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Wednesday, October 17, 2018

Electoral dispute: abused, the Constitutional Council indexes Paul Biya

The President of the Constitutional Council sitting under the tutelary eye of the incumbent presidential candidate. The construction of the jurisprudence of bias? 

It was a real twist on Tuesday, October 16, 2018, at the opening of the examination of electoral disputes by the Constitutional Council, judge of the regularity of elections in Cameroon, where despite the deployment of arguments of common sense and incontestable by the candidate Maurice Kamto and his Council, the highest judicial institution of Cameroon rejected his request for disqualification of some of its members.

The lawyers constituting the defense pool of Mauritius had however taken care to expose to President Clément Atangana and to the Honorable Members of the Court, the legal arguments pleading for the challenge of the members of the Council indexed: their political affiliation marked by the high responsibilities assumed by some within the ruling party Rdpc, whose leader, president of the outgoing republic, was a candidate for the presidential election of October 7, 2018 quarreled, the position of one of them having called in May last to vote for Paul Biya who was not even a candidate, the fact that he is also Chairman of the Board of Directors of a state company and President of the Court of First Instance of the Francophonie, not to mention the Honorable President of the Council itself, still practicing the profession of lawyer and husband of a deputy elected under the colors of the party in power.

Any situation that violates certain relevant provisions of the 2004 Act instituting the Constitutional Council, in particular those prohibiting members of the Board from carrying out any activity or mandate likely to undermine their independence or even their dignity.

Despite all this debauchery of energy, the Constitutional Council, which had however been requested by the applicants' lawyers to take its responsibility as judge on the merits of the alleged facts, kicked in with a unanimous rejection of its members. request for the revocation of its members implicated for incompatibility, while the facts were obvious and burst their eyes. Counsel will argue that the candidate Maurice Kamto did not have standing to make this request. According to the Honorable President Clement Atangana, only the authority that appointed the members of the council can dismiss them. That is to say, the President of the Republic, candidate of the Rdpc in the presidential election in question. A candidate whose giant portrait overhung the wall of the room of the Constitutional Council sitting for the occurrence in matter of electoral disputes.

At the end of this first part of the examination concerning the request for disqualification of Maurice Kamto that was put under advisement, we had the impression to turn in a ring.

In the opinion of many people who attended this hearing, it would have been damn annoying were the pleas of the lawyers of Maurice Kamto, and later, the lawyer Cabral candidate Libii Li Ngué Ngué whose cause was still heard when we put online.