ABSTRACT

This research looks at the role judges play in Cameroon criminal procedure, with a focus on their duties, powers and challenges at each stage of the criminal justice process. The Cameroon criminal procedure also entrusts judges with a central role in upholding legal rights and ensuring the fair administration of justice. Cameroon’s mixed legal system, influenced by both civil law and common law traditions, creates a unique legal framework within which judges must operate. Operating within this hybrid legal system, judges must navigate both inquisitorial and adversarial elements, while maintaining impartiality and protecting individual liberties. The study analyzes how judges contribute to pre-trial decisions, oversee trials and ensure the enforcement of judgments in accordance with legal and constitutional guarantees of fair trial and due process. It also explores the tension between judicial independence and political pressures, especially in high profile or politically sensitive cases. Using doctrinal analysis, and case studies, this research provides a comprehensive understanding of judicial conduct and identifies systematic reforms needed to enhance judicial accountability, competence and independence in Cameroon’s criminal justice system.

CHAPTER ONE

GENERAL INTRODUCTION

1.0 INTRODUCTION

The administration of justice is a fundamental aspect of any democratic society, Cameroon not being an exception. In Cameroon, the judiciary plays a very indispensable and important role in upholding the rule of law, protecting human rights and ensuring that justice is served. At the heart of the judiciary, are the judges, occupying a central position in ensuring the rule of law, equity and fairness. They are endowed with the responsibility and duty of interpreting the law, presiding over trials and delivering verdicts. In Cameroon, the role of judges within the criminal procedure framework is both diverse and dynamic. This is a reflection of the country’s dual legal heritage, which incorporates elements of French civil law and English common law systems. This unique blend is enshrined in the Criminal Procedure Code of 2005, which harmonizes procedures for the two legal systems that operate in different regions of the country. This chapter shall proceed to discuss on the background to the study, unravel the research problem, research questions, research objectives and the research methodology. We shall then proceed to look at the justification for the study, the significance of the study, the scope of the study, definition of key terms and the synopsis of other chapters.

1.1 BACKGROUND TO THE STUDY

Cameroon’s criminal justice system has undergone significant transformations since the country gained independence in 1960. The criminal procedure in Cameroon has evolved over time, influenced by the country’s colonial history and post-independence reforms. The past criminal procedure systems were immensely shaped by the legal frameworks introduced by the colonial masters. The country was colonized by Germany, followed by a division between France and Britain after the Second World War, each of which left a significant imprint on the administration of justice.

Before colonization, that is, the pre-colonial era, traditional and customary laws governed criminal justice in Cameroon. Local chiefs and elder resolved disputes and imposed sanctions based on customary norms, which varied among ethnic groups. Sanctions ranged from restitution and compensation, to banishment or corporal punishment.

From 1884 to 1916, which is the German colonial period, Germany established a centralized administration, introducing Western legal principles while maintaining some customary practices[1]. German colonial courts operated under German law, which prioritized the colonial government’s interests. Customary courts continued to handle local disputes, provided they didn’t conflict with German law or colonial interests[2].

The French and British colonial rule, ran from 1916 to 1960. After the First World War, Cameroon was divided into French Cameroon and British Cameroon, administered under the League of Nations and later under the United Nations Mandates[3]. French colonial administrators introduce the Civil Law System, modeled after the Napoleonic Code[4]. Criminal procedure emphasized written procedure, with an examining magistrate (juge instruction) playing a key role in investigations. Customary law was recognized but subordinated to French law[5]. The British introduced the common law system, emphasizing oral proceedings adversarial system. Customary courts operated alongside British courts, provided that customary practices were not repugnant to natural justice[6].

Moving forward, Cameroon experienced the post-independence and reunification era. In 1960, French Cameroon gained independence, followed by the reunification with British Southern Cameroons in 1961. The unified state retained the dual legal systems; Civil Law tradition in the Francophone regions and Common Law traditions in the Anglophone regions. Criminal procedure continued to differ between the two systems, with Francophone regions relying on inquisitorial methods and written documentation, while Anglophone regions emphasized on oral trials and the role of the jury in serious cases[7].

Before the adoption of the 2005 Criminal Procedure Code, the legal framework for criminal procedure was fragmented, with separate laws governing Francophone and Anglophone regions. In Francophone Cameroon, criminal procedure relied heavily on the French Penal Code and Code of Criminal Procedure. In Anglophone Cameroon, the Nigerian Criminal Procedure Act and the Criminal Code of 1916 (inherited from Britain) were applied.

Following the unification of French Cameroon and part of British Cameroon in 1961, the government aimed at creating a unified legal framework to address disparities. Over the years, efforts were made to harmonize the legal systems, particularly in the areas of criminal procedure, to ensure national unity and uniform application of justice[8].  In 2005, the Cameroon Criminal Procedure Code[9], was enacted to create a unified procedural framework for criminal justice. The CPC is a blend the French civil law system and the English common law system, which reflects the country’s bilingual and “bijural” heritage. Till date, the CPC applies uniformly across the country, bridging the two legal traditions[10].

The Cameroon constitution in its Article 37 to 42[11], establishes the judiciary as an independent branch of government, with the power to interpret the law and ensure its’s enforcement. It is for this reason that Cameroon’s legal framework places unique demands on judges to navigate complex legal and cultural dynamics. The CPC provides the framework for criminal proceedings, outlining the responsibilities and powers of judges at various stages. In a system where the rights of individuals often intersect with state authority, judges act as gate keepers or middlemen, ensuring that the principles of justice, equality and human rights are upheld[12].

Cameroon’s judicial system is structured to ensure the effective administration of justice across the nation. The organization and jurisdiction of courts are primarily governed by law N⁰ 2006/015 of 25 December 2006[13], which lays down the judicial organization in Cameroon.

