CBC, Ex-members' Affair : Parties To Know Fate In Week’s Time

Judgement in the matter brought against the Cameroon Baptist Convention, CBC, and its leadership by three former members will be passed on November 21, 2024 by the Yaounde Court of First Instance, Centre Administratif. The ruling was issued on Thursday, November 14, 2024 in Yaounde by Justice Theophile Georges Ntimba, President of the Yaounde Court of First Instance, Centre Administratif,  

Motions, Counter-motions
The resumed hearing - the second after the matter first came up on November 7, 2024 – was characterised by motions and counter-motions by counsel for both the plaintiffs and the defendants, the CBC. Before Justice Theophile Georges Ntimba adjourned the matter to November 21, 2024 for ruling. Which will be barely three days before decentralised CBC elections for national leadership holding on Saturday, November 23, 2024. 

Election Suspension As Target 
Thursday’s hearing saw counsel for the defendants (the CBC) handing their written submissions to the court in response to the case filed by the plaintiffs. In the accelerated matter, the plaintiffs - Chief Jacob Taku, Mr Emi Emmanuel and Albert Luma, all former members of the CBC – are praying the Yaounde Court of First Instance, Centre Administratif to suspend the decentralised CBC elections of November 23, 2024. Joined in the matter are CBC Executive President, Rev. Dr Nditemeh Charlemagne, CBC Chairman, Mr Yosimbom Mkong John, and the CBC.

Four Pending Cases  
Four similar cases by the same applicants are currently pending before Mezam High Court in Bamenda in the North West Region. The three former CBC members are praying the court in Yaounde for “An order for accelerated hearing between the plaintiffs and respondents; an order restraining the respondents from applying the supposed revised constitution; and for such further order as the honourable court shall deem fit and proper to make in the circumstance.” The immediate objective of the plaintiffs is to stop CBC nationwide elections from going ahead. 

Same Applicants, Not Same Respondents 
Not long after hearing resumed on Thursday, Justice Ntimba suspended it to give room for counsel for the plaintiffs to prepare their oral response motions. While the court continued calling other matters. When trial recommenced, counsel for the plaintiffs (Barristers Fon Robert, Changbuin Sanda Wilfred and Maitre Fernand Honoré Tagouemekong), argued that the motion submitted by defendants was deliberately distorted. And did not contain all aspects of the four similar matters they already filed before Mezam High Court. Thus, the motion should be dismissed, they insisted. They said though the applicants for the four matters in Bamenda were the same people, the respondents were not the same people. Insisting that the Yaounde Court of First Instance, Centre Administratif had jurisdiction to hear the matter. Contrary to what the CBC’s lawyers had moved. 

No Locus Standi 
Lawyers for the three former CBC members clarified that they wanted the decentralised elective General Session (elections) of the CBC to be suspended only in Yaounde. And not the 11 other electoral constituencies of the CBC across the country. Retorting, counsel for the CBC (Barristers Sonkwa Victorine, Ateh Jacob Fopah and Maitre Philippe Memong), moved that the plaintiffs did not respect the CBC Constitution in taking the matter to court. Moreover, the counsel submitted that Chief Jacob Taku, Mr Emi Emmanuel and Albert Luma are no longer members of the CBC. And so have no locus standi or the right to bring the matter to court. Lead Counsel for the CBC, Barrister Sonkwa Victorine and her colleagues emphasized that the three plaintiffs had not demonstrated their interest in the suspension of the forthcoming CBC elections. Given that they are no longer members of the CBC, and are not running in the said elections. 

No Need For Accelerated Action 
Barrister Sonkwa moved that before making any ruling on the matter, the judge must take into proper consideration the CBC Constitution. Arguing that there was no urgency for the plaintiffs to seek accelerated hearing of the matter since four similar matters are currently pending before the Mezam High Court in Bamenda. “As long as the plaintiffs remain dismissed from the CBC, they cannot contest any CBC decision,” Barrister Sonkwa pointed out.

Incompetent Jurisdiction   
She therefore appealed to Justice Ntimba as judge in a matter of urgent application to declare himself incompetent to rule on the matter. Especially as the four matters in Bamenda will be heard on November 19, 2024 – one of them concerning a ruling. “How can a constitution adopted on June 10, 2024 by over 800 CBC Christian representatives, voted against by more than 100 other Christians, with five null votes, be contested by three former CBC Christians,” Barrister questioned aloud. 

Why They Went To Court 
Speaking to journalists after the hearing, Maitre Fernand Honoré Tagouemekong recalled that his clients seized the Mezam High Court, demanding the annulment of the decisions expelling them from the CBC. The annulment of amendments made to the CBC Constitution on June 10, 2024 because due process was not respected. Contesting the status of those who carried out the constitutional amendments and who will be running in CBC elections on November 23, 2024.

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