INTRODUCTION TO LAW NOTES Dr. ENOW BAIYE

A Comprehensive Guide to Introduction to Law for the Cameroonian Higher National
Diploma(HND)
Compiled by Dr. ENOW BAIYE
INTRODUCTION TO LAW LECTURE NOTES FOR HND

Dr. ENOW BAIYE
Course Outline
Chapter One: Nature and Scope of Law
Chapter Two: Sources of Law in Cameroon
Chapter Three: Application of Law
Chapter Four: Offences/Crimes and Punishments in Cameroon
Chapter Five: Judicial Organisation in Cameroon
Chapter Six: Personnel of Justice in Cameroon
Chapter Seven: Principles governing the Administration of Justice in Cameroon
Chapter Eight: Adoption
Chapter Nine: Legal Personality
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CHAPTER ONE
NATURE AND SCOPE OF LAW
Every society is governed by law. Without law, a society will be anarchical in nature. That is,
there will be disorder in the society. Law usually varies from one country to another or
society. This explains why wherever there is society, there is law, expressed in maxims as
‘‘Ubi Societas, ibi Jus’’; Ubi jus, ibi societas.
Generally speaking, law refers to a body of rules and regulations that governs the behaviour
of citizens in a particular society.
Usually, the non-application of law is the application of sanctions which can either be civil or
criminal. The civil sanctions are governed by the Civil Code and usually entail the payment of
damages. The criminal sanctions on the other hand are punitive in nature and can principal in
nature (death sentence, loss of liberty and fines), accessory and preventive in nature.
I.I-Aims /Functions of Law
There are several finalities of law. These finalities include:
 To prevent the further commission of crimes

 Maintenance of peace, order and tranquility
 Reconciliation
 Correction of someone’s morality
 To render justice
 Protection of the society
I.II-Characteristics of Law
Law has three principal features: general, permanent and obligatory or coercive
a) The General Character of Law
This character implies that law is applicable to everyone in the society with no exception.
This explains why Article 1 of the Penal Code provides that all are equal before the law
without any distinction.
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Equality before the law implies that those who commit similar crimes should be judge under
similar jurisdictions competent to handle such crimes.
The general character of the law is to guarantee against arbitral rule and discrimination of
persons. However, the principle of impersonality of the law can be a source of injustice. For
examples, the situations of minors and major incapables, parliamentary immunities etc.
b) Obligatory character of Law
It implies that law has a constraining character. Thus any violation of law within the state will
results to the application of sanctions. For example, if may commits murder, he will be
sanction for that. The coercive character helps to maintain order in the society as it deters
people from the further commission of an offence.
c) Permanent Character of law
This character simple implies that the law is in a written form. This help judges to easily trace
sanctions within the prescribed text. However, where the law is silence, obscure or
ambiguous, the judge must pass judgment in that particular case, if not he will be held liable
for denial of justice as provided by Section 4 of the Civil Code. This gives the judge
discretionary powers in such situations. Since reunification of the two Cameroon’s there have
been a lot of laws that have been codified in Cameroon like the Penal Code, Labour Code, and
Criminal Procedure Code etc.
I.III- Branches of Law
There are two main branches of law: Public and Private Law
a) Public Law
Public Law is that part of law, which governs relationship between the States
(government/government agencies) with its subject and also the relationship between
individuals directly concerning the society.
The Public Law deals with the social problems in the broad context and may include the
following heads: Constitutional Law, Administrative Law, public finance etc.
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b) Private Law
Private Law is concerned with the relationship between individuals with one another or
private relationship between citizens and companies that are not of public importance.
In the case of Private Law, the role of the State is merely to recognize and enforce the relevant
law and to adjudicate the matters in dispute between them through its judicial organs.
Law of Torts, Law of Contract, Private and Intellectual Property Rights, company law,
contract law, banking Law, business are the subject matters of Private Law.
Assignment: Different between legal and non-legal rules
Differences between Private Public and Private Law
Public Law Private Law

It deals more with issues that affect the It focuses more on issues affecting
general public (may be individual, citizen or private individuals, or corporations
corporation) or the State itself.
The persons concerned in a Public Law, right Both of the persons concerned in Private
are, therefore, necessarily dissimilar, one of Law, rights are as a rule, perfectly similar,
them being always that highly abnormal and of that normal type which requires no
person which is called a State. special investigation
In Public law the State is not only arbiter, but In Private law the State is indeed present, but
is also one of the parties interested. it is present only as arbiter of the rights and
duties which exist between one of its subjects
and another.
Public Law is concerned with the structure Private Law is concerned with both
of government, the duties and powers of substantive and procedural rules
officials, and the relationship between the governing relationship between
individual and the State individuals
I.IV-Cameroon Bijurial System of Law
Cameroon practices a bi-jurial system of law: common law and civil law. These two systems
of laws are rooted to our colonial heritage. The common law is practiced in the two
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Anglophone regions of Cameroon (North West and South West) while civil law is deeply
practiced in the 8 French speaking regions of Cameroon. It is worth noting that with the
reunification of the two Cameroon’s, harmonization has taken place in most areas of laws in
the country. E.g. the country has one Penal Code, Labour Law, and Criminal Procedure Code
etc. Despites this harmonization, the peculiarity of our system of laws still stands firm. This
explains why the granting of the Special Status in the Anglophone regions was to take into
consideration our judicial system.
Differences between Civil Law and Common Law
1. Origin
Common law originated from the Anglo-Saxon system of law while civil law originated from
the Romano-Germano System of law.
2. Sources
The Common Law is generally unmodified and is based on the doctrine of binding precedent
meaning the judicial decisions that have already been made in similar cases. Better still, it
refers to application of a decision by judges, reached in a particular case to a similar case that
arises later, if the facts of the two cases are materially the same.
While civil law is codified.it is always written down in a text. Codification refers to the
process whereby the various rules of law are created by the parliament and laid down in books
of law called statutes (Statute or Parliamentary Acts).
3. Adversarial v. Inquisitorial System
Common Law functions as an Adversarial System and inquisitional system is followed in

