Can the Oroko Cultural Association in the United States be a force in development in our Oroko land?

By Jackson W. Nanje

Perspective
The Oroko Cultural Associations in the Diaspora and that in Cameroon need to rethink or re-arrange a lot of their priorities if they are to create an impact in the Oroko land. The organization also needs to implore strategies of growth for their people in particular, and that of the organization in general. It is true that education has come late to an Oroko person; but that should not be a stumbling aspect in enabling our way forward as a people. Rather, it should serve as a wake-up call to enable us to start implementing good goal-setting strategies to reverse the nightmares of the past. This paper will discuss the failures of the Oroko people in establishing a vibrant organization in Cameroon and in the Diaspora and raise key issues in the development of our people and our land. The writer does not find solace in recounting the misgivings or the shortcomings of the Oroko peoples’ organizations because his is to create a sense of awareness which has been lacking in an Oroko person over the years. Perhaps, a comparative analyses of how other Cameroonian tribes have been functioning, will help to imbue the awareness that has been absent in an Oroko person and his organization. Also, we shall examine the efforts that our forebears made in uplifting the Oroko person and see where the Orokos of today strayed away from the lofty initiatives of our forebears.

In his novel, Things Fall Apart, Chinua Achebe bewails about how the “white man” was able to put a wedge in the things that held the Igbo tribe together and succeeded in separating them; but rather than an outside force putting this wedge to separate the Oroko tribe and its people from one another, the Oroko people have, and are still doing everything to separate the different clans that make up the Oroko hegemony. The question begs whether the Oroko organizations, especially the one in the United States, can take the lead role and act as a force in development that all Orokos have been demanding of them? You will know how and why as you read along.

  Can Oroko of today replicate the deeds of our forebears?

There is a saying in Oroko language that itongi basusu esa retaka (that which all of us do is always lighter and costs less) was coined by our forebears to discourage individualism by replacing it with the collective efforts of the people throughout the Oroko land. During their time, an individual like the late Chief Victor Ngomo Obie of Ijowe village, of the Ngolo Batanga clan did not only think of the Ngolo Batanga people when he established Frank Harcourt Secondary School (now a Bilingual High School) in Kumba, but he established the school miles away from his village and clan to accommodate all Oroko children (at the time of the school’s establishment, Meme and Ndian divisions were one division called Kumba division). We can also say same for iconoclast like Hon. N.M Mbile who was one of the architects in ensuring that all people of the different Oroko clans, who identified themselves with a similar language, and from the same geographical region, and with similar welcoming characteristics, should come together under the umbrella of Oroko. Furthermore, we should think of the late Mr. Denis A. Nanje and the late Hon. Ekwelle Nwalipenja who both created boarding facilities for the first ever Government Secondary School (now a High School) in Mundemba, Ndian division in 1975. Their benevolence provided accommodation to many Oroko students who did not have accommodation in the rural village in Mundemba, thus, preventing them from abandoning school because the government created the school with absolutely no facility for boarding. Finally, we should also tell the story of the Late Paramount Chief of Balue villages, Chief Bokwe Etinge who hailed from Dikome Balue as he went around all the Balue villages summoning meetings with the different chiefs and parents, informing them of the need to send their children to school despite their financial constraints. As a consequence of the Chief’s collective mindset, many Balue villages and especially Dikome Balue sent many of their children to school in alarming numbers. It is important to note that the Balue Districts has the highest literacy level in Meme and Ndian divisions. This is an undisputable fact whose credit should go to the Late Chief Bokwe Etinge.

Why is it that the “collective mentality” (itongi basusu), which was the modus operandi of our forebears, is not a tool to the present generation of Oroko people? Or, is that the stories, if told, no longer appeal to Orokos of today? Maybe the mantra of “I will do it alone” (mbamene or mba iti ngo bora), which many do echo, is a preferred position of the Oroko people of today? Why is it that even though KORUP Reserve Park, with its headquarters in Mundemba, the divisional capital, employs mostly the natives from the Ngolo Batanga area? Why will a Bakundu native be refused employment in KORUP Reserve Park even though he is an Oroko native---on grounds that the employers were instructed to employ only people from Ndian division and not the Bakundu of Meme division? Why is it that the collective mindset of the Oroko people has not been put into use to unite behind a qualified Oroko person to be the General Manager (GM) of PAMOL just as the Bakweri People of Fako division fought hard after many years to ensure that their own son of the soil become the GM of Cameroon Development Corporation (CDC), a corporation in their division? Why is it that the Oroko people of Ndian division have been unable to pressure the government of Cameroon to appoint a son or a daughter from Ndian division as a minister (e.g. a Minister of Mines and Power to be exact) in the history of our country? Why is it that since KORUP Reserve Park was established in Ndian division an Oroko person has never been appointed a Director? Has the intra-tribal schism destroyed us to the extent that we are void of good judgment to trust even our own? What has really gone wrong? Or, are we appreciative of our status quo and are unable to think beyond this constricted zone of comfort or maybe discomfort? Or is it a lack of proper education or the few that have attained some level of education are contented in creating an elite class amongst their people? These are some of the questions the Oroko man has to answer. To answer all these questions, we must start looking at some structures that have enabled the individualistic rather than the collective mindset.

The Leadership gap within the Oroko Cultural Organization in Cameroon

Why don’t we have leaders today like the ones we had in the past who can transmute from individualism which does not amount to anything to collectivism which brings the best in humans? Where are the leaders who preached together we stand and divided we fall apart? Today, instead of the Oroko people uniting under the Oroko Cultural Association, a structure that cements and augments the much needed solidarity, we have settled for fragmented organizations. Rather than have the Oroko Cultural Organization, we have settled for the fragmented pockets like the Mbonge Cultural Organization, the Bakundu Cultural Organization (DIONI), the Balue Cultural and Development Organization, the Dikome Cultural and Development Corporation etc. These fragmentations into tribal hegemonies have no doubt helped to weaken the strength of the Oroko Cultural Organization which we had in the past. The leaders of the different tribal groups have taken advantage of the vulnerability of the Oroko Cultural Organization by solidifying their tribal groupings.

I am a strong believer in tribal groupings; but they should not exist at the expense of the Oroko Cultural Organization because, it is from these groupings that issue the strength of the Oroko organization. But unfortunately, some of the elected leaders of these tribal groups do not amplify the need for a stronger Oroko Cultural Organization. This partially explains why a Bakundu or a Balue man will be refused employment in KORUP National Reserve Park simply because he is not from the Ngolo Batanga area and no Oroko leader of good conscience can speak against such an atrocious assault on an Oroko person.

There is still hope though for the Oroko people because Oroko Cultural Organizations seem to thrive in far away areas where these tribal groupings hardly find numbers to operate in small units. In the absence of huge numbers of the different tribes, the few that are found in these far away areas like in Bertoua, have managed to build a solid organization. The Oroko Cultural Organization in Bertoua has survived where others in different cities in Cameroon have stumbled. The Bertoua organization is under the dynamic leadership of Lieutenant John O. Ekumedi from Banga Bakundu. By virtue of the group’s long existence, the organization should start initiating projects that would benefit villages in the Oroko area.

  An Overview of Oroko Cultural Organization in the Diaspora

While fragmentation has destroyed the Oroko Cultural Organization in Cameroon that of the Diaspora, which has played ghost to poor decision-making in the past, is still about to replicate same. It is true that the organization has done an impressive work in the creation of two very informative websites (www.orokousa.org and www.orokogeorgia.org), which a research fellow at Albany State University in Georgia described as “quite informative and valuable sites to carry out research studies”. It is also a huge credit to the Oroko organization in the USA for her more than twenty (20) years of existence. The leaders have tried enormously to keep the association intact. However, because this organization is made of different tribal groupings, there is that unavoidable problem of decision-making by the organization which aims at satisfying all members of the group.

