Here are the Resolutions Sent to Gov't by Common Law Lawyers

RESOLUTIONS MADE AT THE INAUGURAL ALL CAMEROON COMMON LAW LAWYERS’ CONFERENCE HELD AT BAMENDA IN THE NORTH WEST REGION OF CAMEROON 

We,Lawyers of the Cameroon Bar Association, of Common Law Extraction, which comprise the North West and South West Regions of Cameroon, 

·        Mindful of the Constitution of the Republic of Cameroon;

·        Mindful of the Charter of the United Nations;

·        Mindful of the Universal Declaration of the Human Rights;

·        Mindful of the United Nations International Covenant on Social, Economicand Political Rights;

·        Mindful of the United Nations Convention on the Protection of Minorities;

·        Mindful of the United Nations Declaration against all forms of Discrimination;

·        Mindful of the African Charter of Human and Peoples Rights;

·        Mindful of the non-implementation of the United Nations General Assembly resolution 1608 (XV) of 21st April 1961 on the future of the trust territory of the Cameroons under the United Kingdom administration. 

·        Mindful of all human rights treaties duly ratified by Cameroon. 

·        Mindful of the United Nations Trusteeship Agreement on Trust Territories 

·        Considering the need for the proper Administration of Justice in Cameroon 

·        Considering the movement of judicial personnel in recent years without regard to the Bi-Jural and Dual Educational System of the Country. 

·        Meeting this ninth day of May, 2015 at Bamenda in the North West Regionof Cameroon, after carefully and assiduously deliberating on a wide range of issues affecting the nature and quality of the administration of justice andthe rule of law in Cameroon, especially as they negatively impact the minority English-speaking members of this Bi-Cultural, Bi-Jural, Bi-Lingual Nation, takethe following resolutions; 

1.      We strongly condemn and oppose the bias nature oflaw making in Cameroon and particularly condemn the past discriminatory amendments of the Constitution; we demand Government to immediately take measures to call for a constitutional conference or a referendum for the amendment of the constitution. 

2.      We note the deliberate and well planned program of whittling away and replacement of the Common Law-inspired rules of Criminal Procedure, Civil Procedure, and of Evidence,  with  a system andculture of French-inspired or copied Civil Law and strongly and unequivocally reject this process and practice and demand the restoration of the referred Common Law-inspired Rules of practice and Procedure.   The spirit of interpretation of harmonized laws within the South West and North West Regions should be common law inspired; inparticular, the Criminal Procedure Code (CPC), OHADA UNIFORM ACTS, Cima Code,etc 

3.      We oppose and reject the progressive replacement of Common law inspired rules and principles of substantive law in such areas ascontract, tort, land law, family law, etc. and call for their restoration within the Common Law jurisdiction in strict respect of the bi-jural nature ofour country and in keeping with the Country’s Constitution; 

4.      We strongly condemn the absence of independence ofthe Country’s Judiciary and the domination and control of the judiciary by theexecutive with the resulting loss of a truly transparent, credible and independent system of administration of justice and its attendant unpredictability and call for an immediate review of the justice sector of the country with a view to rendering it more Just, Functional, more credible, less corrupt, independent, dependable  and reliable in the service of justiceand a truly democratic society; 

5.      We deplore the lack of independence of the CameroonBar Association. 

PROPOSALSFOR A NEW DIRECTION IN THE JUSTICE SECTOR IN CAMEROON: 

1.      We demand an Independent Bar Association free ofany Government Supervision and Control. 

2.      We hereby propose a new direction for the future ofthe Justice Sector in Cameroon and recommend the creation, of a national, Independent Law Reform/Review Commission comprising principally, Practicing Lawyers, Jurists and Judges.

3.      We therefore recommend that:

  i.           The government should halt any project on the harmonization of laws until the national law commission is put into place and functional. 

  ii.           All Judicial Processes and proceedings in the Common Law Jurisdictions should be conducted in the English language - in criminal matters; this should be from interrogations through investigations to hearing and Judgment. 

  iii.           The Two Divisions of Common Law and Civil Law be clearly defined and operated side by side in ENAM and the quota of intake in both divisions known in advance. Only common law trained Magistrates to be posted in the South Westand North West Regions and Civil Law Trained Magistrates to the Civil Law Jurisdictions. 

  iv.           That the Educational System in the South west and North West Regions shouldnot be adulterated, English speaking citizens should have their studies in the English language from cradle to professional life. That all Public Examinationsbe organized in two Poles; English and French with none being translated fromthe other and the quota in both poles known in advance. 

