Recusal of Judges under Cameroon Criminal Procedure Code: An Appraisal
Keywords:
Recusal - Judges – Cameroon - Criminal - Procedure – CodeAbstract
One will always ask the question as to; what is the position of the law if the judge or ‘bench magistrate’ fails to directly apply the law and his conscience in the course of a proceeding under Cameroonian law. This question however, has been dealt with by applying the principle of recusal. Recusal of a judge simply means the act of challenging the competence of a judge during trial proceedings. This is usually done where it can be proven that the judge in question will either decide on the matter with interest which shall go a long way to show prove of friendship, bias or hatred against the accused during the trial. Bearing in mind that English law gives no power for a bench magistrate to have carnal knowledge or to handle a case for which they have interest in, it becomes pertinent for one to appreciate how such doctrine have been respected or given consideration under the Cameroon Criminal Procedure Code which actually harmonizes both the English Adversarial and the French Inquisitorial systems of laws. It is therefore observe that the proper objective of this paper is to question whether the “Judge or the Bench Magistrate can be challenge during trial proceedings in Cameroon.” Such challenge will go a long way to educate victims of their right as to competence of a judge in a matter which will intend, serve as an appropriate measure to prevent denial and miscarriage of justice. The work therefore calls for an effective implementation and a proper look at the level of ambiguities which stands as barrier to recusal or challenge.
References
1. Chrysanthus, T. Azuh, (2007), “Due Process in Criminal trials under the Cameroon Criminal Procedure Code”, in NJCL (2020) 1–8 © Law Journals 2020. All Rights Reserved Page 7 Reading in the Cameroon Criminal Procedure Code, Yaoundé, Presses Universitaires d’Afraue, at P. 135
2. Jon, P. McClanahan., (2013) “Safeguarding the Property of the Judiciary”, 91 N.C.L. Rev. 1951. Available at: http://scholarship. law.unc.edu/nclr/vol91/iss6/4
3. Section 594 (1), of the Cameroon Criminal Procedure Code.
4. Section 592 ibid
5. Ponder v. Davis, (1951) 233 N.C. 6999? 706? 65 S.E. 2d 356? 360.
6. Bryan, A. Garner, (2009), Black’s Law Dictionary, 9th Edition, United State of America, WEST Publishing CO, at P. 1390.
7. Judicial Disqualification at https://en.m. wikipedia.org. Accessed on the 31st of December 2019.
8. (1993) 111 N.C. App. 216, 431 S.E. 2d 869.
9. State v. Fie, (1987) 320 N.C. 626, 359 S.E. 2d 774.
10. In State v. Hill, (1980) 45 N.C. App. 136, 243, S.E. 2d 14, the Supreme Court held that, the appearance of bias was sufficient to require the judge’s recusal.
11. State v. Honaker (Supra).
12. (2002) QB 451, 472.
13. Ponder v. Davis, 233 N.C. at 706, 65 S.E. 2d at 360, quoting Talbert v. Owen -Ames- Kimbel Co., 305 Mich. 345, 9 NW 2d 572 (1943) and State ex rel. Davis v. Parks, 141 Fla. 516, 194 So. 613 (1939).
14. The preamble of the Cameroon constitution following law N° 2008/001 of 14th April 2008 to amend and supplement some provisions of Law N° 96/6 of 18th January 1996 to amend the Constitution of 2 June 1972.
15. Panday v. Virgil, (2006), C.A. Mag. 75. See also, Davidson v. Scottish Ministers, (2002) Scot C.S. 256. R v. Gough, (1993) AC 646, 661, and Dimes v. Proprietors of Grand Junction Canal (1852) 3 H.L. Cas 759.
16. Sections 591 of the Cameroon Criminal Procedure Code
17. Section 592 of the Cameroon Criminal Procedure Code
18. Bryan, A. Garner (2009), Black’s Law Dictionary, 9t h Edition, West Publishing CO, P.115
19. Section 594 (1) (b) of the Cameroon Criminal Procedure Code
20. Section 594 (1) ibid.
21. 594 (3) Ibid.
22. Section 594 (3) Ibid
23. Section 594 (1) (b) Ibid
24. Section 594 (2), ibid
25. Section 598 ibid
26. Section 595 (1&2), ibid
27. Section 598, Ibid
28. Section 595 (1 & 2) ibid
29. Section 593 ibid
30. A receipt attesting the fact that the applicant have handed the application to the Judge concern at a particular time and place, stands to avoid a situation where the said judge; since he is in terested in the matter, may continue proceedings while relying on the pretext that, the application was not tendered to him.
31. The criminal Procedure Code makes no mention for the President of the Court to verify if the judge in question has been tendered her own copy of the application. This makes it more complicated as a bias judge might not table any explanation before the President concern.
32. Section 599 (1) of the Criminal Procedure Code.
33. Section 599 (2) ibid
34. Section 599 53) ibid
35. Section 597 ibid
36. Raymond, B., (2001), “Three Abstain as Supreme Court Declines to Halt Texas Execution”, the New York Times, at www.nytimes.com.
37. Case No. 12.112 (2002), Report No. 101/03, Inter -Am. C.H.R., OEA/Ser./L/ V/II.114 Doc. 70 rev. 1 at 804 (2003).
38. Law N° 2005/007 of 27th July 2005 Establishing the Cameroon Criminal Procedure Code.
39. Dr. Nasa v. Magistrate Theophilus, CASWR/02/12/2014 (Reported)
40. The Preamble of the Cameroon Constitution of 2008 amending Law N° 96-06 of 18th January 1996 to amend the Constitution of 2nd June 1972.
41. Such as the case of Baston v. Kentucky, (1986), 476 U.S. 79, where it was held that, a party having information that raises a possible ground for disqualification cannot wait until after an unfavorable NJCL (2020) 1–8 © Law Journals 2020. All Rights Reserved Page 8 judgment before bringing the information to the Court’s attention.
42. In this case, the petitioner (Dr. Nasa Tatsi Luma), who is standing trial before the Court of first instance Limbe for destruction probably instituted proceedings in an application dated 25th March 2014 to challenge Magistrate Tatsi The ophilus against hearing the case instituted by the Legal Department against him. In support of the application, he alleges that Magistrate Tatsi overtly manifested hatred and bias towards him contrary to section 591 of the Cameroon Criminal Procedure Code. He cites some declarations made by the Magistrate during the trial as proof of the Magistrate’s hatred and bias towards him.
43. (1978), 38 N.C. App. 353, 247 S.E. 2nd 783
44. Dr. Nasa v. Magistrate Tatsi Theophilus, Supra at note 39.
45. Legal Dictionary, at https://legal dictionary.net. Accessed on the 10 /10/2019.
46. 119F 3d 1377, 1380 9th Cr 1997.
47. Law N° 2005/007 of 27th July 2005 instituting the Cameroon criminal Procedure Code.
48. Section 596 (2) of the Criminal Procedure Code.
49. Section 595 (1) ibid
50. Section 599 (1 & 2) ibid
51. Where the challenged judge considers that the challenge is reasonable.
52. Section 599 (1) of the Criminal Procedure Code.
53. Section 599 (2) ibid. Cite this Article Njulefac Protin us N . Recusal of Judges under Cameroon Criminal Procedure Code: An Appraisal . National Journal of Criminal Law. 2020; 3(2): 1–8p.