 About 10 years ago, the Oroko organization decided to send books and computers to open up a Cultural Center in Kumba, Cameroon. The decision to locate a new center took a different turn when the previously agreed-to facility was rejected by some members without due consultation, and while the container was already in Cameroon. The organization spent money for storage and to locate a new center to keep the books even after spending so much money that could have been avoided in paying for the original center. The forty (40) feet container landed in the hands of Hon. Sammy Bokwe who represents the Konye, Banga Bakundu to the strait through Mbonge. After watching the disharmony that characterized the Oroko container ordeal, Hon. Bokwe, sensing that the Oroko People were desperate to have a place to store the books and computers, took advantage of their slothfulness and converted a lot of these charitable goods into his private money-making use.

Why didn’t the officials in the United States do a better feasibility study, which could have entailed benefit-cost-analyses before embarking on the project? Why is Hon. Sammy Bokwe still a free man after converting books and equipment worth millions of francs meant for Oroko children in Cameroon into private use against the consent of the Oroko management in the United States? What befuddles me the most in this SammyBoks fiasco is that the Oroko people in the United States honored Hon. Bokwe who suddenly became not-so-honorable by dishonoring them with the execution of a dishonorable scheme, which entails theft by conversion of goods donated by Oroko USA to the Oroko Cultural Center into private use! Why? I am also at a loss to know that the Oroko leadership in the United States has lost some dynamic and honorable members who left the organization as a result of the dishonorable and ungodly act of Hon. Sammy Bokwe and have done nothing about it but are even eager to carry out a similar project without correcting the demonic act of the past. What lessons have been learnt from this project whose purpose was laudable but its execution horrible? Permit me to express my opinion on this SammyBoks fiasco. If asked what I would do or would have done or still can do if given the permission by the General Assembly of the Oroko people in the United States to address the malevolent act of Hon. Sammy Bokwe knowing fully-well that there is no statute of limitation on theft by conversion of charitable property which was worth about 25,000,000cfa, which is what he did, I would do the following:

1) I will write a personal but polite letter to Hon. Sammy Bokwe demanding that he gives back all the organization’s goods he converted into private use

2) Such a letter shall be copied the Section President of Cameroon Peoples’ Democratic Movement party (CPDM) of his jurisdiction, who should be aware of our misgivings and complaints against Hon. Sammy Bokwe

3) All correspondences to Hon. Sammy Bokwe shall carry a maximum of thirty (30) days response period. If Hon. Sammy Bokwe fails to acknowledge and act on any of our correspondence then we shall execute step two---which is,

4) Send him another letter copying the Speaker of Cameroon National Assembly, the Vice Speaker of the National Assembly who hails from the South west region, the Senior Divisional Officer of Meme and the Provincial Superintendent of Police alerting them of the action the Oroko Cultural Organization in the United States is about to carry against Hon. Bokwe

5) If after all these laudable attempts to collect what is rightfully ours and Hon. Sammy Bokwe fails to acknowledge our case against him, we shall then file both a civil and criminal complaints against him in the court of law

6) Finally, as soon as the theft-by-conversion case against Hon. Sammy Bokwe begins, the Oroko Cultural Organization leadership in the United States should file a writ to replace him in the House of Parliament as the representative of the people if he is found guilty of the allegations against him because, the people cannot afford a dishonest representative representing them.

The reason for this process is to discourage any similar act in the future and will also encourage those Oroko people who had parted ways with the association as a result of the SammyBoks fiasco to come back. I still believe that as serious as the diabolic act committed by Hon. Sammy Bokwe is, the Oroko organization should not stop its charitable initiative because that is the purpose of her existence; however, their approach should be thorough now than ever. This brings us to Oroko Book Drive No.2.

This year again, with the SammyBoks fiasco still fresh in our minds, with a new leadership this time around, the Oroko Cultural Organization in the United States is about to embark on a similar project (Book Drive No.2) ---and with lessons of the past being ignored, which ought to serve as a guide to present or any future projects, the resistance by some members in the manner of execution should give Oroko leadership enough reason to proceed with caution. But sadly, the worries of advocates of a cautious approach are being ignored by present leadership. In the study of project management, for any project to be effectively executed, it should have the blessings of the stakeholders (those who have vested finance interest or those who have contributed monies towards the realization of the project). The Oroko leadership, which I am part of, has totally ignored (or is ignoring) the demand of the stakeholders to spend more time in the planning, execution and sustainability of the Book Drive No.2 project in order to prevent a repeat of the SammyBoks fiasco. As usual, leadership and management, which have not been the callings of an Oroko person, have again written its signature or maybe writing its signature all over the Book Drive No.2 project. The stakeholders who have been beckoning for leadership to listen to their contributions have been shoved aside; rather, leadership prefers to listen to the consumers of the product in Cameroon who have nothing to lose but so much to gain from this project. Why does an Oroko person demonstrate such aversion towards constructive debates but ever so ready to display his ego in the “me” against “him” or in the “us” versus “them” battle? Why can consensus within the Oroko Cultural Organization not be a by-product of a civil debate where constructive arguments win over personality? Why is it that those who want to engage in a civil debate to carve out a constructive path towards development in our area are branded as being “un-Oroko?” 

Rest assured that even though the Oroko people do not have the monies that other cultural groups’ members possess, they are ever so willing to give to and welcome the needy; but leadership must spur the people to give or perform above and beyond by taking the initiative to ask the million dollar question to the stakeholders: how should we proceed with the Book Drive No. 2 project? Only when this question is answered will monies that seemed so difficult to come at first glance become a non-issue. The display of ego must give way to idealism for the Oroko Cultural Organization to grow and succeed in its initiative.

Briefly, while we acknowledge the existence of other Oroko Cultural Associations in Toronto, South Korea, South Africa and in United Kingdom, all of them simply represent a social grouping with little or no sense of defined long-term goals and objectives aimed at improving the lives of the Oroko people at home. That in the United Kingdom is marred with all kinds of accusations and a total lack of practical objective. None should see this as a castigation of the existence of these associations in their respective countries in which they operate but, an indictment or a referendum for them to wake up and create practical obtainable objectives that would benefit the members and the Oroko tribe. These objectives shall entail member responsibility to the group, member benefits, group objectives thoroughly laid out, which should include projects execution. These groups cannot exist for the sake of existence; their existence should show a progression of their activities and accomplishments. Other non-Oroko cultural groups, especially those of the Northwest region are model associations that the Oroko Cultural Organization should emulate. Their groups can provide statistics of what they have done over their years of existence; a thing the Oroko Cultural Organization cannot show for for over twenty years in existence, and, with more than a thousand Oroko people living in America, some of whom do not even want to identify themselves with their Oroko kindred, we could have had more to show for our existence.

   Why are other Cameroonian Cultural Organizations succeeding?

 It is usually very easy to blame the Oroko leadership all over the world for their incongruity or indiscretion; but it is more glaring if we could start looking at the activities and successes of other cultural groups, which should help guide the Oroko people to change their mental approach and start doing things differently for the organization. Perhaps, before we engage in comparative assessment of the Oroko organization and those of other tribes, let us take a closer look at the attitude of an Oroko person in display here. It is my humble opinion that the attitude of an Oroko person is the root cause of our problems.

In order to hold Oroko leadership totally responsible for problems of the Oroko organizations in Cameroon and in the Diaspora let’s examine the character of the members of our organization. In order for any organization to grow, it has to depend on the strength of its people. The Oroko people must be held accountable for the pitfalls of the organization. It is here that we say "Itongi basusu e retaka" (our endeavors become lighter if all of us lend our support to the cause). Why?

a) We are ingrates. We know how to beg for monies from businesses and individuals who sympathize with our plight but refuse to acknowledge those businesses and individuals with a simple thank you. We simply grab what they give us and disappear with their feelings. Our donor can only be respected if we acknowledge them. To this therefore, I suggest that we start repairing the broken relationships and not make them the responsiblity of the next sets of leaders to do because it will be too late then.  

b) They do not attend meetings where decisions are made;

c) They always sit behind and complain of the decision rendered in meetings which they did not attend;

d) They also hardly pay their monthly dues which should be used to run and develop the organization;

e) Reluctance to accept change or accept opinions of others during debates without being confrontational;

f) They prefer to have personal credit as they demonstrate their “I” and “Me” rather than group credit as it ought to be displayed in the use of “we did it” and “it is as a result of our collective efforts that we….”

g) They want to constantly borrow from the organization and not pay back, and if the organization resists their financial requests, they boycott from the organization; and finally,

h) They do not want to volunteer their time in doing the things that will reinforce the organization. The only such association that I know of where members are ever so willing to pay their monthly contributions used to carry out projects is the Georgia Chapter of the Oroko Cultural Association in the United States. The Georgia chapter, even though a model chapter today, where members do not borrow from the coffers, is going through a transformational stage whereby members think more of how to help people back in Cameroon by not only paying the National association’s dues but chapter dues as well. If we can have men and women of good conscience who think more of a stronger and better Oroko organization, then we have arrived to save the day for our people.