Civil Law System.
The adversarial system of justice requires the judge to come to court as a neutral referee,
ignorant of all the evidence adduced during preliminary inquiry. He only becomes acquainted
with the facts of the case at the trial.
In an Inquisitorial System, a judge is involved in the preparation of evidence along with the
police and in how the various parties are to present their case at the trial.
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4. Role of the judge
The common system requires the judge to come to court as a neutral referee. He has no
investigatory power, while in civil law; the judge takes on the role of prosecutor. He has an
investigatory power.
5. The role of jury trial
There are no jury trials in an ‘Inquisitorial System’ and a judge can compel an accused to
make statements and answer questions. This differs from the Common Law and adversarial
system of not to take the stand in one’s own defense. In other words, juries are mostly used in
common law.
6. Area of applicability
Common law is applicable in the Anglophone regions of Cameroon while civil law is
practiced in the French speaking regions of Cameroon.
7. Examination of witnesses
In the inquisitorial system, the lawyers play little or no role in the examination of the
witnesses. This is done mostly by the judge.
In the English law system, examination of witnesses is at the center. This is mostly carried out
by the lawyers of the two parties. The role of lawyers in examination of witnesses will
depend on the type of examination. There are three types of examination.
- Examination- in-Chief
Examination-in chief is done by the witness lawyer who takes on him for the first time in
order to establish his case
- Cross Examination
This is when the opposite lawyer examines the witness
- Re-examination
This is when the witness lawyer takes on him again.
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8. Burden of proof
In the common law system, an accused is proven innocent until proven guilty (‘‘actori
incumbit probatio onus probandi incumbit et qui decit’’ literally meaning ‘‘impute no guilt
until guilt has been proven’’. This is governed by section 8 of the Penal Code.). But in the
civil law system one is considered guilty until proven otherwise).
In Criminal as well as in Civil Law there is one legal duty known as the burden of Proof [it
refers to the duty to prove your claim before a court] is upon the Plaintiff in Civil Matters and
in the Prosecution in Criminal matters.
9. Role of lawyers
In the civil system, the main role of the lawyers is to advise a client on legal proceedings,
write legal pleadings and help provide favourable evidence to the investigative judge. This is
not the case with common law where the lawyers adversely argue their side of the case and
the judge has to listen to both parties to come to a conclusion.
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CHAPTER TWO
SOURCES OF LAW IN CAMEROON
The word source refers to the hall mark of law or the origin of law. There are two main
sources of law in Cameroon: primary and secondary sources.
II.I- Principal Sources of Law in Cameroon
The principal sources of law in Cameroon international and National Sources
II.I.1-International Sources
1. Purely International Sources
This is made up of treaties and conventions concluded between States, aimed at creating
effect at law and are regulated by international law. These treaties and contentions are mostly
multilateral in nature.
Section 43 of the Cameroon Constitution gives the President of the Republic the power to
negotiate and ratify treaties and international agreements. Treaties and international
agreements falling within the area of competence of the legislative power shall however be
submitted to Parliament for authorization to ratify.
Duly approved or ratified treaties and international agreements shall, following the
publication, override national laws, provided the other party implements the said treaty or
agreement. This implies that international law supersedes our national law 1. Examples
include: Universal Declaration of Human Rights, African Charter on Human and Peoples
Right etc.
2. Community Sources
These are sources that emanates from a regional community level such as CEMAC region,
ECOWAS or the EU. Examples of such law include: OHADA, CIMA Code etc.
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Section 45 Cameroon Constitution.
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II. I.2-National Sources
1. The Constitution
The Constitution is the supreme fundamental norm of every country as stated by Hans Kelsen
in his Grundnorm theory. Although not explicitly so-stated, the Cameroonian Constitution is
treated as the supreme law of the land.
Article 2(1) of the Constitution vests national sovereignty in the people who exercise this
either through the President of the Republic and members of the Parliament, or by way of
referendum.
The Cameroon Constitution is divided into two parts: the Preamble and the Body.
The preamble is the first part of the Constitution and it gives the rights and duties of citizens
in the country as well as the obligation of the State towards her citizens.
The body constitutes the second part of the Constitution and it elaborates on the principle of
separation of power as put forward by Montesquieu where power is separated into the
legislative, executive and judiciary body. The Cameroon Constitution is divided into 69
Articles which is subdivided into 13 parts.
Since independence and the reunification of the former British Southern Cameroons and the
French Cameroun, the country can be said to have had at least three different Constitutions
and numerous constitutional amendments.
What can be considered to be the first Constitution was in reality the Constitution under
which French Cameroun became independent on 1 January 1960. The second Constitution
was in reality simply an amendment of the 1960 Constitution of the French Cameroun in
1961, when the British and French administered parts of the country were reunited and was
styled as the Constitution of the Federal Republic of Cameroon, which ushered in a highly
centralized federal system. On 2 June 1972, after a referendum, a new unitary Constitution
was adopted and the name of the country was changed to the United Republic of Cameroon.
What is currently in force is this 1972 Constitution.
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2. Legislation/Law
This is a body of rules enacted by the parliament.
Section 25 of the Cameroon Constitution gives the parliament and the president of the
prerogative to vote bills.
A bill is a proposal which have not been adopted as a law
The Cameroonian Constitution distinguishes between parliamentary power to legislate (le

pouvoir législatif) and the governmental power to issue rules and regulations (le pouvoir
réglementaire)
The parliament power to legislate is governed by Article 26 of the Cameroon Constitution.

This article, in broad terms, identifies six areas that fall within the reserved legislative domain
(domaine de la loi)
- The fundamental rights, guarantee and obligations of the citizen

