Judicial Organization and Institutions in Cameroon: A Tripartite Classification

Authors

  • PEFELA Gildas NYUGHA University of Dschang/ Cameroon

Keywords:

Courts, Judicial Institutions, Tripartite, Competence, Justice System, Judicial Organization.

Abstract

Justice is a service open to the public. It is thus arranged, like any structure that renders public service, in such a manner that whoever seeks it receives appropriate attention. The establishment and organization of judicial institutions are premised on the foregoing. The classification of the judicial system in Cameroon is shrouded in such a bleak and opaque view that one tends to ponder the clear-cut strata for the administration of justice in Cameroon. Litigants sometimes find difficulties identifying which court is competent to handle their matters in the face of complaints. More so, the fact that certain courts preclude the ordinary man from bringing an action makes the whole scenario more cumbersome for a common man to comprehend. Judicial and administrative authorities need to be guided on the nature of cases entertained as well as be acquainted with the competent courts to seize for such matters. The study therefore has as objectives to dissect the justice system of Cameroon so as to give a clearer
view for litigants who desire to have their issues addressed by these judicial organs. To achieve this objective, the article adopts a doctrinal methodology, which is doctrinal consisting of primary and secondary data. The findings reveal that though attempts have been made to classify courts in Cameroon, there is still need to adopt a more compressive and facilitative classification so as to give a clearer picture with regards to competence and jurisdiction.

Author Biography

PEFELA Gildas NYUGHA, University of Dschang/ Cameroon

Phd fellow in the Exchange School of  Law and Political Science, 

Department of English Law

Cameroon.

 

Common law Magistrate, from the National School of Administration and Magistracy

References

Cheng B. General Principles of Law as Applied by International Courts and Tribunals, London:

Stevens, 1953, pp. 290–298; and Peter Hamacher, Die Maxime audiatur et altera pars im

Völkerrecht. Vienna, Austria: Springer; 1986.

Kouokam U. LAW N° 2006/015 OF 29 DECEMBER 2006 on Judicial Organization. [Online]

Available at http://www.minjustice.gov.cm/index.php/en/instruments-and-laws/laws/237-law-n-

-015-of-29-december-2006-on-judicial-organization [Accessed on September 2023]

Courtesy of the Cameroon Center for Democracy and Human Rights. (2005). Law N°2005 of 27

July 2005 on the Criminal Procedure Code. [Online] Available at https://www.policinglaw.info/

assets/downloads/2005_Criminal_Procedure_Code.pdf [Accessed on September 2023]

Sections 591–599 of the CPC.

Chem-Langhëë B. The Road to the Unitary State of Cameroon 1959-1972. Paideuma: Mitteilungen

zur Kulturkunde. 1995; 41: 17–25.

Republic of Cameroon. (2023). The First President: AHMADOU Ahidjo (May 1960-4 November

[Internet]. Available at https://www.prc.cm/en/the-president/the-first-president [Accessed on

September 2023]

Organisation Intenationale du Travail. (1998). Ordinance No. 72/4 of August 26, 1972 on judicial

organization, amended by Orders No. 72/21 of October 19, 1972, 73/9 of April 25, 1973 and Laws

No. 76/17 of July 8, 1976, 83/3 of 21 July 1983, 89/017 of July 28, 1989, 89/019 of December 29,

, 90/058 of December 19, 1990 and 98/008 of April 14, 1998. [Online] Available at

https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=fr&p_isn=65037&p_country=CMR&p_cou

nt=290 [Accessed on September 2023]

Republic of Cameroon. (n.d.). Constitution of the Republic of Cameroon. [Online] Available at

https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/43107/97788/F-2103476279/CMR43107%

Eng.pdf [Accessed on September 2023]

Leboulanger P, Douajni CK. (2018). Organization for Harmonization of Business Law in Africa

(OHADA): World Arbitration Reporter (WAR) [Online] Available at https://arbitrationlaw.com/

library/organization-harmonization-business-law-africa-ohada-world-arbitration-reporter-war-2

nd#:~:text=The%20Organization%20for%20Harmonization%20of,or%20the%20%E2%80%9CTrea

ty%E2%80%9D) [Accessed on September 2023]

Section 46 of the 1996 constitution.

Section 40 of the 1996 constitution.

Section 41 of the 1996 constitution.

