Abstract

This research study examines the silent nature of the constitutional council as regards to Constitutional Amendment Mechanisms and considers it impacts on the constitutionality of the Cameroon constitution . This work looks at one undermined constitution of Cameroon caused by the inactive nature of the constitutional council and the resultant consequences on the supremacy of the Cameroon constitution.

This thesis analysis constitutional Council’s creation, composition, jurisdiction and the issue of locus standi to initiate a proceeding before the constitutional council. This research concludes on how the Constitutional Amendment for an effective protection of the Cameroon Constitution.

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

The Cameroon constitution is the supreme law of the Republic of Cameroon. It consists of a preamble and 13 parts of each divided into articles. It outlines the rights guaranteed to Cameroon citizens, the procedure by which the constitution could be amended and so on. Aristotle therefore constitution as an organization of offices in a state by which a method of distribution is fixed, the sovereign authority is determined and the notice of the end to be per sued by association and all its members prescribed.

However  in order to ensure stability of the constitution, it must be subjected to ratification in order to meet up with the day to day needs of the people in the society as held by B.A Worley and such a right to amend the constitution is inalienable per Amar which is based on amendment mechanism as out listed by Anne Twomey   .

Looking keenly therefore at the history of Cameroon Constitution, It has undergone three major phases and at least five profound Constitutional changes. Cameroon in its pre-independent sage witnessed several administrations under different colonial masters which is one of the major Constitutional problems in Cameroon today.

The Germans on their part who among the first colonial masters in Cameroon between 1884-1914, administer Cameroon on the basis of the Reichstag which  the empowered the Kaiser to legislate by decree for the better administration of the protectorate. They created two parallels court which applied and the other for control and supervision of Germans where German laws under the control and supervision of Germans existed.  This was so because there was no court that was vested with the jurisdiction over constitutional amendment.

Between 1914 to 1960 when Cameroon gained its independence Cameroon was under the supervisor of Britain and France. But Cameroon at this had not adopted a Constitution as its earliest Constitution was adopted after French Cameroon gained its independence from France in 1960. It was a hurry draft based closely on French precedent. In 1961, British Cameroon gained its independence and voted to join its counterpart that is the French. The delegate of both Cameroon [southern and western Cameroon] frames a new constitution which made Cameroon a federation of two states under a simple powerful president.

Following the 1961 Constitution, a new Constitution was again drafted in 1972 that is decree 72/270 of 2 June 1972 by the president which went to abolish the federal system and placed broad political power in the position of the president. The name of the country then changes from the Federal Republic of Cameroon to the United Republic of Cameroon.

The Legislative system was then replaced by a Uni Cameral Assembly. This new document was put in a popular referendum and approved on 20th may 1972.  On June 1972, the head of state issues decree 72-270 bringing the new document in to law. On May 1975 an amendment established the position of the prime minister as presidential successor under the law. Paul Biya then replaced Ahidjo in 1982.

The new constitution was then put on place by the head of state in 1984. This document primarily altered articles 1 which renamed the country to the Republic of Cameroon, article 5 which dealt with the post of the prime minister and articles 7 which establish the speaker of the house of the assembly as the president successor

This Constitution  was later amended by the National Assembly as on 10th April 2008, the national assembly overwhelming passed a bill to amend the 1996 Constitution sin to ensure that the constitution provide the president with immunity   from acts as president and to allow the chief executive to run for  a uni-lateral re-elections along with a number if changes which led to the 2008 Cameroonian anti government protest and Constitution changes  d to longe  Paul Ayah criticized this constitution which tend to give the president full power to rule as he could appoint and dismisses he wishes. This led also to the taxi drivers strike over fuel prices produced by president Paul Biya plan to change constitution is applicable in Cameroon till date.

1.2. Statement of the Problem

The legal system as well as the sources of law applicable in the country has been significantly shaped by the dual English –French colonial legal heritage that has given rise to it dual system in the country  and such constitutional drafters and law makers have that as a general rule, a constitution must meet up with the challenging time multiple emotions of the people clearly demonstrated  by Adrian Vermeule, who held that , constitution  obsolesce rapidly and must be updated over time to reflect charges in the political setup.

Although not explicitly so stated, the Cameroon  Constitution is treated as the supreme law of the land. Article 2 [1] vest national sovereignty  in the people who exercise the either through the president of the republic and members of the parliament or by the way or referendum as seen in the  constitutional amendment of Cameroon.

This constitution is silent and inactive towards constitutional amendment in Cameroon. This is because the 1996 constitution provided two ways through which the constitutional amendment can be initiated, that is by the president of the  republic and the parliament and proposed amendment made by a member of parliament shall be signed  by at least one third of member of either house.

Because of this rigid clause this has always cause initiatives towards constitutional amendment to fail. For example in the case of taxi drivers  as illustrated in 2008 over fuel provoked by  the head of states plan to change the constitution to extend his 26 years rule which resulted in destruction and the killing of about 100 people  there by showing the supremacy or great influence of the council.

1.3 Objective of the Study

1.3.1 General Objective

Generally, this research is based on examining the 2008 Constitutional amendment carried out on the Cameroon Constitution.

1.3.2 Specific Objective

The specific objective is to examine the research that is the active and inactive of the council which was amended in 2008.

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