- The status of persons and property ownership system
- The political, administrative and judicial organisation
- Financial and patrimonial matters
- Programming the objectives of social and economic actions
- The system of education
The governmental power to issue rules and regulations (le pouvoir réglementaire) is governed
by Article 27 of the Cameroon Constitution.
Article 27 provides that:
Matters not reserved to the legislative power shall come under the jurisdiction of the
authority empowered to issue rules and regulations.
The President of the Republic (Article 8(5), the Prime Minister (Article 12(3), and a host of
other government officials share this general power to issue rules and regulations.
The second major instance of governmental intervention is provided for in Article 28 of the
Constitution.
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According to this provision:
Parliament may, on matters falling within its reserved legislative domain, “empower
the President of the Republic to legislate by way of ordinance for a limited period and
for given purposes.
To be valid, such ordinances must be tabled before the bureau of the National Assembly and
the Senate for purposes of ratification within the time limit lay down by the enabling law.
3. Customary Law
Customary law refers to an old and existing practice that has been going on in a society for a
long time and is generally accepted by all in that community.
In pre-colonial Cameroon, there existed a wide variety of what is today known simply as
traditional or customary law. Both the British and the French recognized and enforced
customary law. However, not every custom or usage was recognized and enforced as
customary law. Since independence, the evolution of customary law in the two legal districts
of the country has been slightly different.
In the Anglophone regions, the recognition and enforcement of customary law is subject to a
repugnancy test laid down in a pre-independence statute, section 27(1) of the Southern
Cameroons High Court Law, 1955, which provides for the recognition and enforcement of
only customary law which is not repugnant to natural justice, equity and good conscience or
incompatible either directly or by implication, with any existing law.
Customary Courts in the Francophone Regions and those in the Anglophone regions are made
up of two types. There is first, the Tribunal de Première Degré which was created in 1959 in
the then Republic of Cameroon (before reunification of the two parts).
The second type is the Tribunal Coutumier which is presided over by the Divisional Officer of
the seat of the court and is assisted by two elders from the community acting as assessors. The
court has jurisdiction over matters relating to property and commercial transactions.
Also, the Muslim law that was in place in large areas of the northern part of the country was
also treated as part of customary law. There is also Alkali Courts for Muslims which apply
Sharia law.
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Constitutive elements as custom as a Source of Law
a)Material element
- Old and existence practice

- Generally accepted by all especially those of the community since customary practices
also varies from one community to another
b) Psychological element
- This goes to the feeling of belonging together like speaking the same language. The
same dressing, traditional dishes etc.
II.II- Secondary/Complementary Sources of Law in Cameroon
1. Law Reporting
Whilst laws enacted by Parliament and some subsidiary legislation are published in the
official Gazette of the Republic of Cameroon, which is printed by the National Printing Press,
there is no regular and efficient system of law reporting in Cameroon. Since the 1960s, a
number of short-lived but commendable efforts in this direction have been started but quietly
abandoned.
2. Jurisprudence /Judicial Precedent
It refers to an assembly of decisions rendered by the jurisdictions of a State.
According to the classical argument, Jurisprudence constitute a source of law in the sense that
where the law is silence, obscure or ambiguous, the judge must pass judgment in that
particular case, if not he will be held liable for denial of justice as provided by section 4 of the
Civil Code. This gives the judge a discretionary power when it comes in passing judgments.
With the modern argument, the role of jurisprudence as a source of law in Cameroon depends
on whether one is in the English speaking Anglophone or French speaking Francophone
regions of the country. The English legal system on which the law applied in the Anglophone
regions is based on judicial precedent differently from the way the French civil law in the
Francophone regions is based.
The implication of the doctrine of binding precedent or ‘stare decisis’ here is that the decision
imposed by the Supreme Court will be binding on the inferior courts. This results from the
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combine reading of section 35(i) of Law No 2006/016 of 2006 provides amongst the grounds
for appealing a decision to the Supreme Court and Article 485(I-i) of Law No.2005/007of 27th
July 2005 relating to the Criminal Procedure Code which shows that the jurisprudence of the
Supreme Court is a formal source of law.
Generally, the attitude towards judicial precedent in Francophone Cameroon is different.

Subject to the modifications introduced by section 35(i) of the 2006 Law, judiciary precedent
is not regarded as a primary source of law. However, precedents, especially of the superior
courts, although not strictly binding, are of highly persuasive value in the Francophone courts.
3. Doctrine
It refers to legal writings or opinions of authors. Doctrine helps in organisation and

systemization of positive law. Though doctrine is not a binding source of law, it can help
provide clarity to a judge in interpreting a law which was not clear.
II.III-Stages/ Procedures for the Adoption of Law in Cameroon
The procedures for adopting a law in Cameroon include:
a) Voting of the law
- This is the first stage of elaboration of the law

- Article 25 of the Constitution gives this competence to the Parliament and the
president of the republic by stating that bills shall be tabled either by the parliament or
president of the Republic
b) Promulgation of the Law
- This is the stage where the bill that have been voted by the parliament is been
submitted to the President of the Republic for approval.
- Section 31 of the Cameroon Constitution gives the President 15 days to enact laws
voted by the parliament, failing this deadline; the president of the Senate shall encact
such law.
- The exception of this rule is when the president request for a second reading or refer
the matter to the Constitutional Council.
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c) Publication of the Law
- Law enacted by the president of the Republic shall be published in the official Gazette
in both English and French as provided by Section 31(3) of the Cameroon
Constitution.
- The importance of publication of the law is for the citizens to be aware of the
existence of the law since ignorance before the law is no excuse- Ignorantia Juris
Non Excusant.
d)Entry into force or vigour
- The law enters into force the same night when it is published in the National City and
in other areas; it may take to successive nights.
II.IV- Functions of The Parliament, Senates and President
A- Functions of the MPS

- Vote the law of the State
- Vote national budget
- Represent the country in international parliamentary forum
- Carry out micro- projects in their constituencies
- Forward the problems raised by their constituencies to government officials for
redress
- Control government Action through question –answers sessions.
B. Functions of the Senators
An important innovation of the 1996 Constitution was the creation of the Upper house of
parliament called the Senates. The senate consists of 100 members, with each region having
10 senates. 70 percent of the senators are been elected by an Electoral College comprising of
municipal councilors while 30 percent are appointed by the President of the Republic. Each
region shall be represented by 10 senators of which 7 are elected by indirect universal
suffrage while the remaining 3 are appointed by the President.
The main functions of the senators in Cameroon include:
- Scrutineses bills proposed by the government or members of the parliament;

- Draw up its Standing Orders;
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- Enact laws bearing on the national budget, civil liberties and fundamental freedom;
- Can play a critical role on matters relating to the internal security, political integrity
and independence of the country;
- Guarantees smooth transition at the helm of power.
C.Functions of the President of the Republic
- He is the Head of state

