Judiciary : Common Law Practice A Reality

Courts in the North West and South West Regions are effectively implementing the Common Law system, harmonised Criminal Procedure Code and the Penal Code.

Before the passing of the December 2019 law to institute the General Code of Regional and Local Authorities, part of which grants Special Status to the English-speaking North West and South West Regions of Cameroon, the Head of State, President Paul Biya had earlier taken special measures to ensure the respect and implementation of the two judicial cultures of the country. Following in the grievances of the lawyers of the Common Law extraction practising in the North West and South West Regions that came due to the judiciary culture inherited from Britain in which they did not want the French Law and language to be used in Courts in these two regions, the Head of State reacted promptly. He signed the decree of April 9, 2018 organising the structure and functioning of the National School of Administration and Magistracy (ENAM) one of whose major innovations was the creation of the Common Law Section therein. This was to train Magistrates and Court Registrars to serve in Courts in the North-West and South West Regions.  The Head of State also created the Common Law Section in the Supreme Court to handle appeal files against decisions of the lower Courts in Common Law matters.
The Special Status contained in the Law of 24 December 2019 just came to strengthen efforts that already existed.  Section 327 of the Code states that, the Special Status shall confer on the North West and South West Regions a specific organizational and operational regime based on the historical, social and cultural values of these regions with due respect to the primacy of the State and national unity and solidarity.  Section 328 (2) of the same Code further indicates that, “The North West and South West Regions may be cons...

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