4.    We demand the establishment of TWO chambers of the Supreme Court of Cameroon that represent the Common Law and Civil Law System,with Judges appointed to the Chambers from Common Law and Civil Law backgrounds to address legal issues from both legal cultures respectively.  In this regard, we propose the appointment of Judges from the Private Bar into theVarious Courts of Justice of the Common Law System. 

5.    We recommend the amendment of law no. 90/059 of19th December 1990 to organize practice at the bar and make provision for the creation of Law Schools.

6.    We propose the creation of a National Council of Legal Education to ensure the direction of legal education in the Common Lawand Civil Law jurisdictions, develop curricula for academic and professional
training of lawyers and to set up and supervise a system of continuing legal education for Lawyers, Prosecutors, Judges/Magistrates and other judicialactors. 

7.    We also reiterate our previous resolution unanimously endorsed at the Cameroon Bar Association’s General Assembly in Bueaon the 28th day of June 2014; that no Notaries be appointed in the North Westand South West Regions of Cameroon. 

8.    We have observed with utter dismay that there has been and continues to be a lack of protection with regard to the rights of the minority(Anglophone Cameroonians) as provided for in the constitution of this bi-jural, bilingual and bi-cultural nation. It is obvious that the rights of the Anglophones in Cameroon in the spheres of education, socio-cultural values,administrative set ups etc, are continuously and systematically being eroded with a view of imposing the socio-cultural and administrative views of the French and or Civil heritage of the majority Francophone Cameroon. 

9.    We demand that the State should exercise its Constitutional duty to protect the Anglophone minority and by so doing, protectour history, heritage, education and cultural values. Consequently for the better protection of the minority Anglophone Cameroonians and the Common Law heritage, we strongly demand a Federation. 

10.                    We hereby give Government a reasonable period from the date of deposit of these resolutions through the Bar Council to react positively to our demands, failing which this conference shall take the necessary disposition within the national legal frame work and if dissatisfied, seek further redress from international dispute resolution fora as shall be deemed appropriate. 

DONEAT BAMENDA THIS NINTH DAY OF MAY 2015.
SIGNEDAND ENDORSED BY ALL PARTICIPANTS PRESENT AT THE CONFERENCE. 

When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)

PCC Moderator, Synod Clerk Visit Donga Mantung Presbytery (PhotoNews)

When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)

Donga Mantung: Visiting PCC Moderator Urges Christians to be Patriotic

Rev. Fonki

The Moderator of the Presbyterian Church in Cameroon, Rev. Fonki Samuel has called on PCC Christians of the Donga Mantung Presbytery to be patriotic in their way of life. In his sermon titled: Don’t Give up, PCC Moderator told the story of a poor woman who had no status before the law but resisted injustice. Injustice, corruption, embezzlement, capital flight have chopped the foundation of humanity giving room to egoistic systems of governance in Africa. Rev. Fonki Samuel also decried that the judiciary which is supposed to serve as the watchdog is unfortunately estranged in Africa by authoritative regimes. This egoistic system of governance, he lamented is partially or is responsible for the vice. While congratulating the 111 congregations that make up the Donga Mantung Presbytery and their partners in Germany for the numerous projects achieved, Rev. Fonki Samuel equally called on the Christians to use their products. He said PHS Nkambe should be the pride of Donga Mantung Division given that it also ensures the right moral upbringing of youths. On the Mbembe Project, he urged the Presbytery to reflect on how the project to could be transformed into generating income. He also used the opportunity to call on the Christians to pray for pastors’ inorder to encourage them to serve as good leaders in the various communities.

Rev. Titatang Kingsley on his part, presented a message from the friendly (church partner) in Germany. On the other hand, the mayor of Nkambe, Ngabir Paul Bantar told the Moderator that people the people Christians could elect him to pilot the affairs of the PCC, God had earlier elected him to the duty post. He said that even though the church as challenges, “the church is equally up to the task”. He concluded by calling on the PCC to maintain its frontline position as mainstream church.

Rev. Eyakwe Joseph Tata Nagunda, Donga Mantung Presbytery Secretary in a briefing with journalists said he was satisfied with the recommendations of the Moderator and the fact that PC Nkambe was sanctified as a worshipping house. Rev. Eyakwe also used the opportunity to express a message of thanks to their partner in Germany as well as called on the population to send their children to PHS Nkambe, which he said, is the citadel of standards. He also expressed gratitude to the Moderator for the scholarship program that he has offered to students and would be students of PHS Nkambe.