- Head of arm force
- Ratifies international treaties and conventions
- Defines the country’s priorities in domestic and foreign policies
- He appoints senior military officials of the land, PM etc.
- Signs ordinances
- Promulgates laws
- Declares state of siege and emergency
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CHAPTER THREE
APPLICATION OF LAW
The application of criminal law can be done in time and space
III.I- Application of Law in Time
This section will examine the general principle as well as the exceptions.
Application of the Principle
The application of law in time is also known as the principle of non-retroactivity of the law or
non- retrospection of law.
This principle is governed by S. 3 of the Penal Code. This principle states that a new law shall
not apply to acts or omissions committed before its coming into force. In other words, a new
law applies in futuro.
Exceptions to the Principles
a) Less severe law (in mitius retrospection)
This is governed by S. 4(1) of the Penal Code. According to this section, if a new criminal
provision is less severe in nature, will be applicable to any offence in respect of which
judgment has not been delivered before its coming into force.
b) More severe law
This is governed by S. 4(2) of the Penal Code. According to this section, if a new criminal
provision is more severe in nature, the old law will continue to be applicable to offences
committed before its coming into force.
c) Preventive measure
This is governed by S. 5 of the Penal Code. According to this section, if a new criminal
provision is more severe in nature, and it acts as a preventive measure, the new law will be
applied to cases where final judgment has not taken place.
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d) Repeal of law
This is governed by S. 6 of the Penal Code. This provision provides that if a new law cancels
an existing old offence, the new law will be applied.
Preventive measures are coercive individual measures imposed on individuals considered as

dangerous to the social order so as to stop them from committing offences they are disposed
to committing.
III.II- Application in Space
Application of the Principle
This principle is also known as the principle of territoriality of the law. This principle is
governed by S.7 of the Penal Code. This provision states that any offence committed in
Cameroonian territory either by a Cameroonian citizen or a foreigner, the Cameroonian law
will apply (Lex loci delicti). The reason for the existence of this principle is that lies on the
fact that punishment would have a solid intimidating value in the place of commission of the
offence. Also, investigation and search for evidence will be facilitated if they were carried out
within the territory where the offence was committed.
Exceptions to the Principle
a) Offence committed partly abroad
According to S.8(1) of the Penal Code, offences committed partly abroad are those that the
criminal was standing on the Cameroonian territory before committing the offence when the
end result of the offence occurs in a different territory.
b) Offences committed wholly abroad
This is governed by S. 8(2) of the Penal Code. When a Cameroonian commits an offence
abroad, there will be comparism between the Cameroonian law and the foreign law and the
law that is less severe will be applicable.
c) The principle of universality of law
This system is also referred to as the universal character of the right to punish. It empowers
the judge of the place of arrest of the offender to hear and try offences committed without
regard to the place of commission or nationality of the offender or the victim. According to
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S.11 of the Penal Code, the Cameroonian court can try and apply Cameroonian law to
international offences: piracy, traffic in persons, slave trade and traffic in narcotics,
committed outside the territory even by foreigners.
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CHAPTER FOUR
OFFENCES/CRIMES AND PUNISHMENTS IN CAMEROON
IV.I- Crimes
A crime legally speaking is some conduct of human behaviour prohibited by the criminal law
Examples include murder, forgery, theft, abortion, rape etc.
IV.1.I-Elements of a Crime/Offence
There are two elements of a crime:
a) Physical Element/ingredient (Actus Reus)
It is the result of the crime. This is governed by Section 74(2) of the Cameroon Penal Code. It
is the ingredient that must be found in all crimes.
The actus rea may consist of three elements:
- The willed movement or omission

- The surrounding circumstances
- The prohibited consequences
b) Mental Element (Mens Rea)
It consists of intention which may include recklessness.
IV.I.2- Classification of Offences in Cameroon
Section 21 of the Cameroon Penal Code classifies Offences into three: felonies,
misdemeanours and simple offences.
1. Felonies
A felony shall mean an offence punishable with death or loss of liberty for a maximum of
more than ten years. This is the highest level of offences committed in Cameroon. An
example include theft, murder (275, 276 CPC etc).
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2. Misdemeanours
A misdemeanours mean an offence punishable with loss of liberty for more than 10 days but
not more than ten years and payment of fine of more than 25,000Cfa.
3. Simple offences
A simple offence shall mean an offence punishable with loss of liberty for up to ten days or
with fines for up to 25, 000Cfa.
There are four classes of simple offences:
a) Simple offences of the first class
These are offences punishable with a fine from 2000-12000Cfa.
Examples include:
- Those who fail to clean the streets and the pathway ways in localities where the
residents are responsible for such cleaning
- Those who encumber the highway by leaving or depositing materials which may
endanger the safety of people
- Those who throw or expose materials in front of their houses capable of causing harm
- Those who carelessly throw rubbish on another
- Those who are found drunk and disorderly in public places etc.
b) Simple offences of the second class
These are offences punishable with a fine from 1400 -2400Cfa.
Examples include:
- Those who allow their animals to roam freely causing harm to another or even posing
threats to passerby
- Those who employ people of less than 18 years for the sale of alcoholic beverages
- Those who carelessly damage telephonic or telegraphic installation apparatus etc.
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c) Simple offences of the third class
These are offences punishable with a fine from 2600 -3600Cfa.
Examples include:
- Those who cause injury or the death of an animal belonging to another

- Those who allow their livestock to feed on the land another with their permission
- Those who violate regulations or orders pass by municipal authorities etc.
d) Simple offences of the fourth class
These are offences punishable with a fine from 12000 -25000Cfa or with imprisonment of
sdays-10days or with both.
Examples include:
- Those who use in a manufacturing process any product prohibited by the text in force
- Those who do not respect the period of time for the declaration of birth etc.
IV.II-Punishment
Punishment may be referred to as the infliction of consequences normally considered

unpleasant on a person or corporation conviction for the crime.
IV.II.1-Reasons for the Institution of Punishment
 For vindication or vengeance

