Saturday, October 13, 2018

Presidential election results: heavy accusations against the Constitutional Council


The media outlet of Mauritius Kamto, Mrc candidate who, on October 8, proclaimed his victory after the election on October 7, led to an outcry. A press conference was given urgently by the Rdpc and its allies.For Issa Tchiroma who took part, claim his victory while the Constitutional Council, body that alone has the power to do so under the law, has not yet delivered the verdict, is a matter of witchcraft and conjuring. . He also took the opportunity to remind him that if Kamto wants to destabilize Cameroon, he will face the strength and rigor of the law, as well as the entire nation.

But in fact, a question arises: should we trust the results that we will deliver the constitutional council in the time allotted to him (15 days)? Let us doubt it.

Article 5 (1) of Law No. 2004-5 of 21 April 2004, establishing the status of the members of the Council, states that "the members of the Council Constitutional must refrain from anything that could compromise the independence and dignity of their functions ". Article 06 stipulates that "Each member of the Constitutional Council undertakes to respect the obligations provided for by this law in order to preserve the independence and dignity of his office". However, if we first take the case of the President of the Constitutional Council, Clement Atangana, it is common knowledge that his wife MP Nyong Rdpc and So'o. Can it be neutral in this case?

In the same vein, board members are members of the ruling party. Emmanuel Bondé is a member of the political bureau, and a full member of the central committee since 2011. Jean-Baptiste Baskouda and Ahmadou Tidjani are members of the central committee, appointed since 2011. Article 5 of the 2004 law mentioned above mentions that board members are prohibited from "occupying positions of responsibility or direction within a party or political party, partisan or trade union association and, more generally, in any way their political or trade union membership ".

Just as they are also prohibited from "pleading or participating in arbitration".Joseph Bipoun Woum is the president of the Conciliation and Arbitration Chamber of the National Olympic and Sports Committee of Cameroon (CNOSC). He is also a member of the CPDM.

The same law also prohibits the members of the council, "the exercise of any other public, civil or military employment". Jean Foumane Akame, who also signed a motion of support calling for the candidacy of Paul Biya, is concerned here, he who is chairman of the board of directors of the University of Yaounde I.

These are the reasons why Maurice Kamto will not submit to the arbitration of the council after this presidential, since the system does not hesitate to violate the law he himself erected. The Mrc will thus be part of a process of disqualification of board members. It will ride the errors of the system that has chosen to appoint individuals to these high offices without taking care to detach from practices prohibited by law. Let's not forget that Kamto's party is full of lawyers.

Here is an excerpt of the law n ° 2004/005 of April 21, 2004 fixing the status of the members of the constitutional council

CHAPTER III

OBLIGATIONS

Article 5:

(1) The members of the Constitutional Council must refrain from anything that could compromise the independence and dignity of their functions. They forbid themselves, in particular during the duration of their function:

- take a public position or consult on matters that have been or may be subject to decisions of the Constitutional Council;

- to plead or participate in an arbitration;

- to occupy positions of responsibility or direction within a political party, political party, party or union association and, more generally, to disclose in any way their political or trade union membership;

- to plead or to use their quality in financial, industrial or commercial undertakings or in the exercise of the liberal or other professions and, in general, to use their title for reasons other than those relating to the exercise of their mandate.

(2) They are bound by the obligation of reserve and professional discretion even after the termination of their mandate.

Article 6: Each member of the Constitutional Council undertakes to respect the obligations provided for by this law in order to preserve the independence and dignity of his office.

Article 7: The members of the Constitutional Council shall keep the President of the Constitutional Council informed of changes in their activities outside the Constitutional Council.

CHAPTER IV

INCOMPATIBILITIES

Article 8:

(1) The functions of a member of the Constitutional Council are incompatible with:

- membership of the Government;

- membership of the Economic and Social Council;

- membership of the Supreme Court;

- the exercise of any elected office or any other public, civilian or military employment;

- any other private professional activity which may affect his integrity, impartiality, integrity, neutrality and intellectual honesty, and any national representation function.

(2) Officials appointed to the Constitutional Council are placed in secondment position. Their advancement in echelon, class or grade is automatic.

(3) The members of the National Assembly and the Senate appointed to the Constitutional Council are deemed to have opted for these last functions if they do not have expressed to the President of the Republic a contrary will within eight (8) days following the publication of their appointment.

(4) Any member of the Constitutional Council who is a candidate for an elected term is considered to have resigned.


Reporter: KAMI Jefferson