At the apex of the judicial hierarchy, is the Supreme Court[14]. This court serves as the highest appellate authority in the land, with the powers to interpret the Constitution and its enforcement, as stated by Article 38 of the Cameroon Constitution. The Supreme Court is divided into three benches; the Judicial Bench, which handles civil and criminal matters, the Administrative Bench, which deals with disputes involving administrative actions and lastly, the Audit Bench, which is responsible for auditing public account and finances[15].

Secondly, there are the Courts of Appeal[16]. The courts review decisions from lower courts within their jurisdiction. Each region typically has a court of Appeal that handles appeals on civil, criminal, commercial and social matters. Third in line, are the High Courts[17]. Functioning at the departmental level, High Courts have original jurisdiction over serious civil and criminal cases. They also handle appeals from courts of First Instance and Customary courts. Coming fourth in line, are the courts of First Instance[18]. These courts deal with less serious civil and criminal cases at the sub divisional levels. They serve as the first point of contact for most legal disputes. At the fifth position, we have the Customary Courts, operating mainly in rural areas[19]. These courts adjudicate matters based on customary law, particularly in civil cases involving marriage, inheritance and land disputes. Their jurisdiction is limited to parties who consent to their authority[20]. Last on the list, we have the Military Tribunals. These are specialized courts which handle offences related to military personnel and matters concerning state security[21].

1.2 STATEMENT OF THE RESEARCH PROBLEM

The Cameroon legal framework is influenced by both common law and civil law traditions and it vests judges with the responsibility of ensuring justice, but concerns continue to rise regarding their impartiality, efficiency and adherence to due process as there still exists numerous challenges such as alleged executive interference, limited resources and systematic delays which undermine their ability to balance the rights of the accused, with the demands of public security. The research is aimed at examining the extent to which judges uphold the principles of justice, equality and legality in criminal proceedings, highlighting their pivotal role in safeguarding human rights and fostering public trust in the judiciary.

1.3 RESEARCH QUESTIONS

1.3.1. Main Research Question

• What is the role of judges in Cameroon criminal procedure?

1.3.2 Specific Research Questions

·         How do judges interpret and apply the law in ways that impact fairness of criminal trials?

• How do judges balance legal procedure and human rights protection in criminal trial?
• Are there any legal or institutional barriers preventing judges from fully safeguarding human rights in criminal cases?
• What challenges do judges face in Cameroon’s criminal justice system and how can the performance of judges in Cameroon’s criminal procedure be improved?

1.4 RESEARCH OBJECTIVES

1.4.1 Main Research Objective

• To examine the role of judges in Cameroon criminal procedure

1.4.2 Specific Research Objectives

• To study the extent to which judges interpret and apply the law in ways that impact the fairness of criminal trials.
• To look at the actions, decisions and practices of judges in relation to bringing about a balance between legal procedure and the protection of human rights in Cameroon.
• To find out if there are any legal or institutional barriers preventing judges from fully safeguarding human rights in criminal cases.
• To identify the challenges faced by judges in Cameroon’s criminal procedure system and propose recommendations for improving the performance of judges in Cameroon’s criminal procedure.

[1] German Colonialism and the Cameroon Chieftaincy Institution, 1884-1916: The Politics of Convenience, Tyranny and Hegemony. 

[2] Alison R. Research on Customary Law in German East Africa, Journal of African law AND Stefan B.K ‘’One Law for All: Western Models and Local Practices in (Post) Imperial Contexts, Campus Verlag, 2012. Ulrike Schaper’s Chapter, ‘’Entanglements and Interactions within a Plural Legal Order: The Case of the German Colony in Cameroon 1884-1916, 243-264.

[3] John N.B, Cameroon: From Mandate to Independence, (Yaoundé: University of Yaoundé Pres, 2007).

[4] French Civil Code (Code Civil) 1804, introduced during the reign of Napoleon Bonaparte.

[5] C.J.N Anyangwe, Comparing British and French Colonial Legacies: A Discontinuity in Cameroon’s Legal Systems, (Yaoundé: University of Yaoundé Press).

[6] T.A Nzouedja , Repugnancy and the Incompatibility Clauses and their Impact on Customary Law: Some Lessons for Cameroon, Zien Journal of Social Sciences and Humanities, vol 2, No.3 (2023), 57-67.

[7] https://WWW. Nyulawglobbal.Org/ researching Cameroonian law-GlobaLex.

[8] Unafei.or.jp/ the criminal justice system in Cameroon https://WWW..

[9]Law N⁰ 2005/007 of 27 July 2005

[10] Legal system Global Conscience Initiative. https://gci-Cameroon.Org/

[11]The 1996 Constitution of the Republic of Cameroon (as amended), Law No. 96/06 of 18 January 1996. 

[12] A.M Claes, M. De Visser and J. Gerards, ‘’Judges as Guardians of Constitutionalism and Human Rights’’ (Florence: European University Institute, 2016).

¹³ Republic of Cameroon, law N⁰ 2006/015 of 25 December 2006 to lay down the Organization of the Judiciary in Cameroon.

[14] Law No 2006/015 of 25 December 2006, Article 37-39

[15] NHU Law Global.

[16] Law No 2006/015 of 25 December 2006, Article 19.

[17] Law No 2006/015 of 25 December 2006, Article 16(1)

[18] Law No 2006/015 of 25 December 2006, Article 18.

[19] Decree No. 69/DF/544 of 19 December 1969, as amended and supplemented by Law N0 79/04 of 29 June 1979, which governs the Organization and Procedure before Traditional Courts in Francophone Regions of Cameroon.

[20] Judicial Organization and institutions in Cameroon. 

[21] Commonwealth Governance-judicial system in Cameroon.