Republic of Cameroon. (2008). Law No.2008/001 of 14 April 2008 to amend and supplement some

provisions of Law No.96/06 of 18 January 1996 to amend the Constitution of 2 June 1972. [Online]

Available at https://www.prc.cm/en/multimedia/documents/6282-loi-n-2008-001-du-14-04-2008-

modifian-constitution-1972-en [Accessed on September 2023]

Kouokam U. law N° 2011/027 OF 14 December 2011 to amend and supplement certain provisions

of law n° 2006/15 of 29 DECEMBER 2006 on Judicial Organization [Internet]. Minjustice.gov.cm.

[Online] Available at http://www.minjustice.gov.cm/index.php/en/instruments-and-laws/

laws/241-law-n-2011-027-of-14-december-2011-to-amend-and-supplement-certain-provisions-of-

law-n-2006-15-of-29-december-2006-on-judicial-organization [Accessed on September 2023]

Law N. 2017/014 of 12th July 2017. The Common Law Division.

Elomo Mbarga Ingrid. Laws - Law no2017/12 of 12 July 2017 to lay down the Code of Military

Justice. [Online] Available from: http://197.159.3.34/index.php/en/68-ged-en/texts-and-laws/

laws/399-law-no2017-12-of-12-july-2017-to-lay-down-the-code-of-military-justice.

Kjetil Mujezinović Larsen. The argument of non-applicabilityratione loci. Cambridge University

Press e-Books; 2012. pp. 165–240. [Online] Available from: https://www.cambridge.org/core/

books/abs/human-rights-treaty-obligations-of-peacekeepers/argument-of-nonapplicability-ratione-

loci/A8242DB5CC3010ABDC60C4E256EDB1CB.

Mundi J. Wiki Note: Jurisdiction Ratione Materiae. Jusmundi.com. (2023). [Online] Available

from: https://jusmundi.com/en/document/publication/en-jurisdiction-ratione-materiae.

Section 27 of the Southern Cameroon High Court Law of 1955.

Ibid.

Section 13 of law n° 2006/015 of 29th December on Judicial Organization as amended.

See Section 13 of law n° 2006/015 supra.

Section 14 of law n° 2006/015 supra.

See Section 14 of law n° 2011/027 supra

Section 13 of law n° 2006/015 op.cit.

See generally Ngwene, J.G., (2018/2019), “Lecture notes on Judicial Organization and Institutions

in Cameroon”, from the National School of Administration and Magistracy (ENAM). Unpublished.

See Section 13 of law n° 2006/015 loc.cit.

Section 15 law n° 2006/015 and Section 713 CPC

See Section 71 and Section 157 of CPC.

Section 15(3)(b) law n° 2006/015.

Section 21 of the 2016 Penal Code.

Section 15 (1)(a) of law n° 2006/015.

Ohada.org. Organizing simplified recovery procedures and measures of execution. [Online]

Available from: https://www.ohada.org/en/organizing-simplified-recovery-procedures-and-

measures-of-execution/.

Section 170 of UASPREM.

See Section 13 (1) of the Magistrate Court Law of 1948.

Suit No. CFIT/7M/2019.

Suit No. CANWP/48/2012, SOWEMAC LR, 5, P108.

Suit No. CASWP/2M/L/10/11M/2014. (unreported).

Ibid.

Fonkwe J, Eware A. Cameroon Criminal Procedure and Practice in Action, Douala., Cameroon,

Editions Veritas, 2019. P.275.

See Section 11(1) of Law N° 2011/028 as amended by Law N° 2012/011.

The CFI is equally differently constituted in labour and juvenile matters. Here the presiding

magistrate sits with assessors. See Section 14 (2) and (3) of law N° 2006/015 supra.

See the case of Mambo’o Sterlin Joseph Vs the People & Ngum Ngong Francis, Judgment No.

/MS/2018 of 20 November 2018 (Unreported).

Section 16 of law n° 2006/015 supra.

Fonkwe J, Eware A. 2019 Op. Cit. at P.277.

See Section 17(4) of law n° 2006/015 supra.

See Section 17(9) of law n° 2011/027 supra

Ibid. Section 18.

Read alongside Article 1 UASPREM.

Section 18 (1)(b) of law n° 2006/015.

Pefela Gildas Nyugha. The Liability of Directors in Private Limited Companies: A Critical

Assessment of the OHADA and English Law Regimes, Generis Publishing, 2023.