The greatest achievements of the Oroko Cultural Association in the United States and elsewhere to date are the construction of a website that has helped to expose the people to the rest of the world and the introduction of the organization as a Non-profit organization (designated as a 501(3)C in the United States. Besides these two, nothing of measureable propensity exists. Now, what separates other cultural organizations from the Oroko organization?

Let us examine similar organizations here in the United States like those of the Northwest Region. Many of the cultural organizations’ existence in the North west region is measured by their deeds (achievements), that is, how much they give back to their communities in Cameroon. This is the standard of measurement the writer is using to compare and evaluate the deeds of the Oroko Cultural Organizations in United States and elsewhere to their counterparts similarly located. Take for example the Wimbum Cultural Organization (from Donga Mantung division); in the Northwest region in the United States that raised about $15,000.00 in a single day (there is a document as proof). The same group, whose size is not even comparable to the Oroko Cultural Association in the United States, has sponsored pipe-borne water project for ten (10) villages over the years but the Oroko Cultural Association has never done a project of measureable standard which should stand as a replica for her more than twenty (20) years in existence. Again, the failed Oroko Cultural Center in Kumba cannot stand as a credit for her 20 years in existence, sadly enough. But credit should be given to those who conceived and executed the idea and caution be given to any future Oroko project lacking in planning and execution. It is also worthwhile to mention that there are some private initiatives taken by some Oroko individuals like the Angel Organization championed by Dr. Mercy Mabian (www.angelsfororokochildren.com) and initiatives taken by two sisters who reside in New York (from Ekuwe Balue) in providing financial assistance to needy pupils and students in their village.

The Bali Cultural Organization is another example of a successful cultural organization in the United States worth emulating . About 10 years ago, the association started with its first project to construct public restrooms (toilets) around the Market Square for sanitation purpose. The association also provides scholarships to students from classes 3 through 5 (the rationale for selecting students in these classes is because they are the classes with the highest drop-out rates); they sent a Medical Team from the USA to provide healthcare for their citizens; they built a Mortuary and currently, they are embarking on a Multi-purpose housing project. Rest assured that the idea of a multi-purpose center had been conceived by Oroko Cultural Organization more than 10 years ago but bickering amongst members has killed the idea just as it has killed many other ideas to the dismay of our Oroko people in Cameroon.

Another organization which the Oroko association can learn from is the Bakossi Cultural and Development Association---a sister organization from the Southwest Region. Even though hissed with her own problems, they have been able to make some improvement in the welfare of their people in their homeland. The organization is the first amongst cultural organizations to institute a Mobile Clinic in their area to go around providing healthcare especially to those who, because of the rough topography are unable to reach the nearby clinics or health centers which are always miles apart. In their last convention, they agreed that all Bakossi of working age would contribute $500.00 to go towards the rehabilitation of the rural roads since they can no longer wait for the slow pace of the Cameroon government. The organization has also two libraries (one in Tombel and the other in Bangem) with computers in both.

The Afo-Akom organization of the Northwest region in the United States also held their annual convention in Atlanta this year same period as the Oroko Convention. I want to Oroko people to see the level of organization and committee to the cause of the Afu-Akom organization vis-à-vis the Oroko Cultural Organization:

a) In their Friday event, while the Afo-Akom people levied members $75.00 to attend their cultural evening event, the Oroko people opened the gates for all to-come-and-see for free and gave them food and drinks as well for gratis.

b) While the Afo-Akom organization levied a similar amount as was in her Friday event as gate-fee, the Oroko organization levied $25.00 as gate-fee and many got in free without paying---and this was supposed to be a fundraising event to better the lives of their people and their area in Cameroon.

c) While the Afo-Akom organization leadership produced a financial statement a few days after the convention, which enabled the group to assess their strategies for their next convention, the Oroko Cultural Association has been unable, two months later, to produce a single report to assess the impact of the convention and a re-evaluation (or evaluation) of the group’s activities.

d) While disclosure and the utilization of effective communication tools have been the hallmark of the Afo-Akom organization and many other Cameroonian cultural groups, the Oroko Cultural Association has not been forthcoming with information order than that which she wants members to continue to donate without questioning leadership on how they are managing the association. Since leadership gets its powers from the people, they should at all times submit to the people when called upon. Nonchalance can never be a substitute for good leadership.

e) While people from other cultural groups see voluntary giving as a necessary tool for social development and economic empowerment and advancement, the Oroko people instead attend their annual events to showcase their expensive outfits. And their inability to contribute freely during annual conventions like people of other cultural groups do cannot be characterized as lack of knowledge in understanding the urgent needs in our area but a complete lack of scruples.

I will reiterate that write-ups such as this one are not intended to indict any particular person(s). Its sole purpose is to highlight the urgent need for the Oroko man to start realizing that our old ways of doing things should give way to new ones. We are often haunted by a psychological condition I call schizophrenia (sensing things which are not practical, or believing that you are the only keeper of truth or even being suspicious of others in making up things about others which are not true) than a bigger picture, which is intended to open the alley for meaningful dialogue, is often derailed by our lack of vision and scruple.

      Can Oroko Cultural Organization be a force in development?

Visionary leaders are in short supply in the Oroko communities; leaders who would put the community over self; leaders who would genuinely spur people in the community to do extra-ordinary things, thereby enabling our Oroko communities to flourish and be models to other communities in Cameroon. Or, is it safe to assume that the good days that an Oroko man saw unity in development as a tool of progress are over? Can our forebears be happy that it is taking us more than twenty (20) years to accomplish anything of significance as an organization? I will speak for them that it is long overdue for us to start setting smaller goals and incrementally be accomplishing them than set loftier goals and end up with nothing in the end as it has often been the case.

The question I ask is how can the Oroko Cultural Organization in the United States of America be a force in development in our Oroko land?

The following will provide partial solutions and/or directions to the way forward for the Oroko man.

1) In the preamble of the Oroko Cultural Association's National constitution, it states that, “as a unit, we shall aggressively promote education and economic development in Cameroon and in the United States for our people”. But for over twenty (20) years of our existence as an organization, we have been unable to accomplish either of these two? Have our leaders been unable to define and control the destiny of the Oroko people through their deeds. Any president in any organization is remembered after s/he leaves office from her/his accomplishments or legacy. Which Oroko president can securely pinpoint what they have accomplished in our land that has stood the test of time? This is what has to change. Each president, long gone, should be able to pinpoint what they did, for instance, in establishing pipe-borne water to this, that or the other village during their tenure in office. None of them can take such a credit.

2) We should be able to sponsor projects from here that will enable university students write research papers on issues about development in our area as part of their school programs. For example, Oroko students could provide statistics on how we can effectively improve the economic life for Oroko women who are usually the pillars of our homes but who do not have the necessary finances to support their wishes. With such documents, the Board of Directors of the association, on recommendation  from the Project Committee, would be able to proffer assistance from different sources to enable the Oroko women improve on their economic life as spelt out in the constitution. And such a research venture is do-able and costs less.

3) Leadership should never separate themselves from the people no matter how thorny the people tend to make the execution of their functions be. The ability to communicate, even in difficult moments, should be a tool that leaders should possess and use distinctively. It is only when our leaders effectively communicate their intentions to us, and we are given the opportunity to appreciate their ideas and viewpoints that problems, that seemed difficult to resolve at first glance, are resolved. Our leaders have often been at war with the masses who voted them into office for reasons unclear to me. I will encourage dialogue between the leaders and the people who expect better from them.

