Abstract

The study reveals the role of the examining magistrate in the administration of justice in Cameroon which talks about the input and output of the examining magistrate. Here, the methods used are quantitative in nature, and doctrinal, which is largely content analysis. Information are carried from both primary and secondary data such as the Cameroon Criminal Procedure Code, Text books, journals, magazines, and even internet sources.

We realize that there are various actors involved in the administration of justice in Cameroon such as the examining magistrate, and the defendant who has a lot of rights to enjoy at the preliminary inquiry stage under the examining magistrate. Although he faces a lot of obstacles as well. We also find that, litigations face the problem of corruption.

The introduction of examining magistrates in the Cameroon judicial system has impacted the legal system so much. We equally recommend that the government should review the salaries of judicial authorities to make them independent. In the case of NJUME ELONG KOME PETER and NTOKO CHRISTOPHER V.

The People of Cameroon and ALOWEDE KOME CHRISTOPHER AGBOR JAMES EYONG J which said that the purpose of a preliminary inquiry is to enable the examining magistrate investigate whether there is the slightest link between the alleged offence and the defendant and to commit them before the competent court for trial. Finally, we equally saw the general rule that a preliminary inquiry is conducted in secret.

CHAPTER ONE

GENERAL INTRODUCTION

1.1. Background To The Study

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 in what was then East Cameroon while the English introduced 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 concerned.

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 .

The Cameroon judicial system has introduced the Examining Magistrate in the administration of justice. Their functions are to carryout preliminary investigations and this has caused the preliminary duties of investigation to be smooth and more matured. Following Law No 2006/015 of 29 December 2006 on Judicial organization, the courts are organized as the Supreme Court, Courts of Appeal, lower courts for administrative litigations, Lower Audit Courts, Military Courts, High Courts, Courts of  First Instance and Customary Courts.

At the court of First Instance, for the preliminary inquiry, there shall be one or more examining magistrates, same as in the High Court. During judicial inquiry, the examiningmagistrate is assisted by a registrar and the defendant may be represented by counsel. The role of the Examining Magistrate in the administration of justice in Cameroon shall be our main focus in this work.

1.2. Statement Of The Problem

Following the Law on Judicial Organization, the courts of First Instance and High courts do have preliminary inquiries where there is always one or more Examining Magistrates to carry out preliminary investigations. The inclusion of examining magistrates in the administration of justice in Cameroon has a lot of impacts on the administration of justice.

The main problem confronted in the administration of justice in Cameroon is the problem of independence of the judiciary. 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 practiced 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. There have been killings, illegal detentions and court procedures marred with irregularities and the worry of the researcher is to know the role of the Examining Magistrate in the administration of justice in the country.

1.3. Research Questions

1.3.1. Main Research Question

What is the role of the Examining Magistrate in the administration of justice in Cameroon?

1.3.2. Specific Research Question

1. How can the Examining Magistrate be seized?
2. What are the inputs of the Examining Magistrate in the Cameroon Judicial System?
3. What are the Outputs of the Examining Magistrate in the Cameroonian Judicial System?
4. Are there policy recommendations for the administration of justice in Cameroon?

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