Section 18 (1)(a) of law n° 2006/015.

See Section 11(1) of Law N° 2011/028 as amended by Law N° 2012/011.

Central African Economic and Monetary Community (CEMAC): Common Policies in Support of

Member Countries Reform Programs [Internet]. IMF. 2019 [cited 2023 Aug 18]. Available from:

https://www.imf.org/en/Publications/CR/Issues/2019/07/09/Central-African-Economic-and-

Monetary-Community-CEMAC-Common-Policies-in-Support-of-Member-47095.

UN list of least developed countries [Internet]. UNCTAD. 2022 [cited 2023 Aug 18]. Available

from: https://unctad.org/topic/least-developed-countries/list.

The World Bank. (2022). Overview [Online]. Available at https://www.worldbank.org/en

/country/drc/overview [Accessed on September 2023]

Ibid.

Organization for the Harmonisation of Business Law in Africa. (2023). Stakeholders [Online].

Available at https://www.ohada.org/en/stakeholders/ [Accessed on September 2023]

Dickerson CM. The OHADA common court of justice and arbitration: exogenous forces

contributing to its influence. [Online] Available at https://scholarship.law.duke.edu/lcp/vol79/

iss1/3 [Accessed on September 2023]

Mouloul A. (2009). Understanding the Organization of Business Law in Africa (OHADA), 2

nd Ed.,Niamey. p.37-38.

Ibid. P.40.

A famous example is the CCJA’s 2001 advisory opinion on the Côte d’Ivoire’s request, which

concluded that OHADA Uniform Acts abrogate identical, as well as conflicting, national laws and

regulations. (CCJA Advisory Opinion No 001/2001/EP of 30 Apr. 2001 (applying OHADA Treaty

Art. 10).

The court intervene instead of the Supreme Court or State Court, on the one hand and, on the other

hand, the procedure may be oral or written. Article 19 of the Rules of Procedure of the CCJA

provides that the court may meet in the territory of a State Party, other than the state where the

headquarters is. See Mouloul, A., (2009), loc.cit. at P.37.

Buma, Roland Sigala., (2017), “The Merits of Arbitration as a Mode of Resolving Commercial

Disputes within OHADA Laws”, PhD Thesis in Private law, University of Dschang.

Ngwene, J.G., (2018/2019), op.cit., at PP. 29-31.

Claire, Moore, D., (2016), op. cit. at 63.

Article 14 para 3 of the OHADA Treaty.

Article 15 of the OHADA Treaty.

Tristan Gervais de LAFOND, “The Treaty on the Harmonization of Business Law in Africa”, G. P.

and 21/09/1995 p.2.

Articles 37 to 42 of the 1996 Cameroon constitution as amended.

Law N° 2006/016 of 29th December 2006, to lay down the organization and functioning of the

Supreme Court, and Law N° 2003/005 of 20 April 2003 to lay down the jurisdiction, organization

and functioning of the Audit Bench of the Supreme Court.

Minors of from 14 to 18 years, suspected of this these offences, are amenable to the common law

courts.

Read S.8 and S.9 0f the 2017 law supra.

See Section. 22 of Law N° 2008/015 supra

No appeal against committal order. See to the effect S.9 (4) of law N° 2012/ supra.

See for example Sections 59, 61, 63, 64(3), 71, 75, and 76 of the Cameroon CPC of 2005.

Decree N. 2002/299 of the 3rd December 2002 appointing the authority entrusted with affixing the

executor formula to decisions of the OHADA CCJA.

Decree No. 2013/288 of 04 September 2013 fixing the modalities for the restitution of

misappropriated funds.

Law N. 2004/004 of 21 April 2004 and Law N. 2004/005 of 21 April 2004 laid down the rules and

regulations governing the members of the constitutional council.

Law N. 90/060 of 19th December 1990 to set up the State Security Court.

Law N. 2008/015 of 29 December 2008, on the Organisation of Military Justice and the rules of

procedure before this jurisdiction, as subsequently amended by Law N. 2017/012 of 12th July 2017

to lay down the code of military justice

Published

2023-08-21

How to Cite

NYUGHA, P. G. (2023). Judicial Organization and Institutions in Cameroon: A Tripartite Classification. Journal of Constitutional Law and Jurisprudence, 6(2), 59–79. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1328