4) Normally, if the organization was well organized, that is, leadership backed with accomplishments, it could serve as an inspiration and a source where leaders from Oroko land could be tapped from. It could be an organization where trusted leaders of tomorrow are trained. There are no major enterprises in our area besides PAMOL, where a few of our people are in top managerial positions that we can scrutinize and select leaders for the future from. The Oroko organizations should therefore be institutionalized to train future leaders to represent the people.

5) In order for our organization to have strength, we need a strong economic base. The Oroko Cultural Organization should establish an economic base in Cameroon in the construction of a Multi-purpose Cultural Center. This center, if well planned, will not only create employment to Oroko people but shall be a money-making center that would generate finances for future Oroko projects. This center’s ability to generate money in the long run will reduce the organization’s overdependence on members for finance. Even if the organization has to depend on members, it won’t be as before. This idea could have been thought of before but could not be implemented to its full strength because of the SammyBoks fiasco which dampened the trust of the people.

6) Volunteering our time towards the establishment of a better Oroko Cultural Association is one of the many ways we can enable our people and our association reach prominence. Whatever edifice we need to erect in Cameroon should be with the voluntary hands of the Oroko people from start to finish.

7) Finally, in order for the initiatives taken by the Oroko leadership to have a greater impact or awareness, Oroko people all over the world should be subscribed to the leading Oroko communication e-group, Orokonet (Oroko Oboso) at www.orokonet@yahoogroups.com. It is a common parlance that “Information is Power,” so, we have to use this forum to spread or propagate our dogma. Once we have this greater audience to receive our message, then, we will start putting the information into use. That is where we say “Actionable information instead of information, is Real Power” and I know we are all capable to make this a reality.

The Oroko Cultural Association in the United States must recognize the all too important role of the grassroots before they make any final decision. The organization can and should never ignore the people whom they would always come to for help. Similarly, the Oroko Cultural Association should be willing to learn from other cultural organizations, better placed to give advice. After all, we should always be willing to learn from other people’s mistakes or from our own mistakes ifwe intend to make a difference. The Oroko organization has made mistakes in the past and repeating the same things and expecting different results is similar to an individual who sells eggs in the market but who is always the first to start up a brawl in the market and expecting his eggs not to be broken (credit to Betondi James for this proverb).

***Jackson W. Nanje, a native of Dikome Balue, is a leading scholar in the emancipation of the Oroko people of Ndian and Meme divisions in the Republic of Cameroon. I belief that none but ourselves shall free our minds*** 

Copyright © Protected by Nanje School of Creative Thinking

Cameroonian Diaspora & the Case against Paul Biya

Cameroonian Diaspora & the Case against Paul Biya
By Ekinneh Agbaw-Ebai*

It was a breath-taking display of arrogant impertinence and self-aggrandizing recklessness. A group calling itself the “Council of Cameroonians in the Diaspora” (CCD) filed a complaint against President Paul Biya in a French High Court for “embezzlement and buying stolen property”. From all indications, the Plaintiffs – Robert Waffo Wanto (President), Celestin Djamen (Vice-president - Judicial Affairs), Lamy Mahamat (vice-president - Culture) and Henri Kingue Kwate (Treasurer), are asking the French court to open a judicial probe into assets allegedly owned in France by President Biya and members of his family and entourage.

The CCD also indicated in the 19-page complaint that it will be a civil party in the litigation, and promised to provide evidence to substantiate their case, upon request by the court. The pedestrian manner in which the plaintiffs filed the complaint and the cavalier manner in which they approach the issues highlighted their remarkable unfamiliarity with the basic international instruments and legal principles that define state sovereignty and reflected the juvenile nature of their reasoning.

In a similar development, Celestine Bedzigui is reported to have petitioned the UN to open an enquiry into the food riots that rocked the country in February 2008. It is hard to figure out the motives behind Bedzigui’s timing. It is however easy to see that as a former political party leader, Bedzigui is merely trying to increase his nuisance value on the national stage for possible use as cheap political leverage.

But don’t take it from me: anyone with the remotest knowledge about how the UN system works will dismiss the public posturing by Bedzigui as a laughable waste of time venture that should attract no further comment. Likewise, the case against Paul Biya is, ipso facto, an inappropriate, annoyingly vexatious attempt to embarrass and ridicule the President of the Republic and the state institutions which he incarnates. All patriotic Cameroonians of goodwill should therefore be firm in their condemnation of this bellicose and presumptuous display of condescending public grand-standing.

If anything, these treasonable acts of political brigandage, in the countdown to the 2011 Presidential elections, are the latest signs of frenetic desperation by “Biya Must Go” apostles of monolithic hang-over, who are guided by a certain blind, narrow-minded hate, borne of an unseemly partisan prejudice against Paul Biya and the ruling establishment. While these kinds of politically-motivated gimmicks may score cheap political points in the media, it needs to be emphasized that such a confrontational disposition seem, in my view, unhelpful, as it further deepens the rumpus between Cameroonians in the Diaspora and the government that views its citizens abroad with anything but hostility and suspicion.

Some observers might simply shrug off the current case as being only the latest chapter in a long history of partisan attacks by political snipers and their paymasters who will miss no opportunity to impugn and smear the President’s character. But to the extent that Paul Biya is not just a private Cameroonian citizen, we must recognize that these silly, sensational distractions have a devastating effect on a country’s international image. The impact of a heated political environment can be extremely damaging to national unity and skew policy in dangerous directions, while compromising our unbridled quest for foreign investments.

When we as Cameroonians, go out of the way to ridicule and hold our public officials in contempt in front of the international community, we not only undermine those officials; rather we are holding the state institutions which they incarnate to ridicule. The institution of the Presidency of the Republic of Cameroon is beyond any single individual; today, it is Paul Biya; tomorrow, it will be someone else. Suing their Head of State in a foreign country sets a wrong precedence and inevitably raises fundamental questions of judicial deference and ultimately, national sovereignty.

As a practical matter, the case against Paul Biya is baseless, entirely without merit and should be properly dismissed with prejudice against the plaintiffs. To begin with, the forum; (a French court without jurisdictional authority) is an improper venue that is offensive to common sense and out of all proportion to Biya’s convenience to enter appearance as a defendant even if he elected to. In addition, the plaintiffs failed to address the issue of locus standi. Beyond the mere fact that they might be Cameroonians living in France, who gave them the authority to speak for all Cameroonians in the Diaspora? A more appropriate name for their group would have been Council of Cameroonians in the Diaspora in France, owing to the fact that the group is based in France. As a member of the Cameroonian Diaspora in the United States, the CCD surely does not speak for me!

Be that as it may; it is well recognized that, as a general matter, a plaintiff’s choice of forum is entitled to a certain amount of deference, but in this case, that deference cannot trump the public interest, while imposing an unfair burden on the French justice system to resolve an issue that can better be handled by Cameroonian courts. Since the CCD plaintiffs gave no reason to conclude that French courts are significantly better equipped to try President Paul Biya than Cameroonian courts; the case should be dismissed under the doctrine of forum non conveniens.

Seek ye first the asylum kingdom
There is absolutely nothing wrong if Cameroonians abroad decide to have a stake in their country. That much less, is expected of all patriotic citizens. Unfortunately, over the years, beyond the occasional visits to Money Gram and Western Union, their involvement has been limited to confrontational political snipping and working against the national interest simply because they hate Paul Biya. This has created a rift between the government and the Diaspora, making it impossible for Cameroonians to use the wealth of knowledge, experience and resources they have acquired abroad to contribute to the growth and development of their country.

A recent report by the United Nations High Commission for Refugees (UNHCR) classified Cameroon with war-ravaged Iraq, Afghanistan, and Somalia as leading origins of asylum seekers in the world. Whereas 1,741 of our fellow citizens sought asylum in 2008, up from 1,338 in 2007, at least 745 more left our shores within the second quarter of 2009 in search of refuge away from their fatherland. It is pertinent to ask why this is so in a country that is neither at war nor afflicted by natural disaster. On the face of it, this question would be best answered by the asylum seekers themselves. But it would be disingenuous for anyone to pretend not to appreciate the many reasons that push ordinary, honest citizens to seek a better life elsewhere. The answers therefore are inside Cameroon.