Hon. Awudu Mbaya

It should be recalled that a sum of FCFA 1,865,350 was raised to refurbish the Nkambe town Presbyterian Church. The fundraising which took place under the chairmen’s hip of the Mayor of Nkambe, Ngabir Paul Bantar, Hon. Awudu Mbaya, Questor at the National Assembly and SDO for Donga Mantung gave the church a new way. Talking to journalists at the end of the day, Hon. Awudu Mbaya said that considering the importance of the event, he had to travel from Yaounde to Nkambe to be part. According to Hon. Awudu, the Church has a duty to check societal excesses and the PCC has been doing it with a lot of dexterity. He described Rev. Fonki as a chosen God servant and messenger. Accordingly, Hon. Awudu said he appreciated the message of the Moderator given that the church (House of God) should not be a place of gossip, backbiting, slanders and all sort of obnoxious acts. Christians, he said should live in Love, peace and harmony.

It should be recalled that while in Donga Mantung Division, Rev. Fonki Samuel was crowned with the traditional title of Ta Nformi, while the Synod Clerk was also honoured with the Tamfu.

Profile of Moderator and Synod Clerk

Rev. Eyakwe Joseph Tata Nangunda

The Rev. Fonki was born on November 23, 1965 in his native village of Bombe in Akwaya, Manyu Division. His educational career started at St. Paul Primary School Bombe, culminating with a Masters Degree in Applied Theology at the University of Birmingham in the United Kingdom. He has served the church in different capacities ranging from Parish Pastor to Presbytery Secretary in different presbyteries and also as Direct Partnership Secretary of the PCC.

He is married to Rev. Dr. Perpetua Fonki, a lecturer at the Cameroon Christian University – Kumba Campus and they are blessed with a son, Fonki Samuel Forba Junior.
Rev. Babila Fochang

Rev. Babila Fochang hails from Bali Nyonga. He has served the church in several capacities including as Parish Pastor, Chaplain, Presbytery Treasurer, Presbytery Secretary, and Lecturer at the Presbyterian Theological Seminary Kumba where he also served as Liberian, Director of Academic Affairs and Registrar.

He is married to Rebecca Kakubad. They are blessed with a son, Fambuh Emmanuel.

When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)

Anglophone Lawyers Tell Gov’t to Reinstate Federal System in Cameroon or else…..

Common Law Lawyers have issued a memo to government requesting that a federal system be reinstated in Cameroon whereby both the Common and Civil Law can function independently. The memo which has been described by impressionists as the beginning of the Anglophone revival in Cameroon so they say is creating panic in Yaounde.  To key speakers like Barrister Bobga , Barrister Eta  Bissong Jr and others, it is time for the cacophony to stop given that “with the Federal system, the two will function independently”. In a strongly worded memo, the lawyers gave government six months to look into their problems or else, they (the lawyers) will take drastic measures and or maybe behave the way Scottish lawyers did.  The measures we gathered include tabling the matters to the international courts and maybe be go to the street to express their anger. The lawyers also called on the powers that be, to respect the bicultural nature of Cameroon as well as interrupt all attempts to assimilate Anglophones of the former Southern Cameroon. The request giving government six months is the outcome of the ‘All Anglophone Lawyers’ conference’ that held at the St. Joseph’s Cathedral, Mankon, Bamenda on May 9, 2015.  The Bamenda conference also urged lawyers to enter into politics so as the effect the much needed change. “Lawyers should enter into politics to rule the country and not allowed to be ruled by illiterates and truck pushers”, they vomited. They also argued that if lawyers enter Parliament, they would be able to right many wrongs in the country. On his part Barrister Eta Bessong Jr called on all the Common Law lawyers to join their voices in order to tell the powers that be to stop the onslaught. The lawyers also decried the attempts to assimilate the Anglo Saxon sub section of educational adding that “it is time for records to be set straight for a peaceful coexistence of all Cameroonians.”

The lawyers also observed that it is a misfortune that the train of harmonization and the much talk about policy of Cameroon being a bilingual country has been null. According to Barrister Kemende Henry, North West Representative of the Cameroon Bar Association, recent happenings at the level of the North West Court of Appeal and the South West Court of Appeal jurisdictions and the convening of the Bamenda Conference are indicative. Accordingly, Barrister Kemende said that this state of nature has made the Cameroonians Common Law lawyer to be seen as defending what is unknown to them, and what no longer applies in England where it originated. 

