon is a sovereign country in the Central African Sub Region. Cameroon practices a decentralized system of government; she adopted the concept of separation of power from her colonial masters and still practices it till date.

  The term “Separation of powers’ ‘ was coined by Charles-Louis de Secondat, baron de La Bre de et de Montesquieu,an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and Jurisprudence. Under his model the political authority of the state is divided into Legislative,executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.

  Separation of powers therefore refers to the division of government responsibilities into distinct branches to limit any branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balance.

  Cameroon is a democratic state. And the Judiciary being one of the three pillars of modern democratic state is indispensable to the process of checks and balances which are so important to the way states are meant to operate and function. Thus, the constitution must provide means of effective checks and balances on the exercise of power. The Cameroon constitution prescribes the separation of powers into legislative, executive and judiciary. Consequently, a system that does not respect or adhere to separation of powers and constitutional supremacy is a major impediment to the promotion of judicial independence and democracy.

• STATEMENT OF THE PROBLEM

     A fair and independent judicial branch is a cornerstone of our democratic system of government and independent judicial branch is not and end in itself, but a means of ensuring the rule of law, since only by being free from outside influences can judges decide cases on the law and facts alone.

The significance of a fair and independent judicial branch was recognized by our founding fathers as crucial to the emerging democracy. One of the grievances against King George the third listed in the declarations of independence was that he had made judges “dependent on his will alone”.

 A fair and independent judiciary requires not only the freedom for judges to make case decisions without outside influence, but also the recognition of the judicial branch as a co-equal branch of the government, separate from the legislative and executive branches within a system of checks and balances, responsible for governing itself and accountable to the public. This is not the case as per our present constitution which grants the President of the republic the powers to appoint Members of the bench and for the legal department, and also puts the independence of the judicial power in the hands of the president of the republic.

 The separation of powers amongst the branches of government within our systems of checks and balances, along with accountability to the public should serve as a keystone of democracy. For, “there is no liberty if the power of judging be not separated from the legislative and executive powers” Alexander Hamilton [ Federalist no. 78] the concept of a fair and independent judiciary remains as important today in the 21st century as it was in the 1700s.

 Consequently, “ if the three powers maintain their mutual interdependence on each other our government may last long, but not so if either can assume the authorities of the other ” Thomas Jeferson to Wiliam charles  jarvis, 1820.

1.3 REASEARCH QUESTIONS

1. GENERAL RESEARCH QUESTIONS

• The extent to which the judiciary is independent of and accountable from the other arms of government

1. SPECIFIC RESEARCH QUESTIONS

• What constitutes the judiciary of Cameroon?
• What are the various problems faced by the Cameroon judiciary and what is the legal and regulatory framework of the independence and accountability of the judiciary in Cameroon
• The interrelation between judicial independence and accountability.
• What are the policy recommendation that should be provided to ensure judicial independence accountability and democracy in Cameroon
  • REASAERCH OBJECTIVE

1. MAIN RESEARCH OBJECTIVES

The purpose of this research is to critically examine the Cameroon judicial system and the extent to which the Cameroon judicial system is independent from the other arms of government

1. SPECIFIC RESEARCH OBJECTIVES

• To examine the manner in which the Cameroon judiciary is organized.
• To examine the laws that govern the Cameroon judiciary and the problems faced.
• To examine the interrelation between judicial independence and accountability in Cameroon
• Possible recommendations to ensure judicial independence