In truth, many Cameroonian asylum seekers are economic refugees, persons running away from the harsh economic conditions at home to seek a better and more fulfilling life in other countries. It is never an easy decision to take that one leaves relations, friends and all that is familiar to start afresh in a strange land. But in order to gain sympathy, they often tell despicable lies - fear of genital mutilation, political persecution (SDF, SCNC). Curiously, the CPDM in the Diaspora is made up of political asylees, including family members of ex-government Ministers and CPDM barons). Worse even, Francophones who cannot string two error-free English sentences are using the SCNC to seek political asylum in the USA. This is a shame.

But it is a bigger shame that Cameroonian leaders have allowed the system to deteriorate so badly under their watch; to the extent that their fellow citizens (including many of the very best and brightest) are voting with their feet. It is no wonder then that Cameroonians, no lazy people at all, are fleeing in large numbers to other lands in search of opportunities. And, more often than not, Cameroonians do excel and do contribute in many ways to the growth and development of their host countries.

In fairness though, one of the greatest failure of the Biya regime has been its inability or reluctance to create a forum for constructive dialogue with the Cameroonian Diaspora, believing mistakenly, that any Cameroonian living abroad is an enemy of the regime.

Understandably, there are still urgent matters arising between the government and the Diaspora but the government needs to reach out to its citizens abroad. Studies have shown that remittances to some African countries like Ghana far surpass the total amount in the lending portfolio offered by the World Bank with all the stringent conditionality clauses. I don’t know of any other country where its foreign missions treat its own citizens with the kind of scorn and disdain that one witnesses in Cameroonian embassies abroad. Surely, nothing like this happens in any country with the slightest respect for its own citizens.

In his last Youth Day message to the nation, the President announced the creation of a structure to address issues affecting youths. Rather than waste time, engaging in such sterile political mischief like suing the Head of State in a foreign country, Cameroonians in the Diaspora should engage the President on the need for another structure – possibly a Ministry in charge of Diaspora Affairs; or a cabinet-level position in the Presidency to handle Diaspora issues. The government should understand that the era when every Cameroonian abroad was viewed as an “opposant” is over and must now end in the interest of peace and progress. The prevailing “us” versus “them” mentality has not served the overall national interest.

However, Cameroonians who take the easy way out to dump their country for where the grass is supposedly greener should be reminded that they are probably better off contributing to the transformation of their fatherland. We can copy the example of the Senegalese, Malians, Ghanaians and Ethiopians in the Diaspora who are making significant contributions to the development of their countries, rather than waste precious time engaging in egregious acts of sabotage against own country

*Ekinneh Agbaw-Ebai; a Public Intellectual, is a graduate of Harvard University John F. Kennedy School of Government and former Managing Editor of the Harvard Journal of African-American Public Policy.

ACCESS TO JUSTICE IN CAMEROON

by
METIEGE DIVINE NJIKANG

INTRODUCTION
Cameroon has a unique legal system which is reminiscent of its colonial past. It is referred to as a bi-jural country because during the colonial administration, the French introduced civil law in what was then East Cameroon while the English introduced the common law in what was then West Cameroon; this alludes to the dual application of the French and English legal traditions.
Since independence the Cameroon government has been putting efforts to unify the legal system. In substantive criminal law, Cameroon has a single Penal Code and recently it has unified its criminal procedure pursuant to law No. 2005/007 of 27th July 2005, on the Criminal Procedure Code. Cameroon unified the common law and the civil law so far as criminal justice is concern. There are other sectoral uniform laws with criminal provisions, such as the Highway Code, the Land Tenure Ordinance, the Forestry Wildlife and Fishery laws, Environmental management code and the Mining Code.