When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)

Ousted Fon of Bamali Arrested, Detained at Bamenda Prison

Fon Idrisuh

Ousted Fon of Bamali, Fon Idrisuh Nopu Sahfua is reportedly detained at the Bamenda Prison. According to sources linked to the office of the Senior State Counsel for Mezam, Idrisuh Nopu Sahfua was arrested on May 4, 2015. The Eye is aware that in 2013, allegations were rife at that (he) Idrisuh was suspected in an attempt murder case. Yet the matter was in court pending judgement as the purported hired assassin was languishing in jail. Matters came to a head when Fon Idrisuh was arrested and detained even though a judicial officer, and second class chief.

 However, all eyes are now turn towards the court for Fon Idrisuh to proof his innocence in the matter. Allegations abound that Fon Idrisuh was later released while his detractors say he was granted bail.

Classified sources hinted that the administration of Ngoketunjia is in shock. Besides, it is also aired that Ngoketunjia SDO summoned an emergency meeting on May 5, following the arrest of the ousted fon who happens to be a Gendarme at Brigade Research in Bamenda. Ever since Idrisuh was dethroned by the population, the village the village has recorded series of crisis. Of late some 13 villagers were arrested and are currently detained at the Bamenda Prison. This was during a brouhaha that erupted on December 29, 2014 between the villagers and soldiers.

It should be recalled that Chombong Lanu Michael, head of the Bamali traditional council had lamented in a report submitted to the Governor of the North West he stated that on Monday December 29, 2014 at about 1:30pm, five vehicles carrying armed police, Gendarmes and soldiers drove into the palace at the moment the traditional council was holding a session.  “On their arrival at the fon’s palace, they caught, beat and ordered everybody to lie down. According to the Chombong, the raffia wine that was left in the pot was poured on them and they were as well administered snake beating. He revealed that matters came to a head when the same law enforcement officials started breaking doors and windows of the innermost part of the palace. “Even bulbs, furniture and palace artifacts were not spared. Some went up to the market square adjacent the palace and some private homes in the neigbourhood, beating up everybody they met and seizing money, telephones and other belongings”.  He reiterated in his report that the same law enforcement officials made away with all the money contributed for the “council njangi” and all the documents. He also mentioned that the fon was heavily brutalized and he (the fon) sustained injuries on his face, back and right arm. “The fon told us that the D.O Mr. Poss Alex-Francis personally seized and took away his brief case containing all his credentials and money”, he noted. The Bamali traditional council head also underlines that the queen mothers (women) were molested including a ^rd Deputy Mayor of Ndop council was damaged with bullets. “Most of the victims are still in the hospital receiving treatment while some have been transferred to Bamenda and Mbingo Baptist Hospital”.

Some people are pointing accusing fingers at the administration of Ngoketunjia given that the SDO had some years back issued a letter to the Governor requesting 400 elements (2nd category) to help him reinstate the ousted fon of Bamali, Fon Idrisuh Nopu Sahfua. On the other hand, another opinion holds that the fon who happens to be a Gendarme officer was amongst the looter camouflaged in military uniform. It is even alleged that when matters escalidated the same administration surfaced with a letter in which allegedly Bamali village had threatened to invade Bamuka. In reaction to that letter, the Mayor of Ndop council discarded such a claim adding that “his villages will never go to war against another”. He said those who claim that some youths were being trained to invade Bamuka are telling lies. Popular opinion in Ndop holds that the issue of Bamali village planning to invade Bamuka was a fabrication of the administration to conceal the administrative error committed that escalidated into a blood bath “Where are the guns that were kept in the palace”, Emmanuel Nken one of the villagers questioned. He told this reporter that he moved to the scene and talked to the population and even cleared off the road blockages to ease the movement of commuters who were caught in the web at Bamali 3 Corners

When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)

Floyd Mayweather’s Ex-Girlfriend Sues Boxer for Defamation

The Associated Press (Screenshot from a USA Today news report and AP Photo)

