Monday, November 26, 2012

Article 66 on Declaration of Assets: Teche Nyamusa Petitions High Court on Biya, Tchiroma Case


Biya, Issa Tchiroma Case
I, Felix Teche Nyamusa, SDF Mbengwi parliamentary hopeful, applicant of suit No HCM/255M/2012 which prayed the ordering of President Paul Biya and minister Issa Tchiroma to comply to article 66 of the Cameroon constitution has instructed my counsels to petition the president of the appeal court following the final rejection of a motion to relist the case in the Momo high Court.
    Suit No HCM/255M/2012 was instituted in the High Court of the Momo Division Holden at Mbengwi. It prayed for an order that the respondents, Biya and Issa Tchiroma declare their assets in line with
the 1996 Constitution which warrants them to
1.  Declare their assets as at time of taking of oaths of office on their assumption of duties as president of Cameroon and Minister of Communication in their most recent tenure respectively.
2.    An order restraining the second respondent from holding press conferences, granting interviews and preparing write ups propagating the non-declaration of assets by the relevant civil servants prior to
their taking of office or assumption of their duties – Tchiroma had mocked Cameroonians that article 66 of the national constitution on declaration of assets is not necessary – that government had put in
place other outfits like CONAC to fight against corruption.
3.    An order that the respondents jointly and severally pay to the applicant the sum of FCFA 1.000.000for each day they fail to comply with order one and or two above. Unfortunately, but characteristic of Cameroon Judiciary, the Court while the matter was still pending assignment , without my knowledge or that of my counsels, the matter was arbitrarily dismissed, in the absence of all the parties in a session held in Camera. This once more exposes the well documented kangaroo nature of Cameroon justice-rendering system. We are convinced that the judgment was capricious. It infringes on my right as applicant and those of my counsel to fair hearing of their client. The explanations tendered by the judge in the consequent ruling are laughable and flimsy. My counsels and my self are confident that the reasons advanced by the Momo high court judge, in Chambers, are easily debunked. According to the Mbengwi Court President (Julius Nchu), both respondents do not reside in Momo division, the jurisdiction of the Court, Here we say:
No - Biya is the national president of Cameroon. He has residence in North West, at Upstation (Bamendankwe). Branches of the presidency are found in the division - the gendarmerie, police, delegate general of national security are attached to the presidency. These units of the presidency are all found in Mbengwi thus Biya –national President of Cameroon has residence in Momo contrary to the judge’s claims.
Julius Nchu maintained Biya has absolute immunity from legal action as head of state - we find faults here. The President has immunity on criminal matters but violation of article 66 of the constitution is a
civil matter, hence warrants damages – a civil matter. The momo high Court questioned my capacity to sue the president. I will not hesitate to state that the judge has refused to read properly my motion – that I am a concerned Cameroonian. Biya supposedly voted by Cameroonians ought to be answerable to them, which include litigations -   this is obtained in other democracies world wide. Other childish reasons were advanced by the judge who would have simply clearly been clarified by my counsel, but for Nchu’s decision or ruling taken in Camera, without the knowledge of all parties.
    The above and more reasons have forced us to move a motion for the file to be set aside. My counsel filed for a motion to relist the case. The motion for relisting was deposited more than three months ago 6th August 2012 (copy is attached) .The court dragged its feed on it till date. The chief registrar Mr. Atabong like the  Momo high court judge, Juluis Nchu Claimed, that the President of  the Court of appeal ( PCA) for North West region told them not to entertain the matter. My Counsel left the Court premises finally 23/11/2012 disappointed. The PCA reportedly scolded Mbengwi Court for even registering the matter in the first instance. We were thus asked to go for appeal in the appeal court of the region. Thus I have ordered my counsels to petition the PCA. This matter arbitrarily judged in the absence of the parties ought to be relisted. The applicant ought to be heard, on merit. How ever we on behaved of down trodden , marginalized Mbengwi people in particular and Cameroonians in general are ready to
take this matter to its logical conclusion. The President, Ministers, directors etc as prescribed by the supreme law of the land must declare their assets. This will nib corruption in the bud and enhance
development. An otherwise rich country, Cameroon, has been rendered poor. It has been turned totally into a consumer economy with nearly all citizens particularly the youths thinking all possibilities to
emigrate to the Diaspora for greener pastures, against all the dangers involved. I urge all Mbengwi people and Cameroonians in general to flush out the regime. Lets come out massively and register and
eventually vote and also very important defend by all cost the votes.
Countries around us are dethroning dictators - we are not an exception. The regime has completely failed the Momo man in general when it concerns access roads. The once famous Acha-Tugi general Hospital Mbengwi is today a shadow of herself because of bad roads. Our farm products can not get to the markets because of bad roads. The roads and other abandoned projects are this bad because those in charge embezzle the funds for such project with impunity. Hence the Cameroon constitution article 66 on assets declaration must be obeyed.
    Some local opposition politicians have succumbed to the Biya Intimidation. They tell us that it is wrong  to sue Biya – wrong - President  Paul Biya is lucky that he is only being sued after treasonably plundering the economy for more than three decades .In the first president, Ahmadou Ahidjo era , the roads through the subdivisions of Momo though earth were pliable. There were constantly maintenance workers on them. Today the suburbs have been completely abandoned. This is clearly ad variance with my party the SDF, and the opposition in general, wish for grass root development.
President and his Minister are not above the law. They should comply with the provision of the Constitution.
God bless Mbengwi, Cameroon

Felix Teche Nyamusa SDF Mbengwi parliamentary hopeful23/11/12

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