Abstract

This work is an exercise in practical comparative law. It examines how justice is administered in a unitary State with two extraneous legal systems, the common law and the civil law. The whole work is divided into four main parts. Part One explores the conditions and procedure to stay execution. The challenges faced in the justice system of Cameroon are discuss in Part Two.

Part Three takes the machinery of justice as its focus of inquiry. It begins with the various special applications under the Cameroon criminal procedure code. Part four rounds up with recommendations. There are topics which call for and have received more detailed analysis than others.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

In Cameroon, Ordinance No. 72/04 of 26 August 1972 modified by Law No. 2006/015 of 29 December 2006 on judicial organization organizes the courts charged with the deliverance of justice in the country. According to Section 3 of that Law, the courts in charge of administering justice in the country include the Supreme Court, the Courts of Appeal, Lower Courts for administrative litigation, Lower Audit Courts, Military Courts, High Courts, Courts of First Instance and the Customary Courts. Added to these courts is the Special Criminal Court which is created to fight against corruption and misappropriation of public property in Cameroon.

Cameroon has a unique legal system which is reminiscent of its colonial past. It is referred to as a bi-jural country because during the colonial administration, the French introduced Civil law and in what was then East Cameroon while the English introduced the Common Law in what was then West Cameroon: this alludes to the dual application of the French and English legal traditions. Justice is very accessible in Cameroon. It is free of charge for litigants.

In Cameroon, the modern justice system includes preliminary investigation, full trial and execution of the court’s judgment. It is further broken into criminal, civil and commercial, civil status and administrative justice and so on. With criminal justice, the state prosecutes free and foots the bill of criminal matters up to execution of court judgments . A person whose rights have been infringed makes a complaint to either the police charge office, Gendarmerie charge office, the State Counsel’s chambers, the examining magistrate’s chambers or to the court by Direct Summons.

Before the coming into force of Law No. 2005/007 of 27 July 2005 on the Criminal Procedure Code, access to justice in Cameroon had a language barrier, for the French speaking Cameroonians were using the “Code D’instruction Criminelle” while the English were using the “Criminal Procedure Ordinance”. The Criminal Procedure Code (CPC) is a law that came into existence to unify the Common Law and the Civil Law so far as criminal procedure is concern.

The unified code has made both the accused persons, magistrates, lawyers, judicial police officers and administrators to have access to proper management and execution as to the citizens. The administration and the hierarchical structure of courts in Cameroon today have changed especially with the promulgation of Law No. 2006/015 of 29th December 2006 on Judicial Organization .

In 2006, there was a major overhaul of Cameroon’s Criminal Procedure Law following the promulgation of a uniform Criminal Procedure Code . At the end of a trial, a convict can be given an imprisonment sentence or a pecuniary sentence. An imprisonment sentence would mean loss of liberty and the maximum is life imprisonment. The parties equally have the right to apply for a stay of execution of the court order.

A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word “execution” does not necessarily mean the death penalty although it can; it refers to the imposition of whatever judgment is being stayed. It is similar to an injunction. A stay can be granted automatically by operation of law or conventionally when the parties in a civil or criminal case agree that no execution shall occur for a certain period. If a party appeals a decision, any judgment issued by the original court may stay until the appeal is resolved.

1.2 Statement Of The Problem

The main problem confronted in the administration of justice in Cameroon is the problem of independence of the judiciary; the executive in Cameroon dominates the other arms of government.

Another problem faced in the administration of justice in Cameroon is the adoption of archaic statutes that were largely meant to nurture a colonial society among others which are now part of our laws even till date.

For justice to be properly administered in the country there ought to be a strict application of the principle of separation of power. This unfortunately is not practice in Cameroon. The Minister of Justice has the power to stop at any time any proceeding going on in court through the Procureur General.

The law on judicial organization has established courts in the country with their competences yet civilians are tried in military courts every day. The worry of the researcher is to know whether the pecuniary sentence provided for under the Criminal Procedure Code in Cameroon is effectively enforced.

1.3 Research Questions

This research seeks to answer the following questions:

1.3.1 Main Research Question

How is the stay of execution of court judgment affected in Anglophone Cameroon?

1.3.2 Specific Research Questions

1. What are the conditions and procedures to stay executions?
2. Are there challenges faced in the justice system of Cameroon?
3. What are the various special applications under the Cameroon Criminal Procedure Code?
4. Are there policy recommendations for the effective administration of justice in Cameroon?

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