HISTORICAL BACKGROUND
The Supreme Court, located in Yaounde is the incarnation of justice, elevated to the judicial power by the revised constitution of 18th January 1996.
It is also at the highest Court of the justice system of the country, which system has experienced a lot of changes.
Following the Germano-Douala Treaty signed on 12 July 1884 in Douala - which in fact was a protectorate agreement between German businessmen and the Douala chiefs - Cameroon became a German colony and remained so up to the dual occupation of the country in 1916 by French and English troops respectively under the command of General AYMERICH and General DOBELL.
This military occupation led to the partitioning of the country into two separate entities later on known as EAST CAMEROON and WEST CAMEROON.
This partition in turn led to the setting up on either side of the Mungo of two legal systems; the one, of Romano-Germanic tradition and the other, of Anglo-Saxon inspiration.
These systems functioned in the different parts during the League of Nations and the United Nations trusteeship under France and Great Britain.
The East Cameroon legal system was reformed by Ordinance No.59/86 of 17 December 1959 just a few days before the proclamation of the independence of the autonomous regions of A.E.F.I on 1 January 1960.
At the summit of the justice system is the Supreme Court to which an Audit Bench was added in 1961 (Law No.61/3 of 4 April 1961).
East Cameroon reunited with West Cameroon, an autonomous state within the Federation of Nigeria since 1954. On 1 October 1961 Cameroon became a Federal Republic.
Under this new dispensation, to sever the umbilical cord with the Lagos Court of Appeal and thus improve on the judicial organization of this Federated state (former West Cameroon), a Federal Ordinance of 16 October 1961 was signed to set up the Court of Appeal, Buea - the equivalent of the Supreme Court.
At the federal level a Federal Court of Justice was set up in the same crucial year of 1961 by Law No. 61/24 of 1 September 1961 to amend the Constitution.
This Court had jurisdiction to determine:
- the constitutionality and legality of instruments
- Conflict of jurisdiction between the highest courts of the federated states;
- Interpretation of Federal Law;
- Administrative litigation;
- Disputes between federated states or between the Federal Republic and the federated states.
The main disadvantage of the federal system was the extreme complexity of all the institutions functioning in the country and the ensuing financial burden on the State.
On 20 May 1972, following a referendum, the Federal State became a unitary state called, the United Republic of Cameroon.
All institutions of the new State underwent some changes to comply with its new structure and Constitution.
At the judicial level, Ordinance No.72/4 of 26 August 1972 on judicial organisation was enacted.
- the two highest courts of the federated states vanished with the states.
- the Federal Court of Justice gave way to a new institution, the Supreme Court, whose organisation and functioning were laid down in Ordinance No.72/6 of 26 August 1972:
Besides the functions provided for in Articles 7, 10 and 27 of the Constitution, the Supreme Court had jurisdiction to rule on:
- Appeals admissible by the law against final rulings delivered by trial Courts and Court of Appeal;
- Judgments passed by the lower courts of the judicial system that have become final in cases where the application of the law is issue;
- Applications for bail filed by persons in detention whose appeals are admissible;
- Admissible appeals against decisions of the Administrative Bench sitting as Court of first instance to the Full Bench sitting as a Court of last resort.
The new justice system is a synthesis of the two systems thus making the legal system of Cameroon unique.
The synthesis is characterized:
1- at the level of the legal system:
On the one hand, by maintaining the two types of court, typical of the French Revolution of 1789, with an Administrative Bench in the Supreme Court that has jurisdiction to rule on administrative litigation;
on the other hand, by a single court at the summit of the judicial system, following an established principle in the Anglo-Saxon system, with a Supreme Court that has jurisdiction to rule on all types of litigation.
2- at the level of a dressing code during court sessions:
by robes and adornments which magistrates wear during court sessions and some ceremonies, a purely French tradition; while the ceremonial full bottom wig and Judges Bench Wig are a carry-over from British tradition .
3- at the level of legislation:
by remarkably making great strides since then in Criminal, Labour and other matters.
It should be noted that no changes were made at the level of judicial institutions following the change in nomenclature from United Republic of Cameroon to Republic of Cameroon in 1984.
The latest reform is that introduced in the Constitution which, in Part V, Articles 37-42 sets up a judicial power alongside the others and gives the Supreme Court its present configuration, which will be examined in detail below.
This latest reform generated a set of laws and also led to a transformation and specialisation of judicial institutions in the country.
Thus were created:
- the Constitutional Council (Law No 96/06 of 18 January 1996 to revise the Constitution of Cameroon), which was effectively implemented on 07 February 2018 and henceforth deals with constitutional matters as well as electoral disputes relating to presidential and legislative elections and referenda, thereby replacing the Supreme Court that was acting on a transitional basis.
- the Audit Bench (law No. 2003/006 of 21 April 2003 to lay down the jurisdiction, organisation and functioning of the Audit Bench of the Supreme Court).
- Regional Audit Courts (Law No. 2006/017 of 29 December 2006 to lay down the organisation, jurisdiction and functioning of the Regional Audit Courts), which have not yet been implemented and whose jurisdiction falls under the jurisdiction of the Audit Bench on a provisional basis.
- the Administrative Courts (law No.2006/022 of 29 December 2006 laying down the organisation and functioning of the Administrative Courts), created at the head of each region, are statutory judges of administrative disputes. They rule at first and last resort according to the case.
The aforementioned texts have led to a new configuration of the Supreme Court. It is governed by law No. 2006/016 of 29 December 2006 to lay down the organisation and functioning of the Supreme Court, as amended and supplemented by law n°2017/014 of 12 July 2017.
The Supreme Court comprises three Benches and Divisions:
- the Judicial Bench;
- the Administrative Bench;
- the Audit Bench;
It also comprises:
- a Specialised Division ;
- an Inquiry Control Chambers;
- a Legal Aid Commission ;
- a Commission for Compensation of Victims of Illegal detention.