 Denunciation
 Protection of the society
 Deterrence
 Reform and rehabilitation
 For education
IV.II.2- Types of Punishment for Offences in Cameroon
1- Principal punishments
Section 18 of the Penal Code provides that the principal punishment for offences committed
in Cameroon include:
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- Death
- Imprisonment
- Payment of fines
2. Accessory penalties
They are governed by section 19 of the Penal Code. They include:
- Forfeiture
- Publication of the judgment
- Closure of an establishment
- Confiscation
3. Preventive penalties
They are governed by section 20 of the Penal Code. They include:
- Ban on occupation
- Preventive conferment
- Post penal-supervision and assistance
- Confinement in a special health institution
- Confiscation
Alternative Penalties
The term alternative used in the context of the penal law alludes to penalties which are passed
instead of the traditional principal penalties of imprisonment or fine. All crimes punishable
with crime only may be replaced with an alternative penalty. There are basically two
alternative penalties which are community service and reparatory sentence. The intent of the
legislator is to combat prison crowding.
The availability of alternative sentences obeys a two-years imprisonment sentence threshold

provided by the legislator. Hence, offenses punishable with imprisonment of up to two (02)
years may not be replaced by community service, as offenses punishable with imprisonment
of more than two (02) years may not be replaced with reparatory sentence.
Strangely, the law provides for a regulation to follow, laying down the implementing text,
contrary to the constitution which reserves penal law-making to parliament.
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The law excludes certain categories of offenses from alternative sentences, specifically:
offenses against the law of arms, sexual offenses, and bodily injury offenses.
2.1 Community Service
Community service is executed, without remuneration, for the benefit of a public corporation,
a private corporation in charge of a public service mission or an association performing
community service. The law requires that the convict give his prior consent to his
imprisonment or fine sentence being alternated with community service.
Community service sentence is fixed in the court’s judgement between two hundred (200)
hours to two hundred and forty (240) hours. It appears it is a sentence which the legislator
wants the convict to serve within a maximum period of two (02) months.
The community service comes in an alternative judgement in the sense that it states an
alternative unsuspended prison sentence to be served in default of performance of community
service.
2.2 Reparatory Sentence
The intent of the legislator is to provide an opportunity for an offender to make amends to the
victim of his offense in some categories of crimes not considered to be too serious. In such a
sentence, the court orders the convict to indemnify the victim by providing pecuniary or
monetary payment for the victim’s damage or loss within a prescribed period and under
conditions laid down by the court. It is an alternative judgement stating an alternative
unsuspended prison sentence to be served in default of performance of reparatory sentence.
It is very tempting to confuse the bottom-line of the reparatory sentence with the civil claim
or the special obligation that the court has discretion to impose on a convict to compensate the
victim for damage caused by his offense provided in Section 42 (6) PC.
IV.III- Criminal Irresponsibility/Defenses to Criminal Responsibility
1. Accident and Physical Compulsion
This is governed by Section 77 of the CPC. In the case of an accident or irresistible physical
compulsion, there will be no criminal responsibility.
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2. Insanity
Section 78(1) of the CPC provides that ‘No criminal responsibility shall arise from the act or
omission of a person suffering from mental illness which deprives him of all will-power or of
the knowledge that what he does is blameworthy’.
Mental illness whose consequences are only partial will leads to diminishing of responsibility.
3. Intoxication
Involuntary intoxication which pushes one to commits an offense will avail the person from
criminal responsibility. However, this will not be the case where the intoxication was
voluntary2.
4. Infancy
Section 80 (1) CPC provides that No criminal responsibility shall arise from the act or
omission of a person aged less than 10 years.
However, for an offence committed by a person aged over 14 years and under 18 years,
responsibility will diminish.
A person aged 18 years or over, shall be responsible as an adult.
5. Threats
Section 81(1) CPC provides that No criminal responsibility shall arise from submission to
threats, not otherwise avoidable, of imminent death or grievous harm. In a case where the act
of the person results to death or grievous harm, responsibility will reduce.
6. Compulsion
Section 82 of the CPC provides that Responsibility shall diminished for an offence
committed:
- By a person aged lees than 18 years under the compulsion of his parents or of the
person having charge him or responsible him under customary law
- By an employee or subordinate under the compulsion of his employer or superior.
2
Section 79 CPC.
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7. Obedience to lawful Authority
Section 83(1) of the CPC provides that no criminal responsibility shall arise from an act
performed on the orders of a competent authority to whom obedience is lawfully due.
However, when the order is unlawfully manifested, the person will be criminally responsible.
8. Lawful defence
Section 84(1) of the CPC provides that no criminal responsibility shall arise from an act
dictated by the immediate necessity of defence of the person acting or of any other person, or
of any right of himself or of any other, against unlawful infringement.
However, the means of defense should be proportionate to the seriousness of the infringement
threatened.
9. Provocation
Responsibility shall diminish for an offence immediately provoked by the unlawful act of
another against the offender, or in his presence against his spouse, brother, sister etc. The
reaction must be proportionate to the provocation.
10. State of Necessity
Section 86(1) of the CPC provides that no criminal responsibility shall arise from an
infringement of a right property, not justified as lawful defence, but inflicted in order to
protect the person acting or any other person from a grave and imminent danger not otherwise
unavoidable. The means of protection must be proportionate to the harm.
11. Sporting Activities and medical Defences
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CHAPTER FIVE
JUDICIAL ORGANISATION IN CAMEROON
Judicial organisation in Cameroon is governed by Law No. 2006/015 of 29 December 2006

on the Judicial Organisation in Cameroon. However, Law No. 2011/027 of 14 December
2011 has amended and supplements certain provisions of Law No. 2006/015 of 29 December
2006 on the Judicial Organisation in Cameroon. The courts system in Cameroon falls under
two grand categories: Courts of Ordinary jurisdiction and courts with special jurisdiction. One
of the innovations brought by the 2011 law on judicial organisation is that, Section 3
provides that judicial organisation in Cameroon shall comprise of:
- The Supreme Court