ACCESS TO JUSTICE IN CAMEROON

Justice is very accessible in Cameroon. For it is virtually free of charge for litigants. This can be traced from the traditional justice system and the modern justice system.
In Cameroon, traditional justice system is tied to the legal traditions and values inherited from the colonial past. The traditional justice system is tied to tradition and values passed down from generation to generation as customary law regulating life in village communities. The people in rural areas in Cameroon have recourse to the tradition of customary Law Flora; and this is because they have that desire to settle their disputes, grievances and minor criminal matters for peace to reign in their communities.
The lawyers are positively excluded from customary law matters in most jurisdictions because of the nature of the forum and the informality and simplicity of the proceedings which are aimed at maximizing direct public participation which is essential, given the lack of official enforcement mechanisms. In this system, the litigants access justice free of charge. Any person within the traditional system whose rights have been infringed runs to the chief in council to lay his complaint free of charge. The traditional ruler calls his members in council and they listen to both parties and pass their ruling. The person who is found guilty is given a fine to pay. Since it is a traditional set-up the litigants adhere to the jurisdiction and the decisions for fear of been castigated. At times if one of the parties does not want to adhere to the decision, the chief in council write out the proceedings and hand them over to the other party to take to higher quarters free of charge. These quarters can either be the police, Gendarmerie, the State Counsel chambers, the Examining magistrate’s chambers or straight to court through direct summons.
In Cameroon, the modern justice system includes preliminary investigation, full trial and execution of the courts judgment. It is further broken into criminal, civil and commercial, civil status and administrative justice etc. As aforesaid, Cameroon is a hybrid of both the French Napoleonic code and Civil Law and the received English Common Law. We have a blend of both systems practiced in the two regions of the country known as West Cameroon for the English speaking extraction and East Cameroon for the French Speaking extraction.
Access to Justice in Cameroon is virtually free of charge when it comes to commencement of action in courts, be it criminal or civil. With criminal justice, the state prosecutes free and foots the bills of criminal matters up to execution of court judgments. In Cameroon, a person whose rights have been infringed makes a complaint to either the police charge office, Gendarmerie charge office, the State Counsel’s chambers, the Examining magistrate’s chambers or to the court by Direct Summons. The complaint is free of charge. After the investigation a charge is preferred against the defaulter and the complainant is listed as a witness to the state (prosecution witness) and he is paid by the state after the trial. His transport to and from his house and hotel bills are paid by the state through a witness claim. For parties to come to court, the state sends out summonses free of charge to Bailiffs to serve them to litigants. These Bailiffs are paid by the state of Cameroon through emolument or output allowance; i.e. they are paid depending on the number of acts that they carry out. The magistrates, Registrars and other personnel who work in the court are paid emolument (output allowance) and this is to cause them not to harass litigants. The Cameroon government has implemented these measures to enable litigants have easy access to justice. Hence criminal justice in Cameroon is rendered free (without charge) and this makes access to criminal justice in Cameroon really accessible.
Before the coming into force of law No. 2005/007 of 27th July 2005 on the Criminal Procedure Code, access to criminal justice in Cameroon had a language barrier, for the French speaking Cameroonians were using the “Code d’instruction Criminelle” while the English were using the “Criminal Procedure Ordinance”.
The Criminal Procedure Code (C.P.C) is a law that came into existence to unify the Common Law and the Civil Law so far as criminal procedure is concern. In fact, this criminal procedure code is an essential piece of the history of Cameroon. It chronicles, for everyone to remember the watershed in Cameroon’s drive towards the accomplishment of democracy and a Republican system. This code is a legal revolution which advocates a close link with the profound political and ideological changes resulting from the cry of Cameroonians whose human rights were trampled upon. The legal change in this code is characterized mainly by the triumph of the liberty of individuals. This liberty of individuals widely exposed in this code has instituted a real pedagogy of increased responsibility in the Cameroonian society and has enhanced free access to justice. This Criminal Procedure Code is an invaluable victory for Cameroon and constitutes an indisputable model for a number of other countries in the world to emulate. This code is in line with the policy of transparency and osmosis, which Cameroon legal experts have instituted, and intends to Stephen between the governed and the administration of justice. This code illustrates Cameroon’s civic culture in progress, which is the foundation of every Republic, including the young Republic of Cameroon, in which citizens have constant and full knowledge of the systematic achievements of which they are at the same time the architects. With the merging of the Criminal Procedure Code (C.P.C) all Cameroonians both English and French are now using one unified bilingual code that enhances the criminal trial and facilitates interpretation within the courts and the judicial system in general. This therefore makes access to criminal justice in Cameroon easily accessible.
The unified code has made both the accused persons, magistrates, lawyers, judicial police officers and administrators to have access to proper management and execution of the functions and personal rights and obligation as to the citizens.
The administration and the hierarchical structure of the courts in Cameroon today have changed especially with the promulgation of law No. 2006/015 of 29th December 2006 on Judicial Organization. Wherein the jurisdiction of courts i.e. Courts of First Instance, High Courts, Appeal Courts and Supreme Courts have extended jurisdictional competences thereby bringing justice nearer the people e.g. the Court of First Instance in a small sub-division or District can entertain a suit for up to 10.000.000Frs CFA (20 000 Dollars) which was not so before and this has facilitated access to justice in Cameroon.
The signing of the Treaty guarding Commercial Law in Africa (OHADA) i.e. The Harmonization of Business Law in Africa by Cameroon in 1998 has facilitated the access to justice in Cameroon in the sense that the Law is operative in many member countries. Within Cameroon itself, the law is cherished because it has unified commercial and company law. The operative rules are now the same. Judges of the Common Law and Civil Law now apply the same principles and this has really eased the access to justice in Cameroon.
The Harmonization of Business Law in Africa (OHADA) has really broadened Cameroon commercial system, for it is unified and bilingual, thus rendering access to justice a reality.
The Cameroon Judicial System has introduced the Examining Magistrates in the administration of justice. Their functions are to carry out preliminary investigations and this has caused the preliminary duties of investigation to be smooth and more matured including easy access to a level headed investigator who is the Examining Magistrate than the ordinary police and Gendarmes who are either ignorant or lazy to perform fast and free investigation. The ordinary man deals freely with the Examining Magistrate free of charge. The police could complicate issues thus smoothing the channel of justice in Cameroon.
The Cameroon Labour Code protects the interest of the employees particularly after dismissal by employers. It provides for availability of social justice in that a dismissed employee for example who was working in say Yaounde and because of hardship relocates to Kumba in the South West Region can conveniently sue in Kumba and the employer who is financially viable will be forced to attend court in Kumba. This makes the less privilege to have easy access to justice. Labour suits in themselves are registered free of charge thereby making justice affordable to all at no cost.
Access to justice in Cameroon is easy and it has been made easier with the new law on Judicial Organization, The Criminal Procedure Code (C.P.C), The Structure and Administration of Justice not forgetting the proper functioning of preliminary investigation.
In Cameroon, accused persons charged with felonies are assigned lawyers and these lawyers are paid by the state. This is what is called “State Brief”. These lawyers defend their accused as their client. This state brief is mandatory in all felonies. This practice known as state briefs emanates from the common law system but it is applicable today in the entire nation. State briefs are limited to cases where the defendant does not initially have a lawyer. Once a lawyer has been assigned, he cannot thereafter accept a fee from the party he has been assigned to defend. At the end of the case the lawyer is paid through the state treasury.
The Cameroon Bar rules empowers the court to assign lawyers to provide free legal services to any person in need. The competent judicial and legal officer may appoint ex-officio any advocate or advocate-in-training for the purpose of representing any natural person before his court in accordance with the instruments in force. The advocate or advocate-in-training so appointed shall not be entitled to any honorarium. The counsel so assigned is not entitled to any remuneration and except for justifiable reasons accepted by the court, and the lawyer cannot decline such a case. This therefore makes access to justice reachable to everyone.
The Legal Aid Commission is another public mechanism through which lawyers render legal assistance to needy persons. The commissions are set up at courts of First Instance, Military tribunals, Courts of Appeals and Supreme Court. Legal aid is granted as of right depending on the nature of the case or upon application promised on the state of poverty of the applicant. The commissions cover all costs related to the matter. Once legal aid is granted in a criminal matter an advocate is appointed to represent the defendant. The law regulating the legal aid commission is law No. 76/321 of November 1976.
The Composition is thus:
· Headed by the President of the Court or his/her collaborator
· The secretary is the registrar in attendance
· The Senior Divisional Officer (S.D.O) is a member or his representative
· The applicant of the legal aid.
The file must contain:
1. Hand written application stating the reason and inability of the applicant
2. If he has children, he must show a collective life certificate of the children
3. He must show a taxation certificate which shows that he has no activity that generates income.
4. In Cameroon, the decision whether to grant legal aid rests with the state institutions. The practice of retaining salaried lawyers like the duty solicitor scheme in the United Kingdom does not exist in Cameroon. Lawyers are independent in Cameroon and they operate as private businessmen. This is so because there is no law school in Cameroon to train lawyers. The system of calling to the public bar is void in Cameroon.
In Cameroon, lawyers render Pro Bono legal services to litigants. Cameroonian lawyers in their day-to-day activities provide free legal services in criminal matters for the indigent accused. These services range from counseling, legal education, consultation and bails to representation at trial and drafting of an appeal. The practice is based on the perception of a traditional duty upon lawyers to render justice accessible to the under-privileged.
The Cameroon judiciary is cherished because of the integration of young dynamic magistrates into the corp. The Cameroon government has the National School of Administration and Magistracy where young and dynamic Administrators are trained. These young men and women who graduate from that school are posted to the field and they render justice fearlessly. Before administering justice, they take oath at the Supreme Court. The wordings of the oath are as follows “I ……….. swear before God and man, honesty to serve the people of the Republic of Cameroon, in my capacity as a magistrate, to render justice impartially to all, in accordance with the laws, regulations and customs of the Cameroonian people, without fear, favour or malice, to keep the secret of deliberations; and in all circumstances, at all places and at all times to bear myself as a faithful magistrate”.
The young dynamic magistrates render justice according to this oath and this has made justice accessible to the citizens.

BAIL

In Cameroon, any person lawfully remanded in custody may be granted bail on condition that he provides one or more sureties or deposits a sum of money as may be demanded by the judicial officer in charge of the matter; this is to ensure his appearance either before the judicial police or any judicial authority.
When bail is not granted as of right, it may be granted on the application of the defendant or his counsel and after the submissions of the state counsel, the person granted bail enters into a recognizance to appear before the judicial authority whenever convened and undertakes to inform the latter of his movements.

REMAND IN CUSTODY

In Cameroon, Remand in Custody is an exceptional measure which is not ordered except in the case of a misdemeanor or a felony. It is sometimes ordered for the preservation of evidence, the maintaining of public order, protection of life and property, or to ensure the appearance of an accused before the Examining Magistrate or the court. A person with a known place of abode is exempted from Remand except in the cases of felony.

ILLEGAL DETENTION

In Cameroon, any person who has been illegally detained may when the proceedings end in a no-case ruling or an acquittal which has become final, obtain compensation if he proves that he has actually suffered injury of a particular serious nature as a result of such detention. The compensation shall be paid by the state which may recover same from the judicial police officer, the State Counsel or the Examining Magistrate at fault. The compensation is awarded at first instance by the decision of a commission.
When the action is against a magistrate, the commission is composed as follows;
President: A judge of the Supreme Court
Members: - Two court of Appeal magistrates;
- A representative of the Ministry in charge of Higher State Control;
- A representative of the Ministry in charge of Public Service;
- A representative of Ministry in charge of Finance;
- A member of parliament designated by the Bureau of the National Assembly;
- The President of the Bar Counsel or his representative.
When the action is against a judicial police officer, the commission in addition to the above includes a representative of the Department in charge of National Security or the Gendarmerie, as the case maybe. Each substantive member shall be designated with an alternate member. The substantive and alternate members shall be designated for three judicial years. Those from government departments and institutions must have at least the rank of Director of the Central Administration.
The commission is seized of the matter by application within six months from the date of the end of the illegal detention or the date when no case ruling or acquittal decision become final. The procedure that is followed is that of the Supreme Court; and it is in camera. The reasoned decision delivered by the commission is subject to appeal before the Judicial Division of the Supreme Court. The decision is a civil judgment.
With these conditions, citizens have an easy access to justice in Cameroon because their rights are protected.

