Biya under pressure to relinquish power to Higher Judicial Council

Following the many court cases being filed against the Cameroon Government at the African Commission for Human Rights, the Journal has learnt from diplomatic sources in Yaounde that President Biya is being pressured to hands-off chairmanship of the Cameroon Higher Judicial Council (HJC).

Also under pressure to leave the council is Laurent Esso, Minister of Justice and Keeper of the Seals, who serves in the council as vice president. The HJC appoints staff of the judiciary department in Cameroon, including magistrates and Supreme Court judges as well as promotes and punishes those who exhibit misconduct.

The African Commission on Human Rights ACHR, is said to be concerned that in Cameroon, the judiciary process and the courts are put at the mercy of the executive with the President and Justice Minister as heads of the HJC.

Our sources said the current set-up is making Cameroonians to choose to go abroad to seek justice on the excuse that judges who pass verdicts that disfavour the government may be persecuted by the Judicial Council.

The pressure is said to have been intensified after Colonel Etonde Ekotto, jailed Board Chairman of the Douala Ports Authority took the Cameroon Government to the African Commission, also known as the African Court, last May.

Michel Thierry Atangana who was jailed along with Titus Edzoa for embezzlement of public funds and later pardoned by a presidential decree after years in jail has also sued abroad to seek justice against the Biya regime.

The recommendations have not been respected by the Cameroon government which is a key member of the African Union, AU and signatory to the decision creating the court.

Biya’s seat at the Council has also provoked criticism that there is no separation of powers between the judiciary and the executive. Besides that, litigants have also argued that as far as President Biya remains head of the Judicial Council, anyone who sues the government at home cannot have a fair hearing. It would be like the defendant being an advocate and judge at the same time.

The move is seen to enshrine the independence of the courts from the executive and also to save the country the embarrassment of being sued abroad by its own citizens.