- Courts of Appeal
- The Special Criminal Court
- Lower courts of Administrative Litigation
- Lower Audit Courts
- Military Tribunals
- High courts
- Courts of First Instance
- Customary Courts
V.I- Courts of Ordinary Jurisdiction
Courts of ordinary jurisdiction are courts which have an all- embracing jurisdiction to hear
and determine actions of every kind, whether civil or criminal. In this country, these courts
are: Customary Courts (Tribunaux de Premier Degré), Magistrates Courts (Tibunaux de
Première Instance), High Courts (Tribunaux de Grande Instance), Courts of Appeal (Cours
d’Appel) and the Supreme Court (Cour Supreme). In each case, the territorial jurisdiction of
the court, save for the Supreme Court whose jurisdiction covers the entire national territory, is
local. A convenient classification of these courts would be into courts with original
jurisdiction and courts with appellate jurisdiction.
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V.I-1-Courts with Original Jurisdiction
Customary Courts, Magistrates Courts and High Courts all exercise original jurisdiction.
i) Customary Courts
The Materae Loci of the customary court is limited to matters of status of persons: customary
marriages, divorce, custody, inheritance, adoption and filiations and also lands held by
customary communities.
ii) Magistrates Courts/ Court of First Instance
The court of First Instance is found at the Sub-division of the Cameroon3. However, for
service purposes, its area of jurisdiction may cover several sub divisions, by decree of the
president of the Republic. The sits of the court is at the chief town of every sub-division4.
Organisation of the Court
Section 14(4) (a) of the New Law provides that the court of First Instance is organised into
benches and General Assembly.
a) Composition of the benches
The court consists of several benches as provided by section 14(4) (b) of the 2011 Law.
- One or more benches for civil matters

- One or more benches for commercial matters
- One or more benches for labour matters
- One or more benches for misdemeanours or simple offences
- One or more benches for minors
The court is headed by a president and the president of the Court of Appeal after due
consultation with the president of the court may appoint presidents of the different benches
each judicial year.
3
Section 13 of Law No. 2006/015 of 29 December 2006 on the Judicial Organisation in Cameroon.
4
Section 13 (2) of Law No. 2006/015 of 29 December 2006 on the Judicial Organisation in Cameroon.
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b) Composition of the General Assembly
- It consists of all the legal and judicial officers working within the CF as well as the
Registrar-in-chief
- The GA will consider and express opinion on matters provided for by the law as well
as on all issues relating to the functioning of the court submitted to it by the president,
the State Counsel or by one-third of its members.
Functions of the Court or Jurisdiction of the Court
The jurisdiction of the court is governed by section 15(1) (a-b) of the 2011 Law. The
jurisdiction of the magistrate’s court is both civil and criminal. In latter matters the court tries
all offences but felonies. This means that its criminal jurisdiction (which includes that of
juvenile delinquency) is limited to misdemeanours and simple offences.
In Civil Matters:
- The court has jurisdiction in civil, commercial and labour matters where the amount
of the action does not exceed 10.000.000 F.CFA.
- To recover, by way of the simplified recovery procedure, all claims where the amount
does not exceed 10million
In Commercial Matters:
- Dispute relating to commitments and transactions between businessmen, credit

establishments or between businessmen and credit establishment
- Dispute between shareholders of a business company or economic interest group
relating to commercial companies acts and bills of exchange between all persons
provided in the OHADA on General Commercial Law
- The court has jurisdiction in commercial matters where the amount of the action does
not exceed 10.000.000 F.CFA
In Labour Matters
- The court has jurisdiction in labour matters where the amount of the action does not
exceed 10.000.000 F.CFA .
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Criminal Matters
- To resolve misdemeanours and simple offences

- Try felonies committed by minors without adults’ co-offenders or accessories
(juvenile delinquency)
- To hear application for bail lodged by persons detained or charged with criminal
offences within its jurisdiction5 .
iii) High Courts
The high court is found at the divisional level of the Country. Section 19(9) of the 2011 Law
also provides that it is organised into Benches and the General Assembly
Jurisdiction or functions of the Court
It has jurisdiction in the following:
In criminal Matters (18(1) (a) of the 2011 Law:
- To try all felonies. As per S. 21 of the CPC, a felony is an offence punishable with
death or with loss of liberty for a maximum of more than ten years.
- To hear application for bail lodged by persons detained or charged with criminal
offences within its jurisdiction.
In Civil Matters ((18(1) (b) of the 2011 Law
- The court is also competent to try action and proceedings relating to the status of
persons, civil status, marriage, divorce and affiliation, adoption, inheritance subject
however, to the legal provision relating to the ratione personae jurisdiction of the
customary courts.
- Civil suits in with the claim are more than 10.000.000 F.CAF.
- To recover cover, by way of simplified recovery procedure, all claims whose amount
exceeds 10million FCfa.
In Commercial Matters
- Collective proceedings for the weeping off debts.
55
Section 15(1) of Law No. 2006/015 of 29 December 2006 on the Judicial Organisation in Cameroon.
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- Dispute between shareholders of a business company or economic interest group
relating to commercial companies acts and bills of exchange between all persons
provided in the OHADA on General Commercial Law.
- The court has jurisdiction in commercial matters where the amount of the action
exceeds 10.000.000 F.CFA.
- Unquestionable, liquidated and due commercial debts of whatever amount where the
obligation arises from a cheque, promissory note or a bill of exchange.
In Labour Matters
- The court has jurisdiction in Labour matters where the amount of the action exceeds
10.000.000 F.CFA
NOTE
- The High Court has jurisdiction to issue orders of mandamus, prohibition, habeas
corpus and certiorari restraining excess and abuses of jurisdiction by inferior courts
and public officials.
V.I-2- Courts with Appellate Jurisdiction
The courts of Appeal and the Supreme Court have appellate jurisdiction.
i) Courts of Appeal
The court of Appeal is found at the Head quarter of each region. There are ten (10) Appeal
Courts in Cameroon
Composition of the Court
Section 20(2) of the 2011 Law gives the composition of the court of Appeal into Benches and
the General Assembly
a) Composition of the Benches