JUDICIAL ORGANIZATION OF COURTS IN CAMEROONThe Cameroon Government has organized its Judiciary in such a way that access to it is very affordable. This is seen in Law No. 2006/015 of 29 December 2006 on JUDICIAL ORGANIZATION ORDINANCE. The courts are organized as follows:
- The Supreme Court
- Courts of Appeal
- Lower courts for administrative litigations
- Lower audit courts
- Military Courts
- High Courts
- Courts of First Instance
- Customary Law Courts
We shall therefore expose on how each of the courts can be easily accessed. The Government of Cameroon, has made it possible that justice is administered in public and judgments delivered in open court. Any breach of this renders the whole proceedings null and void “ab initio”. But there are circumstances where hearings take place in camera or in chambers. Also the courts in Cameroon have been given those powers or on the application of one or more of the parties to order a full or partial hearing in camera of a given matter where any publicity thereof may undermine state security, public or morality. In these cases, hearing is not opened to the public and the presiding magistrates makes mention of this in the decision which is usually published.
For void of partiality, the Cameroon judiciary has made it in such a way that judgments are written before they are delivered. All judgments set out the reason upon which they are based in fact and in law. Any breach of this renders the judgment null and void.
It is stated in bold in the judicial organization ordinance of Cameroon, that justice shall be administered free of charge, subject only to the fiscal provisions concerning stamp duty and registration and those concerning the reproduction of the records of proceedings for appeals. In criminal matters the public treasury advances funds and bears all the expenses incurred by the legal department. The legal aid is granted in accordance with the rules laid down in a separate instrument. To cause magistrates to be responsible of their acts, the justice system in Cameroon has made it possible that all judicial acts bear the names of the magistrate(s) of the Bench who take part in the decision-making and are signed by them. Acts whose accomplishment requires the assistance of a court registrar shall bear the name and signature of the registrar.
Where a matter is heard by a panel, the decision of the court is that of the majority. The magistrate(s) in the minority may express their opinion in writing by way of a dissenting judgment and enter it in the file of the matter. Copies of the judgments and judicial warrants, together with engrossments and copies of contracts and all documents capable of enforcement shall bear the executory formula introduced as follows:
“REPUBLIC OF CAMEROON”
“IN THE NAME OF THE PEOPLE OF CAMEROON”
And closed with the following words,
“Wherefore, the President of the Republic commands and enjoins all Bailiffs and Process-Servers to enforce this judgment (or orders, etc), the Procureur General and the State Counsel to lend them support, and all Commanders and Officers of the Armed Forces and Police Forces to lend them assistance when so required by the law”.
It will be wise at this juncture to discuss about the various courts that are mostly used in Cameroon, their composition and functions in the rendering of justice to the people. These are the Courts of First Instance, the High Courts and the Courts of Appeal.

THE COURT OF FIRST INSTANCE
To bring the administration of justice nearer to the people and accessible, a court of First Instance is established in every sub-division in Cameroon and it is situated in the chief town of the sub-division. In sub-divisions where the court is not yet operational, the court in the Divisional head quarter visits as assizes referred to as “circuit courts”
For an easy access to the Court of First Instance the court is sectionalized into 3, i.e. Bench, Preliminary Inquiry and the Legal Department and the composition is as follows:
A) At the Bench
- A President
- One or more magistrates,
- One Registrar-in-Chief,
- Registrars.
B) For the Preliminary Inquiry
- One or more Examining Magistrates,
- One or more Registrars.
C) At the Legal Department
- A State Counsel
- One or more Deputy State Counsel
To avoid delay of composition of panels all cases brought before the Court of First Instance are heard and determined by a single judicial officer. However the President of the court sometime of his/her own motion or on the application of the Legal Department or that of a party, order that a matter be heard by a collegiate bench of three members. In Labour matters the presiding magistrate sits with assessors.
The Courts of First Instance have jurisdiction in
a) CRIMINAL MATTERS:
- To try all offences classified as misdemeanors or simple offences;
- To hear applications for bail lodged by persons detained or charged with criminal offences within its jurisdiction;
- To try felonies committed by minors without adult co-offenders or accessories.
b) CIVIL, COMMERCIAL OR LABOUR MATTERS
- To recover by way of simplified procedure, all unquestionable, liquid and due civil and commercial debts not exceeding 10.000.000 FRS CFA or 20.000 Dollars. But where there is a counterclaim, the Court of First Instance has jurisdiction to entertain the counterclaim, irrespective of the amount claimed.
The President of the Court of First Instance or any other magistrate designated by him/her has jurisdiction to;
- Rule on motions on notice;
- Rule on motions ex-parte;
- Decide on disputes relating to the execution of judgments of the Court of First Instance and any other document capable of such executions, except those of the High Court, Court of Appeal or Supreme Court;
- Rule on applications for exequatur.
The Court of First Instance in criminal matters entertains damages resulting from the commission of an offence. When there is a civil party claim in a criminal action, the court entertains claims above 10.000.000 FRS (20.000 dollars).
In cases where the court of First Instance is hearing a case of juvenile delinquency, its composition includes assessors from the Social Welfare and the proceedings are mostly held in camera.

THE HIGH COURT

In Cameroon a High Court is established in every Division and this High Court is situated in the chief town of the division. However, to bring justice nearer to the people it sometimes hears matters outside its seat known as circuit courts.
The High Court is composed of
a) At the Bench
- A President
- One or more judges
- One Registrar – in – chief
- Registrars
b) For the Preliminary Inquiry
- One or more Examining Magistrates
- One or more Registrars
c) At the Legal Department
- One State Counsel
- One or more Deputy State Counsel

The president of the Court of First Instance at the seat of the High Court may concurrently with his functions be appointed president of the High Court. The same scenario applies to Examining Magistrates, Registrar – in – chief and Registrars.
Cases before the High Court are heard and determined by a single judicial officer but however, the president of the court on his/her own motion or on the application of the legal department, or of a party, orders that the matter be heard by a collegiate bench of three members.
The High Courts in Cameroon have jurisdictions
a) In Criminal Matters
- To try felonies and related misdemeanors
- To hear and determine applications for bail lodged by persons detained or charged with criminal offences within its jurisdiction.
b) In Civil, Commercial and Labour Matters:
- To hear and determine suits and proceedings relating to the status of persons, civil status, marriage, divorce, filiations, adoption and inheritance;
- To hear matters where the amount of damages claimed exceeds 10 million francs CFA (20.000 dollars) as well as all unquestionable, liquid and due commercial claims, of whatever amount, where the obligation arises from a cheque, a promissory note or a bill of exchange.
c) In non – administrative matters:
- To hear and determine all applications for an order prohibiting any person(s) or authority from doing or performing any act in respect of which he is not entitled or competent to do by law (prohibition);
- To hear and determine all applications for an order commanding any person(s) or authority to do or perform any act which he is required to do by law (mandamus).
The president of the High Court or a judge designated by law is competent to hear and determine:
a) Disputes relating to the execution of the decisions of the High Court;
b) To hear and determine applications for immediate release (habeas corpus) lodged by or made on behalf of persons taken in charge or detained illegally or without warrant.
During criminal trials the High Court entertains claims for damages resulting from the commission of the offences.

COURT OF APPEAL
A court of Appeal is established in every Region and it is situated in the chief town of the region. It is composed depending on the needs of service, of:
- One or more Benches for motions and urgent applications
- One or more Benches for disputes relating to the enforcement of decisions
- One or more Benches for Civil and Commercial matters
- One or more Benches for Labour matters
- One or more Benches for traditional law matters
- One or more Benches for felonies
- One or more Benches for misdemeanors and simple offences
- One or more Benches for inquiry control
The president of the Court of Appeal has those powers to merge two or more benches and the judges are assigned to the benches by the order of the president. Some judges may be members of more than one bench.
Where the court is hearing appeals against the judgments of a military tribunal or has to rule on application for release subsequently to such an appeal, a military magistrate appointed for this purpose occupies the bench of the legal department. The activities of the military magistrate are limited to representing the legal department at the hearing. Cases falling within the jurisdiction of the court of Appeal are heard by three judicial officers who are members of the said court but where the court is sitting to determine an appeal against the judgment of Military Court. One of the three judicial officers is replaced by a military judge and in his absence by the officer of the Armed Forces. This officer of the Armed Forces before sitting court takes oath before the said court.

