ASSESMENT OF THE JUDICIAL INDEPENDENCE IN CAMEROON

ABSTRACT

This Work explores the independent of the judiciary in Cameroon as laid down by the constitution in relation to its relationship between the other arms of government. This work adopted the qualitative research Methodology.
It commences with the Background to the study of separation of powers and then proceeds to the statement of the problem and to the main objective which is to critically examine the Cameroon Judiciary and the extent to which the Cameroon Judiciary is Independent from other Arms of Governments.

To achieve this objective, the study adopts the qualitative Research Methodology which involves the analysis of primary and secondary sources of data.
The primary sources of data are the constitution statuses, regulations and Case Law, while the Secondary data consist of Books, Thesis, Journal Articles and Reports. In its findings the study finds that to an extent the judiciary is independent because of the fact that the judges based their judgment on the law, from facts and on their conscience only.

And in another extent a Judiciary is not independent courts operate like they concentrated services of the ministry of justice without any financial Autonomy, while the higher Judicial council which Manages Carries and promotion of Judges is headed by the President of the republic thus this research contains the judiciary is not freely independent From the executive arm of government.
This paper recommends an urgent reform of the judiciary in conformity to international standards on judicial independence. This should be superseded by the constitutional recognition of the chief Justice as the head of Judiciary in Cameroon

CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study

Cameroon is a sovereign country in the Central African Sub Region. Cameroon is a victim of colonial rule from 1884 when the Germans officially took control of the territory. After the First World War, Cameroon was divided between Britain and France. However, after the Second World War 1945, the United Nations with the emergence of human rights, made it possible and laid a fertile ground for colonial masters to start preparing Cameroon for its subsequent independence.

In 1960, the French part of the country got itsIndependence and in 1961, the English part got its independence and reunite with French Cameroon under the two state-federal system of governance .
Cameroon was considered the lone bilingual country in Africa and second in the world.

Political difficulties in Cameroon today are because of the failure of this political union in 1961, which is the two-state federation. In 1972, president Ahidjo terminated the federal system of government in favor of a unitary system.
Cameroon adopted the concept of the separation of power from their colonial masters and it is practiced up to date.

Thus, since it is a foreign concept, the following paragraphs will be explaining the origin of the separation of power and its evolution.
The idea of the separation of power was first brought into the limelight by Aristotle in his book or his work “political” or “politics”. The “mixed government” which was the practice in Ancient Greece at that time inspired him, Aristotle. This was the starting point of the concept of the separation of power. Aristotle, a political philosopher in the 14 century BC did not hesitate to connect his lectures to deal with the “philosophy of human affairs”.

Taking into consideration what was happening in Ancient Greece, he drew upon many forms of the constitution in the city of Greece. His ideas and lectures awakened a growth in democracy in which many philosophers followed to preach the separation of power, which was highly concentrated in the hands of few authorities.
In the Roman Republic, Polybius in his work “Histories Book 6”, further intensified the need for the separation of power and encourages the system of government that was the practice in Ancient Greece that is the “mixed Government” amongst the Roman senate and the assemblies.

Thus “mixed government” was a type of government in which power was divided between Democracy and Aristocracy. It is worthy to note that Aristotle and Polybius were against political absolutism or the concentration of power in the hands of one person.
Besides, after Aristotle’s idea toward the separation of power in what he referred to as a mixed government, John Calvin (1509-1664) also contributed to the development of the principle of the separation of power. The ideas of Calvin abide by the ideas of Aristotle and
Polybius since he further fought for the right or the well-being of the ordinary people in 1620.5

Because of this campaign against autocracy by Calvin and his followers, the first state which enjoys direct freedom and the separation of power was created in 1620 is the Plymouth Colony in North America. This state was founded by a group of English separatists or the pilgrim’s fathers in North America. In the Plymouth Colony, there was the enjoyment of self-rule where people could elect their leaders. The “freeman” or the people who could vote in the Plymouth Colony, elected the general court which functions as the legislature, and the judiciary which in turn elects the governor who serves as the executive or who provides the executive power.

A similar constitution was also drawn in Massachusetts Bay Colony founded in 1628.
John Locke also, in his philosophy (1632-1704)6 took into consideration the separation of power as per the English constitution and draws many advantages of dividing political power into the executive, legislative, and judiciary The term “Separation of powers’ ‘ was coined by Charles-Louis de Thus, de La Bre de et de Montesquieu, an 18th century French social and political philosopher.