- One or more benches for motions and urgent applications
- One or more benches for disputes relating to the enforcement of judgments
- One or more benches for criminal matters
- One or more benches for commercial matters
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- One or more benches for labour matters
- One or more benches for customary matters
- One or more benches for misdemeanours and simple offences
- One or more benches for inquiry control
Functions of the Appeal Court
The court of appeal’s jurisdiction is exclusively appellate. Section 22 of the 2011 gives the
functions of the Court of Appeal are:
- It hears appeals on points of law, facts or mixed law and fact against judgments
delivered by the lower courts
- Appeals against the ruling of the investigating / examining magistrates
- Appeals on matters such as bail and rehabilitation.
- Disputing relating to the enforcement of judgments submitted for Appeal.
The jurisdiction of the court of appeal in Anglophone Cameroon includes:
- the court’s powers to quash or set aside a conviction, finding or judgment, to substitute
an alternative verdict
- to reduce or increase a sentence, to receive fresh or additional evidence
- to order a new trial, to commit to a mental hospital
- to deal with cases stated, to correct defective charges, to enlarge time, to overrule its
own previous decisions in criminal cases, and to grant in certain cases, leave to appeal
or to appeal out of time.
ii) The Supreme Court
The Supreme Court governed by Law No. 2006/016 of 29 December 2006 on the functioning
of the Supreme Court. Law No. 2017/014 of 12 July 2017 has amended and supplements
certain provisions on the functioning of the Supreme Court as was laid down by the 2006
Law.
Technically speaking the Supreme Court of Cameroon is not a court of ultimate appeal. It is
primarily a court of cassation and only rarely does it decide a case on its merits. It hears
petitions alleging an error of law in the judgment of a court below. The Supreme Court
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reviews the judgment, not the case, since in Cameroon all cases may be examined only at two
levels (court of first instance, appeal court) and not three. It is the highest court of the State
and is found at the capital City.
Composition of the Supreme Court
a) It has a judicial bench.
This bench is made up of the following divisions according to section 8 of the 2017 Law
- Civil division
- Commercial division
- Criminal division
- Labour division
- Common law division
- Customary law division
b) Audit bench
c) Administrative bench
Functions of the Supreme Court
- To hear and determine final decisions of the lower courts

- Final decisions emanating from lower courts in all matters where the administration of
the law is at issue
- Application for release in the case of an admissible appeal
- The Supreme Court is also empowered to resolve cases of positive and negative
conflicts. A positive conflict arises where two courts of law assume jurisdiction in the
same matter, and a negative conflict arises where two courts if law decline jurisdiction
in the same case. In either situation the parties may refer the matter to the Supreme
Court for it to decide as to which court should exercise jurisdiction in the matter. The
same applies whenever non-suits reveal a conflict leading to a denial of justice.
- The Supreme Court also has jurisdiction to decide all administrative cases i.e.,
litigation involving the state, local authorities or public corporation. This is done at
first instance by the administrative bench and on appeal by the full bench of the
Supreme Court.
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V.II- Courts with Special Jurisdiction
A court with special jurisdiction is one which deals either with specific matters formally
provided for by statute or with a particular class of persons. In Cameroon there are four courts
with special jurisdiction: the military court, the state security court, the court of impeachment
and the constitutional council.
a) The Military Court
Governed by ordinance n°72/5 of 26/8/72 as amended by law n°87-9 of 15/7/87, the military
court is alone competent to try all persons of over 18 years in respect of the following
offences:
- Offences of a purely military nature provided for in the “code de justice militaire”;
- Offences of all sorts committed by soldiers, with or without civilian co-offenders or

accomplices either inside a military establishment or in the course of service;
- Offences relating to fire arms legislation;
- Offences of any nature in which a soldier is involved, committed in an area subject to a state
of emergency;
- Offences related to those heretofore listed; and
- Any offence committed with the use of a gun.
b) The State Security Court
The state security court has jurisdiction to try persons over 18 years for felonies and
misdemeanours against the security of the state and the penalty for convicts is detention. The
court sits in Yaounde.
c) The Court of Impeachment
The court of impeachment is a creation of the constitution and it has jurisdiction, in respect of
acts performed in the exercise of their offices, to try the president of the republic for high
treason and ministers and secretaries of state for conspiracy against the security of the state.
The court of impeachment is governed by Ordinance No.72/07 0f 26 August 1972. The court
sits in Yaounde.
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d) The Constitutional Council
The creation of the Constitutional Council is embedded in Article 46 of the Cameroon

Constitution. The organization and functioning of the Constitutional Council is laid down by
section 7 of Law no. 2004/004 of 21 April 2004.
The Constitutional Council shall have jurisdiction in matters pertaining to the Constitution. It
shall rule on the constitutionality of laws. It shall be the organ regulating the functioning of
the institutions.
1. The Constitutional Council shall give a final ruling on:

- the constitutionality of laws, treaties and international agreements;
- the constitutionality of the standing orders of the National Assembly and the Senate
prior to their implementation;
- Conflict of powers between State institutions; between the State and the Regions, and
between the Regions.
2. Matters may be referred to the Constitutional Council by the President of the
Republic, the President of the National Assembly, the President of the Senate, one-
third of the members of the National Assembly or one-third of the Senators.
3. The Constitutional Council shall advice in matters falling under its jurisdiction.
4. The Constitutional Council shall ensure the regularity of presidential elections,
parliamentary elections and referendum operations. It shall proclaim the results hereof.
e) The Special Criminal Court
This is a recent court set up by Law No.2011 /028 0f 14 December as amended by Law No.
2011/028 of 14 December 2011.
It has jurisdiction to hear and determine matters where the loss amounts to at least 50 million
Cfa relating to misappropriation of public funds and other related offences provided for in the
Penal Code. The court sits in Yaounde.
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CHAPTER SIX
PERSONNEL OF JUSTICE IN CAMEROON
1) Magistrates
They perform different functions. There are presiding Magistrates and judges, Examining
magistrates, State counsel and Procureur General.
a) Presiding magistrates / Judges: These magistrates act as referees between parties in

