CHAPTER ONE

                                     GENERAL INTRODUCTION

• Background of study.

The political evolution of Cameroon is very complex on account of the differences in the culture and political thinking of the three countries which ruled it. [1]Germany ruled Cameroon from 1884-1915 as a colony and in 1916 Cameroon was divided between Britain and France following the defeat of the Germans in the First World War.

Cameroon, under German administration, was governed by German Laws. The native and the whites had separate courts. The ·’Bezirksgericht’ was for the whites. It was the Court of First Instance presided over by a judge, the ·’Bezirksrichter’, assisted by two or four lay assistants, ‘Beisitzers’. The ‘Obergericht’ was the Court of Second Instance for the whites. It comprised the High Judge, ‘Oberrichter’, and four lay assistants; it had the final judgment. Whites were never imprisoned in Cameroon. For the Cameroonians, the Court of First Instance was composed of the native chiefs who passed judgment according to native laws. The native chiefs presided over civil cases where the offense was not above 100 marks (minor offenses) or with regard to criminal cases; Appeals from the Court of First Instance could be sent to a second tribunal which could be attended by the Governor or his representative. It did not judge cases punishable by death. The commonest form of punishment was whipping which was done in the presence of a doctor of medical personnel; women were exempted from whipping. The death penalty was given only after the approval of the Governor but in most cases the culprit was fined. The next of kin was usually punished if a culprit escaped and in some instances chieftains were held responsible for the escape of a culprit[2].

Britain and -France ruled their· respective portions of Cameroon as mandated territories -0f the League of Nations from 1919-1945. After the Second World War, France governed her portion as a trusteeship territory of the United Nations Organization until it was granted independence in 1960; Britain also administered her portion as a trusteeship territory of the United Nations until 1961 when it was two Cameroons under the name of the Federal Republic of Cameroon which in 1972 became the United Republic of Cameroon. The task of transforming Cameroon from a divided colony into a united and independent state was not easy. The stability of Cameroon after independence reflects the political maturity of the granted independence[3].

The reunification of British Southern Cameroon and French Cameroon in 1961 marked the achievement of the union of the peoples of the new state and the growing economic viability of the country[4]

  The French system of administration was assimilation which was to make Cameroonians behave and think like Frenchmen and women. They   punished indigenes using the “Indigenat” which was a name given to the then provisions in the Criminal Code to punishments directly without reference to a court of law. Britain on her part administered her own small part of Cameroon through the “Indirect Rule Policy” in which she administered her portion as a part of Nigeria. They punished crimes through courts ordered in grades A,B,C and D with grade A court having full judicial powers in all civil and criminal matters except on death sentences.  The beginning of nationalism and independence started from the end of the Second World War (1945). This was as a result of the spread of western education, acquaintance with other people’s socio-political system, ideas and manner of independent living which Cameroonians sought to copy. This desire was manifested through numerous protests. In British Cameroon, political parties like the KUP, CNF[5] and UPC[6] emerged.

  A hard struggle against French colonial system was waged by the UPC. At the time when Ahmadou Ahidjo was appointed prime Minister he had to a lead French Cameroon into independence on 1^st January 1960. After the independence of The Republic of Cameroon, January 1^st 1960, by voting reunification with the Republic of Cameroon while the northern part voted to reunified with Nigeria on the 11^th February 1961. After this reunification, came the need of holding meetings between Prime Minister Foncha of British southern Cameroon and the president Amadou Ahidjo of The Republic of Cameroon on the form reunification should take place. As a result, The Foumban Conference was held in July 1961 where a draft constitution was worked out and a federal state system was agreed. The constitution was agreed in August 1961 and fully consummated in Buea as British troops and officials were gradually leaving[7] . So came the birth of the Federal Republic of Cameroon. [8]Here, there existed the constitution of the Federal Republic of Cameroon but not yet a penal Code. 

  The first federated  penal Code was promulgated by law no. 65-LF-24 /12^th November done on the 12^th  1965 and law no. 67-LF-1 of the 12^th June 1967 of the Republic of Cameroon. This Code defined and sanctioned crimes if violated by offenders. It was divided into four parts ranging from its applications to simple offences, and two books.

It has been a reference to barristers, law officials, law students or even ordinary persons until the coming into law of the new Penal Code of the Republic of Cameroon. Lawmakers complained that the Penal Code of 1965 is outdated and contains contrary provisions obtained from the period of French and English colonial rule[9]. There was therefore the need for amendment.

On the 22th of June 2016, the Lower House of the Cameroon Parliament voted to amend some provisions of the Penal Code, with regards to tenancy, adultery and death sentence

 These amendments were promulgated by The President of The Republic of Cameroon and put into law on the 12^th of July 2016. This marked the amendment of the new Penal Code in Cameroon.