Ashu Nyenti Replies FAKLA as they Rebel against Last Judicial Council decision

 Reply: FAKLA Press Release

I have read with keen attention the Press Release of the Fako Lawyers Association, FAKLA, that sanctioned their meeting of 19th August, 2020. I have also taken note of the main thrusts of their arguments, itemized in paragraphs and corresponding resolutions thereto.  In consideration of which I humbly make the following observations:  

1. As a citizen, i salute the conciliatory and non-bellicose tone used to discuss the issues raised, in these very delicate and challenging times and effectively utilizing their force of proposal.  See resolutions   4 and 6

2. I find it incongruous or not in harmony for FAKLA to combine issues that concern the Bar Association generally with issues that are restricted to the subject matter of its Press Release. See paragraph 2

3. That contrary to the assertion in paragraph 5, the dialogue took place from 30 September- 4 October 2019 and not in 2018. It was a major national dialogue and not a GND. Secondly, no resolution was reached at the dialogue, rather there were recommendations and proposals. That in any case that dialogue couldn’t have taken any ‘resolution’ on the application of the common law in the NW and SW because the Constitution has already taken care of that.

4. That though the appointment of civil law trained magistrates in the legal department (see paragraph 8) and fortunately not at the Bench may be a legitimate  source of worry, the number (only three and in one division) out of   the total number in all the 13 divisions, is insignificant so as to attract the ire of the much respected FAKLA at this initial stage. As the maxim goes diminimis non curat lex”. That the special trainees from ENAM, just making their first steps may be to young professionally to “man” jurisdictions in the two regions.  

5. That contrary to the assertion in paragraph 9, there are no common law nor civil law judicial police officers in Cameroon. In fact, the training of the police in Cameroon obeys a uniform training code, whether or not the individual police people are Anglophones.

6. That contrary to resolution 6, the government as an entity does not make changes to the law, but the President of the Republic does. The two are not necessarily the same. See Section 25 of the Constitution. 

It is pertinent to argue that FAKLA, just like any other legal partner has a big role to play to entrench the rule of law in Cameroon. It is necessary for them to continue to engage the government and make plausible proposals where desirable as a way of pushing back the frontiers of irrationality and arbitrariness.  

However, to any extent they can only propose and not substitute themselves for the competent legislative and executive authority. That is the positive theory of law.  

ASHU NYENTY (Jurist, Political Scientist and Journalist).