His publication, Spirit of the Laws,7 is considered one of the great works in the history of political theory and Jurisprudence.
Under his model the political authority of the state is divided into Legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.
The basis of his philosophy could be traced from the constitution of the Roman Republic and the British constitutional system. Montesquieu further emphasized that the judiciary power has to be real and not merely being in theory, he posited that amongst the three powers, the judiciary power was the most important.

Since there was a wind of change toward the principle of the separation of power within the philosophical idea of Montesquieu’s doctrine, he stood the grounds to the fact that three arms of government should be independent of others and that they are a balance of power between the three. Montesquieu argued his facts using the system of “checks and balance” it is worthy to note that Montesquieu’s philosophy greatly awakened the principle of the separation of power worldwide from 1748 until today. This is because he made people understand and feel the importance of the separation of political power in the government .

Taking into consideration the philosophical ideas of the English and the French philosophers about the separation of political power in the Ancient and medieval period, the idea of the separation of power was widely spread and was the practice in many states in Europe. Britain, France, and Germany rapidly spread this idea across the globe, since they were for a “mad rush” or competition to acquire colonies in the African continent. They succeeded in colonizing nearly the whole of Africa including Cameroon. Because of colonization, the political idea of Separation of power was also implemented in Africa and Cameroon in particular.

The colonial masters administered Cameroon from the 1870s until the 1960s, that is, under the control of the Germans, Britain, and France. It is worthy to note that before the coming of colonial masters, the Cameroonian tribes were practicing the concept of the separation of power locally. The natives were governed by their “Fons”, Chiefs, Kings, or “Lamidos” according to their various traditional means. Most of these “Fandoms” especially those of grassroots practiced separation of power since their tribes were managed by their traditional rulers. The traditional rulers governed their tribes according to the demands of the various traditions and customs.

Power and authority were divided according to their ranks depending on the customs of their tribes, for example, the Nso tribe. However, the colonial masters introduced a more advanced way of practicing the separation of power in Cameroon since there was a democracy where people could vote for their leaders. Merging the various tribes into one country also counted in the effective implementation of the foreign principle of the separation of powers.
Thus, Separation of powers refers to the division of government responsibilities into distinct branches to limit any branch from exercising the core functions of another.

The intent is to prevent the concentration of power and provide for checks and balance.
Cameroon is a democratic state. And the Judiciary being one of the three pillars of the modern democratic state is indispensable to the process of checks and balances which are so important to the way states are meant to operate and function. Thus, the constitution must provide means of effective checks and balances on the exercise of power. The Cameroon constitution prescribes the separation of powers into legislative, executive and judiciary . Consequently, a system that does not respect or adhere to separation of powers and constitutional supremacy is a major impediment to the promotion of judicial independence and democracy.

1.2 Statement of the Problem
A fair and independent judicial branch is a cornerstone of our democratic system of government and an independent judicial branch is not an end in itself, but a means of ensuring the rule of law, since only by being free from outside influences can judges decide cases on the law and facts alone.
The significance of a fair and independent judicial branch was recognized by our founding fathers as crucial to the emerging democracy. One of the grievances against King George the third listed in the declarations of independence was that he had made judges “dependent on his will alone”.

A fair and independent judiciary requires not only the freedom for judges to make case decisions without outside influence, but also the recognition of the judicial branch as a co-equal branch of the government, separate from the legislative and executive branches within a system of checks and balances, responsible for governing itself and accountable to the public. This is not the case as per our present constitution which grants the President of the republic the powers to appoint Members of the bench and for the legal department, and also puts the independence of the judicial power in the hands of the president of the
Republic .

The separation of powers amongst the branches of government within our systems of checks and balances, should serve as a keystone of democracy. For, “there is no liberty if the power of judging be not separated from the legislative and executive powers” Alexander Hamilton the concept of a fair and independent judiciary remains as important today in the 21st century as it was in the 1700s.
Consequently, “if the three powers maintain their mutual independence on each other our government may last long, but not so if either can assume the authority of the other ” Thomas Jefferson to William Charles Jarvis, 1820.
1.3 Research Questions
1.3.1 General Research Questions
To what extent is the judiciary independent from the other branches of government?
1.3.2 Specific Research Questions