EXAMINING MAGISTRATE

During judicial inquiry, the Examining magistrate is assisted by a registrar and the defendant may be represented by counsel. The Examining magistrate conducts the inquiry in his chambers under closed doors but he may allow the public to have access to his chambers depending on the matter. He may on his own motion and by a ruling grant the Defendant bail. Once the Examining magistrate is seized with an application for bail, he shall within five days thereof deliver a ruling either granting or refusing bail. The application for bail is recorded on the day of its deposit and a copy thereof mentioning registration is handed to the person who deposited the application. Within 24 hours of the registration, the application is transmitted, together with a copy of the file to the State Counsel for addresses. Within 48 hours of its receipt, the State Counsel has to return the file to the Examining Magistrate, together with his addresses, who has to deliver a ruling within 48 hours either granting or refusing bail. The ruling is served on the defendant without delay. Silence on the part of the Examining magistrate within 5 days is tantamount to rejection and in such a case; the defendant has a right to lodge his application before the inquiry control chambers of the court of Appeal.
The Examining magistrate closes the preliminary inquiry either by a committal order before the court of First Instance or High Court or by a no-case or partial no-case ruling or by a ruling declining jurisdiction, as the case may be. As concerns felonies, the Examining magistrate of a High Court shall be competent to carry out preliminary inquiries throughout the area of jurisdiction of the said High Court. However, the Examining magistrate of a court of First Instance located elsewhere other than at the seat of the High Court carries out preliminary inquiries for felonies and related misdemeanors committed within his area of jurisdiction.

THE LEGAL DEPARTMENT

This is a department that ensures the enforcement of laws, regulations and judgments and may, in the interest of the law, make any request it considers necessary before the court. In criminal matters and without prejudice to the rights of the civil party, it searches for offences, institute and carry-out prosecutions, and issue any warrants necessary for the institution and prosecution of criminal action. The presence of the Legal Department in court is obligatory in criminal matters and optional in any other matter, except otherwise provided by law. The public treasury advances and defrays the court charges borne by Legal Department.
There is a Legal Department attached to each court of Appeal, headed by a Procureur General (Attorney General) who is under the direct authority of the Minister in charge of Justice.
There is a Legal Department attached to each High Court or Court of First Instance, headed by a State Counsel directly subordinate to the Procureur General at the court of Appeal of the area of jurisdiction. The State Counsel and the deputy State Counsel of the court of First Instance at the seat of a High Court may, concurrently with their functions be appointed State Counsel and Deputy State Counsel of that High Court.
This judicial organization of courts in Cameroon has facilitated access to justice because the litigants know their rights and know which court to seize in case of litigation.

IMPEDIMENTS

Though the Cameroon Judiciary by its laws and acts has facilitated the access to justice in Cameroon, there are a lot of impediments that have made it difficult for these good laws and ideas to be implemented in the Cameroon Judicial Systems.
1. Low salaries of judicial authorities:
The judicial authorities in Cameroon are not well paid compared to their counter-parts elsewhere. This is one of the causes why some people say the Cameroon judiciary is corrupt because the public expects too much from them and they have to leave up to the standard without the means available. Some judicial authorities turn to receive illegal gains from litigants thereby causing access to justice difficult to the poor.
2. Lack of sensitization of laws
Cameroon judiciary has good laws but the citizens do not have access to them because they are not sensitized. Laws are promulgated and published in the official gazette in English and French but not all people have access to these gazettes. They are published in news papers and announced over the radio but these newspapers and radios do not cover the entire territory. This causes citizens to continuously live in ignorance. There are very few citizens who know about the legal aid commission, and this causes the poor to suffer injustice because they always cry for lack of finance to follow up their matters.
3. Nonpayment of Output Allowances (Emoluments) to judicial authorities and Bailiffs.
All acts carried out by the judicial authorities and Bailiffs as to criminal matters are covered by the state but for a while now, these allowances have not been flowing. Bailiffs are suppose to serve summonses to criminal litigants through the help of this medium but since the state treasury cannot cover up their charges, summonses are difficult to be served to litigants and this delays justice and at the same time make access to justice difficult. These output allowances motivates the judicial authorities to do their job judiciously but today, judicial authorities are reluctant because of lack of incentive from the state.
4. Nonpayment of Lawyers. Dues by the State (State briefs and Legal aid Commission)
The granting of state briefs and legal aid is exclusively within the control of the state authorities and as a result the public funded aid system is fraught with certain fundamental drawbacks that impair the provision of aid by lawyers.
For the state briefs, the remuneration is quite low and discouraging for lawyers and this makes the lawyers not to put in their best because of the meager remuneration. This causes but fresh lawyers who lack experience to handle serious offences like capital murder.
For the legal aid commission, it is difficult to sit because the quorum is hardly attained and if the matters are assigned, the lawyers face the same difficulties as those of state briefs.
5. Inaccessible Legal services of magistrates and lawyers.
The Cameroon judiciary has only about one thousand magistrates who render justice to a population of over 18 million people this makes the magistrate to be over loaded with case files and thereby making them not to be very effective in the exercise of their duties. This makes access to justice very difficult for a magistrate on a daily bases has about 50 matters on the cause list which he cannot handle. This causes too many adjournments thereby delaying justice and justice delayed is justice denied.
Lawyers are about 2000 in number with a population of over 18 million people. Lawyers are therefore very few to render adequate legal aid to needy persons and statistics show that most lawyers in Cameroon are based in urban areas. This makes the services of lawyers relatively inaccessible to the rural poor who constitute a significant percentage of the population.
While there is a school for training of magistrates in Cameroon, there is no formal institution for the training of lawyers. Pupil lawyers train under other lawyers without any specific training program or external supervision. Consequently, they lack basic training on human right laws and practices. Most of the lawyers lack the knowledge and requisite skills in contemporary and innovative approach to rendering legal aid.
6. Judicial Delays
Slow court processes and multiple adjournments caused by congestion of cases; incomplete case files, non-appearance of witnesses and non-production of defendants from prison custody are very common. Some criminal matters remain pending in court for very long periods. Considering the fact that investigations and prosecution of criminal matters is substantially within the purview of the legal department, judges and lawyers usually have very little to do with the lengthy delays. However, some lawyers have the propensity of clogging the wheels of justice by adopting tactics that unnecessarily prolong cases.
These impediments cause access to justice very difficult and cumbersome to litigants and citizens in general.

CONCLUSION

For justice to be rendered accessible and affordable there must be cooperation between lawyers and other institutions in the criminal justice process. Such co-operation will positively impact the quality and effectiveness of the manner of handling of cases from investigation to the rendering of judgment.
The government should review the salaries of judicial authorities to make them independent and free from having the desire to receive unwanted incentives from litigants. The output allowances of judicial authorities and those of Bailiffs should be paid up to date and this will cause them to be effective in rendering their services.
The government should look for a medium to cause the available laws to reach the rural areas. This can be done through the village heads. All laws enacted should be sent to all departments to distribute them to their personnel and this will cause all citizens to have knowledge of the existing laws.
The state should increase the intake of magistrates into the National School of Administration and Magistracy and recruit more lawyers into the Bar association.
State briefs and legal aid commission matters should be paid within a reasonable period.
Notwithstanding these difficulties, the Cameroon judiciary has easy access as compared to other countries in Africa.

REFERENCES

- Criminal Procedure Code of Cameroon; Law No. 2005/007 of 27th July 2005.
- Law No. 2006/015 of 29th December 2006 on Judicial Organization.
- Access To Justice in Africa and beyond (making the Rule of law a Reality) by the Penal Reform International and Bluhm Legal Clinic of the Northwestern University School of law.

**Metiege Divine Njikang is a presiding and examining magistrate of the court of First Instance in Muyuka, Fako division and the court of Appeal of the Southwest region in Cameroon.