LOS ANGELES (AP) — The mother of three of Floyd Mayweather Jr.’s children sued the undefeated boxing champion for defamation over his recent comments about her and a 2010 domestic violence attack in Las Vegas. Josie Harris filed the lawsuit Tuesday in Los Angeles Superior Court, days after her ex-boyfriend defeated Manny Pacquiao in a highly anticipated bout. Mayweather’s attorney Shane Emerick said he hasn’t been served the case and declined to comment Wednesday. The lawsuit focuses on comments Mayweather made during an April interview with Yahoo News anchor Katie Couric in which he said he was restraining his ex-girlfriend and that she was on drugs at the time of the incident. The lawsuit calls Mayweather’s comments “utterly false.” Mayweather was arrested and charged with domestic violence after a hair-pulling, arm-twisting attack on Harris in September 2010. Two of their children witnessed the attack, which Harris’ lawsuit states occurred because the boxer was jealous of her relationship with another man. In 2012, Mayweather served two months in jail after pleading guilty to a misdemeanor charge. The boxer told Couric, “Did I restrain a woman that was on drugs? Yes I did. So if they say that it’s domestic violence, then you know what, I’m guilty of restraining a person.” “The statements by Mayweather during the Couric interview were totally and unequivocally false and defamatory,” Harris’ lawsuit states. “The true facts are Harris was not a drug-abuser or drug-addict.” Harris, who according to the suit is seeking to become a television personality, is seeking $20 million, although a jury would have to decide any actual damages award. The boxer was sued last year by his ex-fiancee, Shantel Jackson, who claims Mayweather beat her during their relationship and later publicly humiliated her by posting on social media a sonogram of her pregnancy and saying they broke up because she got an abortion. Mayweather is seeking to dismiss Jackson’s lawsuit and a hearing on his motion is set for June 8. - See more at: http://www.afro.com/floyd-mayweathers-ex-girlfriend-sues-boxer-for-defamation/#sthash.SMQa01pW.dpuf

When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)

Nigeria–Africa’s largest economy–is having trouble paying its workers

Earlier this week, Nigeria’s Finance Minister, Ngozi Okonjo-Iweala, revealed the Nigerian government had already used over half of the amount set aside for borrowing in its 2015 budget, to pay salaries and overheads of its workers.

Nigeria is dependent on crude oil for most of its revenues meaning the country’s finances have been hit by a slump in crude oil prices since last June.  Although prices have inched up slightly since then to around $65 for now, they are nowhere near the $100-plus mark it averaged for the 3 years previously.

This all means paying workers, rather than dealing with security problems or fighting corruption, will move swiftly near the top of incoming president Muhammadu Buhari’s agenda when he takes office on May 29.

An increase in the minimum wage in 2010, coupled with an already bloated federal civil service, mean that personnel costs already outstrip projected oil revenues, and nearly a trillion naira has also been set aside to service existing debts.

The vast majority of Nigeria’s 36 states survive on allocations from the federal government, and since these allocations are dependent on oil revenues, they fluctuate with crude prices. The chart below shows the sharp decline in the amounts given to states to meet their obligations, and many of them are owing their workers months in unpaid salaries.

The phenomenon of unpaid salaries in Nigeria’s public and private sector is nothing new. In fact, the practice could be said to be endemic. It’s never a surprise in local media to learn about workers or pensioners in one government ministry or agency staging protests or embarking on strikes over unpaid salaries and pensions. The private sector is not much better.

The issue right now is that the problem is now in overdrive, with as many as 22 of 36 states owing their workers. Buhari, along with the new and returning governors will have to devise means of freeing up revenues that will keep government going. On a visit to Buhari, state governors from his own All People’s Congress (APC) political party even asked the president-Elect to consider a bailout.

Removal of fuel subsidies and right sizing of the civil service are two of the more obvious –but politically charged – steps that the federal government can take.  In fact president Goodluck Jonathan’s government has said it will slash fuel subsidies by 90%  by gradually phasing out the subsidies.

And last month the governor of Nigeria’s Central Bank, Godwin Emefiele, recently suggested selling off  government stakes in joint ventures with multinational oil companies in order to raise money for infrastructure projects. This solution is also controversial, but if the case can be made that the national oil company, NNPC, is beyond reform, a fact highlighted by the recent release of a forensic audit of the national oil company, then it could be easier to swallow.

For as long as lower oil prices persist, the states will also have to get creative with increasing their Internally Generated Revenues (IGR) and cost cuts, by focusing on encouraging enterprise which will generate jobs, reducing the number of civil servants at state level, and properly exploiting the solid minerals present in a number of states.

Whatever course of action is embarked on by Nigeria’s government at federal and state levels, the adjustments will be tough. They must have the political will necessary to make the hard decisions

Source: Quartz

When News Breaks Out, We Break In. (The 2014 Bloggies Finalist)