ASSESMENT OF THE JUDICIAL INDEPENDENCE AND ACCOUNTABILITY IN CAMEROON

CHAPTER ONE
1.1. GENERAL INTRODUCTION

Judicial independence is the idea that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private partisan interest. Most constitutional theories require that the judiciary is separate from and independent of the government, in order to ensure the role of law. That is to ensure that the law is enforced impartially and consistently no matter who is in power, and without undue influence from any other source.
judicial independence and accountability are vital conditions for enhancing the judiciary’s role in advancing the rule of law, good governance and effective human rights enforcement.

There is nevertheless a potential tension between accountability and independence. That tension is particularly Saddening in a system of accountability that relies heavily on the political branches. Excessive political accountability may undermine both the institutional independence of the judiciary and personal independence of judges by creating career oriented imperatives for acting in favor of the political branches.

Political accountability, as understood here, refers to the extent to which judges are accountable to other branches of government for such issues as tenure, terms and conditions of service and appropriation. Cameroon’s political accountability model places the judiciary in a subordinate position to the executive, given that the judiciary relies entirely on the executive for appointment, promotion, discipline and remuneration through mechanisms which are neither transparent nor objective. The absence of transparency or objectivity has facilitated the arbitrary use of those features to inappropriately control the judiciary and to victimize individual judges who have failed to unduly protect the interest of the executive.

Thus, while the Constitution recognizes judicial independence, the judiciary is structured in a way that makes it wholly accountable to the executive to the point that independence is severely compromised. In the light of these observations, the article explores possible approaches to achieving a more appropriate balance between independence and accountability through constitutional reform.
The independence of the judiciary in Cameroon is guaranteed by the constitution. The constitution states that the Supreme Court, the court of appeal, and tribunals shall exercise judicial power.

It further states that judicial power shall be independence of the executive and legislative powers. By virtue of article 37 sub 1 of the constitution “justice shall be administered in the territory of the republic in the name of the people of Cameroon. The word “justice” according to Rawls is the first virtue of social institutions as r=truth is of systems of thought. “He noted that in”…Justice as fairness, the original position of equality corresponds to the state of nature in the traditional theory of social contract. In the context of social contracts theory justice as fairness simply means the observance of rights, duties and obligations on the part of both the governor and the governed. Is is the ability to strike a balance between guaranteeing the fundamental rights of citizens by the governed.

1.1.1BACKGROUND TO THE STUDY

Cameroon is a sovereign country in the Central African Sub Region. Cameroon practices a decentralized system of government; she adopted the concept of separation of power from her colonial masters and still practices it till date.
The term “Separation of powers’ ‘ was coined by Charles-Louis de Secondat, baron de La Bre de et de Montesquieu,an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and Jurisprudence. Under his model the political authority of the state is divided into Legislative,executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.
Separation of powers therefore refers to the division of government responsibilities into distinct branches to limit any branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balance.

Cameroon is a democratic state. And the Judiciary being one of the three pillars of modern democratic state is indispensable to the process of checks and balances which are so important to the way states are meant to operate and function. Thus, the constitution must provide means of effective checks and balances on the exercise of power. The Cameroon constitution prescribes the separation of powers into legislative, executive and judiciary. Consequently, a system that does not respect or adhere to separation of powers and constitutional supremacy is a major impediment to the promotion of judicial independence and democracy.

1.2 STATEMENT OF THE PROBLEM