Monday, October 29, 2018

Paul Biya will not be sworn in on 07 November


After the legal vacuum that has been debated in the post-presidential litigation of 7 October, we are heading towards a new exceptional situation. The electoral law provides for the oath of the head of state to be given in the presence of the members of the two chambers of the parliament together.

To comply with the legal requirement, the act of oath must have 4 signatures. It must be signed by the President of the National Assembly and co-signed by the Presidents of the Senate, the Constitutional Council and the Supreme Court. No delegation of signature is possible on behalf of the 4 co-signatories of the act of the presidential oath.

Three of the four personalities are almost certain to give their anointing to the oath of Paul Biya who will intervene in a few days. The case of the 4th signature is now under debate.

Deficiency of the President of the Senate?A legal vacuum in perspective.

The president of the Senate is also the 2nd personality of the country. This post is occupied for the moment by Marcel Niat Njifenji, 84 years old. The latter is currently staying in France for medical reasons.

Will Niat be present during the oath of Paul Biya? Otherwise, what does Cameroonian law provide in this context of possible lack of leadership of the 2nd personality of the State? A legal vacuum according to several analysts that the editorial staff of Camer.be contacted.

During the proclamation of the results of the presidential elections, Niat was represented by Aboubakary Abdoulaye, the first vice-president of the Senate.

On Monday, October 29, Cavaye Yeguié Djibril convened the National Assembly in ordinary session after consulting Paul Biya as provided by the legal texts. The 180 parliamentarians return to Ngoa Ekelle on Friday 02 November from 11 am.

It is in the hemicycle of Ngoa Ekelle that Paul Biya will take an oath by November 6 at the latest. Should Niat, convalescent in Paris, make the trip to Cameroon to fill the legal void thus identified? Can we grant co-signature by delegation without violating the legal requirement?

As a reminder, Paul Biya was declared elected in the presidential election of October 7 with more than 71% of votes.The incumbent president who is reappointed for a seventh consecutive term must take an oath not later than Tuesday, November 6, 15 days after the announcement of the results.

Extract. Law No. 2012/001 of 19 April 2012 on the Electoral Code, amended and supplemented by Law No. 2012/017 of 21 December 2012

CHAPTER VI OF THE OATH BENEFIT

ARTICLE 140 .- (1) The President of the Republic elected between in office as soon as he is sworn. This takes place within a maximum of fifteen (15) days from the proclamation of results by the Constitutional Council.

(2) He takes an oath before the Cameroonian people, in the presence of the members of the Parliament, the Constitutional Council and the Supreme Court gathered in a solemn session, in the following forms and terms:

- the President of the National Assembly receives the oath after a short speech that ends with the following formula: "Mr. President of the Republic, do you pledge honor to honorfully perform the duties that the people have entrusted to you and solemnly swear to you before God and the men of God. devote all your forces to preserve, protect and defend the Constitution and laws of the Republic of Cameroon, to ensure the general good of the Nation, to support and defend the unity, integrity and independence of the Cameroonian Homeland ".

- the elected President, standing with his right hand raised, in front of the members of the Parliament, the Constitutional Council and the Supreme Court, undertakes to do so by answering:

"I SWEAR".

ARTICLE 141. - (5) Five (05) authentic originals, signed by the President of the National Assembly and co-signed by the Presidents of the Senate, the Constitutional Council and the Supreme Court, are drawn up from the oath of office.

(2) One of the originals of the act referred to in paragraph 1 shall be kept by the General Secretariat of the National Assembly. Three (3) are deposited and kept at the rank of archives or minutes of the registry, respectively in the Senate, the Constitutional Council and the Supreme Court.

(3) A copy is given to the President of the Republic.


Source: camer.be