The Age-old Fight of Governments: The Legal and Institutional Mechanisms for Combatting Corruption in Cameroon

Authors

  • Harvey Awah Ambe Adjunct Lecturer Catholic University Institute Buea, Pan African Institute for Development –West Africa, Buea and Higher Institute of Professional Excellence, Douala, Cameroon

Keywords:

Corruption, bribery, embezzlement, misappropriation, corrupter, the corrupt.

Abstract

Corruption seriously affects the economies of most countries in the world and leaves the coffers
empty. Corruption in Cameroon affects both the private and public sector in every dimension. Some
economists see corruption as a necessary evil that can enhance economic growth in the State. The worry now
is that of sustainability. The adverse effects of corruption in the society have led to the putting in place of a
number of legal instruments to fight against corruption in Cameroon. This paper therefore looks at the legal
and institutional framework that is used to fight against corruption in Cameroon. It is no more news that the
fight against corruption has gone on for a long time but results are still not up to standard as expected to be. In
this regard we propose that routine checks and ad hoc commissions be put in place and set up in the different
sectors of administration so as to fish out corrupt individuals rather than putting in place a permanent agency
with a permanent staff who have themselves become corrupt.

 

References

1. Sam V. The Pros and Cons of Corruption. at http://samvak.tripod.com/nm089.html (accessed on 23 of May 30, 2018)

2. Angouing MA, et al. A Handbook to Fight Corruption in MINFOPRA. Washington DC: Ministry of Public Service and Administrative Reform; 2015.

3. Bechem E E. Corruption in Cameroon: Public Perception on the Role and Effectiveness of the Different Anti -Corruption Agencies . Review Pub Administration Manag . 2018; 6(1): 235. doi:10.4172/2315-7844.1000235, p. 2.

4. Vito T. Corruption Around the World: Causes, Consequences, Scope and Cures. Working Paper of the International Monetary Fund (IMF); 1998.

5. Bechem E.E, Op.Cit. 2p.

6. A person in power here simply means anyone who has the duty of granting services or goods and anyone who can influence the decision of an other person who actually possesses the real right of granting the service, information or goods required by the requester.

7. The corrupt is anyone who allows him or herself to be bought over by gifts and promises at the detriment of his/her duties or simply known as the one who receives an undue gift.

8. The corrupter is anyone who deviates somebody from his/her duties through promises, gifts, and undue services, etc. or simply known as the giver.

9. This definition is that given by the author of this work from hi s own understanding of what corruption is all about.

10. A bribe will warrant that the corrupt reciprocate by acting in way or doing something back as an obligation for the corrupter while in gifts, though something is often expected back in future such as love, good behavior of a child etc., there is no obligation.

11. Pierre R A. Corruption and Structural Reforms in Cameroon . Sciedu Press , Research in World Economy. 2012; 3(2): 7–19. At http://dx.doi.org/10.5430/rwe.v3n2p7 (accessed on the 20th of May 30, 2022).

12. Section 66 of the 1996 Constitution of Cameroon.

13. www.business-anti-corruption.com

14. Mbah Acha R.F., Corruption under Cameroon Law.

15. Section 134 of the 2016 Penal Code defines active corruption as “ any national, foreign or international civil servant or public employee who, for himself or for a third party, solicits, accepts or receives any offer, promise, gif t or present in order to perform, refrain from performing or postpone any act of his office”.

16. Section 134-1 of the 2016 Penal Code defines passive corruption as “ whoever makes promises, offers, gifts and presents or yields to requests liable to result in corruption in order to obtain either the performance, postponement or abstention from an act or one of the favours or benefits”.

17. Section 134 of the Penal Code.

18. Section 135.

19. Section 135-1.

20. Section 135-2.

21. Section 137.

22. Section 138.

23. Section 140.

24. Section 142.

25. Section 143.

26. Section 144.

27. Section 160.

28. Section 161.

29. Section 184.

30. Section 312.

31. Section 146.

32. Section 147. The Age-old Fight of Governments Harvey Ambe Awah

33. Section 148.

34. Awah A H. The Protection of Users of E -banking Services within the CEMAC: The Case of Cameroon. Masters thesis, Department of Common Law, Faculty of Law and Political Science . Cameroon: University of Dschang; 2017; 97.

35. Mbah Acha R.F, Loc.Cit. 8p.

36. Ndikum G. Cameroon’s anti-corruption campaign: a paper tiger? Global corruption report 2001 . Berlin: Transparency International; 2001.

37. Bechem E.E., Loc.Cit. 4p.

38. Kwei, Haliday N. Institutional Approach to Fight Corruption: The Case of the National Anti - corruption Commission of Cameroon. Jurnal Hubungan Internasional. 2020; 8(2): 140–152.

39. Chief Ephraim Inoni.

40. Marafa Amidou Yaya.

41. Bechem E.E., Op. Cit. 2p.

42. Mbah Acha R.F., Loc. Cit. 8p.

Downloads

Published

2023-01-10

How to Cite

The Age-old Fight of Governments: The Legal and Institutional Mechanisms for Combatting Corruption in Cameroon. (2023). National Journal of Criminal Law, 5(2). https://lawjournals.celnet.in/index.php/njcl/article/view/1145