Monday, May 13, 2019

Serail: Paul Biya accused of high treason against Cameroon

In recent days, the decree of the Cameroonian Head of State entitled "Decree 2019/043 of February 5, 2019 granting permanent delegation of signature to Mr. NGOH NGOH Ferdinand, Secretary General of the Presidency of the Republic. "Is on the spotlight, arouses heated debate and provokes indignation from several Cameroonians.

Oratorical jousting on the media platforms, in the streets or under the hut of the republic, several experienced jurists note that we are here in the presence of an act of rape of the Cameroonian constitution which results in an illegitimate transfer from the power of the people to an unelected senior official. And yet it is already a little over 3 months since this decree, passed almost unnoticed, has been published. This leads us to ask ourselves the following questions:

Why the President of the Republic in good health and who would have obtained the suffrage of his people and sworn in only 3 months ago would concede his permanent right of signature to a senior clerk of the additional condition occupying a non-constitutional position?

Why the President of the Republic who was sworn only 3 months before on the constitution and fundamental law (Law No. 96-06 of 18 January 1996 revising the Constitution of 02 June 1972) which governs its initiatives and the operation of the state signs a decree that does not respect the spirit of the said constitution?

Why does the President of the Republic sign this decree only 10 days after the declaration of his main challenger Professor Maurice KAMTO who during the white march denounces world-wide the transfer of power by mutual agreement?Are we in the presence of a transfer of power by mutual agreement at the top of the state?

Why the President of the Republic who knows very well that the violation and the non-respect of the constitution of a country by its leaders is like an act of high treason continues to sign inferior laws (laws, decrees, orders, etc.) that go against the spirit of law of the constitution?

Are we in the presence of a Head of State who consciously or unconsciously does not measure the fundamental importance of the institutions of a country as guaranteed by the constitution which is like a kind of contract towards the people and the state ?

In a context where the mechanism for verifying the constitutionality of laws is exclusively the responsibility of the legislature and the constitutional council (but never of the people through its civil society for example), in short of the apparent political weight, are we in a situation permanent status quo where a Cameroonian was President of the Republic is above the constitution?

Article 10 of the Basic Law of Cameroon (the Cameroonian Constitution) is precise in paragraph 2 on the delegation of its powers by the President of the Republic.What does this article say?

Art. 10.-

(1) the President of the Republic appoints the Prime Minister and, on a proposal from the latter, the other members of the Government. He fixes their attributions; He puts an end to their functions; He chairs the ministerial councils.

(2) The President of the Republic may delegate some of his powers to the Prime Minister, to other members of the Government and to certain senior officials of the State administration, within the scope of their respective powers.

(3) In the event of temporary impediment, the President of the Republic shall appoint the Prime Minister or, in the event of his being unable to attend, another member of the Government, to perform certain of his duties, within the framework of a express delegation.

Article 10 (2) stresses that the delegation must be partial, hence the term "some". So the "PERMANENT" character of the delegation of signature, therefore, of power and this without framing it to the Minister of State and SGPR NGOH NGOH is unconstitutional and dangerous for the nation, because it grants him the prerogatives to appoint for example the general of the army, to reorganize the government, in short to take actions which are the attribution of the only President of the Republic. One wonders therefore if this practice is not historical.

Already a little over 59 years 4 months since the Republic of Cameroon has obtained some independence and whose process of creating a new independent state has reached its completion point 20 months later ie. October 1, 1961 with the creation of the Federal Republic of Cameroon. Since then there have been changes in the initial constitution with a very limited consideration of the aspirations of the people who very often was not invited to express themselves as everywhere else through referendums.These multiple drifts continued throughout the 37 years of the Biya diet:

Decree of the law n ° 84-1 of February 4, 1984 having not respected the procedure envisaged by the constitution in force concerning the change of official name of the name of the country which is one of the causes of the current murderous conflict in the so-called English-speaking regions in Cameroon: "The United Republic of Cameroon takes, as from the entry into force of this law, the name of Republic of Cameroon".

Failure to comply with article 66 of the 1996 constitution, which led to further looting at the head of the state and thus endangering the country.

Art. 66.- The President of the Republic, The Prime Minister, the members of the Government and the like, The President and the members of the Bureau of the National Assembly, The President and the members of the Senate Bureau, Deputies, Senators, all holders of an elective mandate, Secretaries General of Ministries and similar, Directors of central administrations, Directors General of public and parastatal enterprises, Magistrates, administrative staff responsible for the assessment, recovery and handling public revenues, all credit managers and public assets, must make a declaration of their assets and assets at the beginning and at the end of their mandate or function. A law determines the other categories of persons subject to the provisions of this section and specifies the manner of their application.

Non-compliance in 2011 with Article 6 of the 1996 Constitution amended in 2008, as he was not sworn anew by the amended Constitution of 2008.

Art. 6.- (1) The President of the Republic is elected by direct universal suffrage, equal and secret, by a majority of the votes cast.(2) The President of the Republic is elected for a term of seven (7) years renewable once.

Non-compliance with the laws on the rights and freedoms guaranteed by the Constitution and non-compliance with international agreements ratified by the State of Cameroon, especially those on the rights and freedoms of the people, as stipulated in Article 45 of the Constitution. constitution.

Art. 45. Treaties or international agreements duly approved or ratified have, from their publication, an authority superior to that of the laws, subject, for each agreement or treaty, to its application by the other party.)

The list of laws, ordinances , decrees or actions validated by the President Paul BIYA not respecting the constitution in force and having participated in the current decrepitude of Cameroon is not exhaustive. Among other things, holidays outside Cameroon whose durations often exceeded the power holidays clauses, the non-respect in time of the establishment of the institutions envisaged by the constitution and the decentralization, the declaration of the war against a part of his people (NOSO) from France a foreign state, etc.

Excerpts from the 1st constitution of Cameroon:

Given all these facts and voluntary or involuntary failures mentioned above and whose consequences are very harmful to the peace and security of the State of Cameroon, can we say that the actions of President Paul BIYA undermine the security of the state and as a recidivist pushes to confirm the thesis of HIGH TREHISON towards Cameroon?