Abstract

The Special Criminal Court (SCC) in Cameroon has emerged as a crucial institution in the nation’s fight against embezzlement of public funds, a pervasive issue that undermines economic development and erodes public trust in governance. This study delves into the role and effectiveness of the SCC in combating embezzlement within the Cameroonian context, focusing on its legal framework, operational mechanisms, challenges, and impact on deterring corrupt practices.The SCC was established in 2012 with the mandate to investigate and prosecute cases of embezzlement and misappropriation of public funds (Biebesheimer, 2017). Its creation was a response to growing concerns about corruption and the need for a specialized judicial body to handle complex financial crimes in Cameroon.One of the key features of the SCC is its specialized jurisdiction, allowing it to focus exclusively on cases related to embezzlement of public funds. This specialization enables the court to develop expertise in financial investigations, forensic accounting, and legal proceedings related to financial crimes.The legal framework surrounding the SCC includes provisions in the Cameroonian Penal Code and specific laws governing financial crimes and anti-corruption measures (Nkwain, 2019). These legal instruments provide the SCC with the authority to investigate, prosecute, and adjudicate cases of embezzlement, ensuring accountability and transparency in public finance management.The operational mechanisms of the SCC involve collaboration with law enforcement agencies, financial institutions, forensic experts, and international organizations specializing in anti-corruption efforts (Nkongho & Ntuba, 2018). This multi-agency approach enhances the SCC’s capacity to gather evidence, track illicit financial flows, and build strong cases against corrupt individuals and entities.Despite its mandate and operational mechanisms, the SCC faces several challenges in effectively combating embezzlement. These challenges include limited resources, capacity constraints, judicial backlog, bureaucratic hurdles, political interference, and public perception of judicial impartiality (Frimpong & Oteng-Abayie, 2020).Nevertheless, the SCC has made notable strides in its efforts to deter embezzlement and hold perpetrators accountable. Its prosecutions have resulted in convictions and recoveries of embezzled funds, sending a strong message about the consequences of corrupt practices (Ndikum, 2021).The impact of the SCC extends beyond legal outcomes, contributing to broader anti-corruption initiatives, public awareness campaigns, and institutional reforms aimed at strengthening accountability and integrity in public administration (Nkongho & Ntuba, 2018). However, ongoing efforts are needed to address the challenges faced by the SCC and enhance its effectiveness in combating embezzlement of public funds in Cameroon.

Keywords: Special Criminal Court, Cameroon, Embezzlement, Public funds, Anti-corruption, Legal framework, Operational mechanisms, Challenges, Impact.

Chapter One: General Introduction

1.1 Background to the Study

 Embezzlement is a phenomenon with serious consequences that affects all communities in the world.^[1] The government has put several structures in place to fight this ill.^[2] There is equally the fight against corruption in Cameroon. The fight against misappropriation of public funds perpetrated by individuals, especially public servants, for private gain, enjoys different degrees of commitment by different countries. The enactment of laws and establishment of institutional mechanisms towards this end are partly a reflection of the attainment of such a mission and can also be measured by which such a commitment can address. Rated as one of the most corrupt countries in Africa by Transparency International, the global anti-corruption Watch dog,^[3] the Republic of Cameroon recently enacted a law that created a special criminal court.^[4] This comes as one of the most robust and significant legislative development in the fight against the misappropriation of public funds. The mandate of the Special Criminal Court is to bring to justice person who “Cause loss of at least 50.000.000 FCFArelating to misappropriation of public funds and other related offences provided for in the Cameroon penal code and international conventions ratified by Cameroon.”

On the 14^th of December, 2011, Cameroon enacted a law which established the special criminal court.^[5]The court exercises exclusive jurisdiction over a specific class of offences committed across the national territory.^[6] The law does not make use of the word “corruption” rather; it uses the formulation “misappropriation of public property” which is very similar in content with section 184 of the Cameroon Penal Code.^[7]The creation of this court was aimed at fighting against the embezzlement of public property, to ensure speed in judicial proceedings and the restitution of the property. It has changed the Penal Code punishment for misappropriation of public property. The Penal code in its section 184 and 35 call for punishment and confiscation of offence related property and the Special Criminal Court’s creation in section 18^[8] call for restitution and nolleprosequi. A court with special jurisdiction is one, which either deals with a particular class of persons only or deals with specific matters formally provided for by statute.  Formerly, misappropriation of public funds was triable before ordinary criminal law court. The Cameroon Penal Code in its section 184 condemns this ill. A special criminal court is now created to hasten the proceedings against embezzlement of public fund. However, it seems to have compromise the penal code’s severe punishment against misappropriation of public property. The role of this Special Criminal Court in the fight against the embezzlement of public funds in Cameroon is the subject matter of our work.

• DEFINITION OF KEY TERMS

1. fight

The word “fight” is defined as a contend in battle or physical combat or to put forth a determined effort.^[9]

1. Embezzlement

Embezzlement is defined as the fraudulent taking of personal property with which one has been entrusted, especially as a fiduciary. The criminal intent for embezzlement unlike larceny and false pretenses arises after taking possession (not before or during the taking).^[10]

1. Public Fund

Public fund is defined asthe revenue or money of a governmental body. The term includes not only coins and paper but also bank deposits and instruments representing investments of public money.^[11]

1.3 STATEMENT OF THE RESEARCH PROBLEM

Shockingly, despite fascinating evidence that has given the country an excellent scorecard on corruption, the jurisprudence from the courts indicates that the offence of the misappropriation of public funds is highly under-reported, under investigated and under-prosecuted. A few questions have to be asked: first, has the offence of the misappropriation of public funds been normalized into the national social fabric to the extent that even when it is committed en flagrante, it is trivialized, and consequently, becomes under-reported, under-investigated and under-prosecuted? Secondly, is it really a question of political will that is needed to stop, prosecute and convict persons who misappropriate public funds? Or is the legal system too fragile, dilapidated, broken, or too consumed by the very ailment (corruption) it is supposed to be immuned to, so that the laws and institutional mechanisms are now too ineffective in preventing corruption within State-owned and run institutions? One can see that the Special Criminal Court was put in place to fight against embezzlement yet embezzlement is still very rampant in the country as state officials continue to embezzle state money for their personal gains and the Special Criminal Court seems to be prosecuting only those who are referred to it by the President of the Republic or by the ruling class in Yaoundé.

• RESEARCH QUESTIONS
• What is the embezzlement of public funds?
• What is the raison d’etre of the Special Criminal Court in the criminal law system in Cameroon?
• What is the procedure in prosecuting the embezzlement of public funds before the Special Criminal Court?
• Are they policy recommendations for an effective fight against the embezzlement of public funds in Cameroon?

1.5 RESEARCH OBJECTIVE

This research has both general and specific objectives;

1.5.1 General objective

• To know how the Special Criminal Court fight against embezzlement of public funds in Cameroon.

1.5.2 Specific objectives

• To know the raison d’être of the Special Criminal Court in the criminal law system in Cameroon.
• To examine the procedure in prosecuting the embezzlement of public funds before the Special Criminal Court in Cameroon.
• To make some recommendations on how embezzlement can be eradicated in Cameroon by the Special Criminal Court.