matters brought before them. They sit in court, hear matters and take decisions on them. In
the courts of first instance, these magistrates are called presiding magistrates. In the High
Courts and Higher Courts, they are called Judges.
b) Examining Magistrates: These are magistrates who carry out criminal investigations
(preliminary inquiry) in felonious offences, all offences committed by persons below 18
years and in some misdemeanours. Anyone may decide not to lodge a complaint with the
judicial police officer but instead lodge a complaint directly with the Examining
magistrate.
Examining Magistrates are found in the courts of First Instance, High Courts and Military
Courts. The preliminary inquiry is not open to the public. Only parties involved in the
inquiry are allowed to attend the inquiry. However, the examining magistrates may at their
discretion allow any other person to attend the inquiry.
c) State Counsel: These magistrates are in charge of enforcing laws, regulations and
judgments and control criminal investigations and prosecution in their geographical area
of competence. In the execution of their functions, the State Counsel amongst other things
receive complaints, issue warrants of arrest, search warrants and control Judicial Police
cells to make sure that suspects are detained in respect of the Law. They are the Bosses of
Judicial police officers in their area of competence as far as criminal investigations are
concerned. State counsel are assisted by deputy state counsel. The office of the State
Counsel is called the State Counsel’s Chambers
d) Procureur General: Each of the 10 Regions in Cameroon has a Procureur General. His
or her office is called the Procureur General’s Chambers. The Procureur General is in
charge of the enforcement of laws, regulations and judgments and oversees criminal
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investigations 7 in his region. He is the boss of all the State Counsel in his region. The
Procureur General is assisted in his job by the Advocate General and the Substitut
General. The State Counsel’s Chambers and the Procureur General’s chambers are both
referred to as the Legal Department.
2) Registrars:
They receive and direct the public to the various services of the courts and legal
department as well as other judicial services. They act as clerks of court during trials and
registrars in attendance at preliminary inquiries. They keep registers.
3) Judicial Police officers:
They consist of police, gendarmes (Note should be taken here that not all police and
gendarmerie staff are judicial police officers. Only those empowered by law to investigate
offences are judicial police officers) and staff of certain departments (e.g. the Ministry of
Environment and Nature Protection, the Ministry of Forestry and Wild Life etc) who are
empowered by the law to carry out investigations in criminal matters.
4) Bailiffs:
They are officers in charge of serving court processes like summonses. They are also in
charge of the execution of decisions of the court. They also draw up reports on events.
5) Notaries:
They are in charge of drawing up deeds e.g. for the sale of landed property. In the South
West and North West Regions, lawyers in addition to their other functions act as notaries.
6) Lawyers :
They advise, assist or represent their clients. They ensure their defense. The client can be:
• an accused in a criminal case
• the victim of an offence
• a person instituting a civil matte
• a person defending a civil matter
• or anybody in need of legal advice The lawyer exercises a liberal profession.

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The resort to a lawyer is not obligatory. It all depends on the litigant. The lawyer is paid
by his client. However in certain cases the state pays the lawyer on behalf 8 of the litigant.
Generally, in criminal or civil matters, where a person is too poor to afford a lawyer, he
can apply to the Legal Aid Commission for a lawyer to be appointed to represent his
interest. The Legal Aid Commission will only grant the application in fit cases as required
by law. However, the appointment of a lawyer for the accused person by the judge is
mandatory in criminal cases where a person is charged with an offence punishable with
life imprisonment or death and cannot pay a lawyer to defend him. Where an accused is
below 18 years and has no lawyer, the presiding magistrate or judge must assign one to
him or her. The appointed lawyer is paid by the State.
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CHAPTER SEVEN
GENERAL PRINCIPLES GOVERNING THE ADMINISTRATION/ FUNCTIONING

OF JUSTICE IN CAMEROON
The principles governing the functioning of justice in Cameroon are those principles that are
imposed on the personnel of justice. The administration of justice in Cameroon, as in all
modern States, is governed by a number of general principles. These may conveniently be
examined under the following principles:
1. The Principle Gratuitous Service or Free Access to justice
This is one fundamental principle governing the functioning of justice in Cameroon. To better
understand this principle, the significance and the exceptions to the principle will be examine.
a) Significance of the principle
This principle is concretised in S.8 of Law No. 2006/015 of 29 December 2006 on the Judicial
Organisation in Cameroon. This provision provides that: justice is free of charge except for
the fiscal provisions relating to stamp duties, registration including costs of reproduction of
the records of proceedings for appeals.
This principle signifies that everyone has the free access courts and at the same time, all
parties in litigation do not pay their judges in other to render justice. It is important to note
that these judges should be state personnel’s and as such, the costs of paying them are born by
the State. To facilitate justice to all, the State had to put in place a mechanism for legal
assistance. This was created by Law No. 2009/04 of 14 April 2009. Article 9 of this law has
created commissions for legal assistance in the Court of First Instance, High Court, Military
Tribunal, Court of Appeal and Supreme Court. The conditions for eligibility are equally set by
the law. However, the principle of free access of justice in Cameroon is not absolute as it has
certain exceptions.
b) Exceptions to the principle
Justice is not free of charge because of the following reasons as provided by section 8(2) of
Law No. 2006/015 of 29 December 2006 on the Judicial Organisation in Cameroon:
- The payment of stamp duties, registration fees and costs of court proceedings makes
justice not to be entirely free of charge.
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- The costs of hiring auxiliaries of justice like lawyers, bailiffs, notaries by the victims
also makes justice not free of charge
- In addition, the payment of courts fines by the accused makes justice not free of
charge.
2. The Principle of Equality of all before Justice
This principle has double notion: the significance and exception.
a) The significance of the principle
This principle signifies that all parties are equal in the litigation. This is supported by the
adage to all the parties, equal justice. The implication of this principle is that all parties must
be judged by the same jurisdiction without any discrimination. The principle originated from
the French Declaration of Human Rights of 1789 and has been confirmed by the Universal
Declaration of Human Right (1948) as well as the African Charter of Human and Peoples
Rights (1981). This principle is supported in Article 1 of the Cameroonian Penal Code which
states that all are equal before the law. By virtue of this principle, no one can be judged by a
specially created jurisdiction and parties to litigation must be submitted to the same rules and
regulation.
b) exceptions to the principle
There are two main exceptions to this principle
- Limitation by law
This limitation is what is known as privilege of jurisdiction. All are not equal before the law
because there are certain categories of persons who are protected by the law due to their status
or functions they occupy. This is the case with minors and major incapables. Article 80(1) of
the Penal Code protects minors. This section states that any offence committed by a minor
below 10 years, the minor is not criminally responsible. This is also the case with
parliamentarians who will only be held responsible for crimes committed only when their
immunities must have been uplifted.
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- Object of Fact
This limitation concerns economic and social inequalities. For example, the poor and the rich
might not be punish the same and do not have the same possibility of access before justice
like payment of the costs of court proceedings.
3. Justice must be rendered in an Open Court /Public Administration of Justice

a) Significance of the principle
The preamble of the Cameroon Constitution holds that the law shall ensure the right of every
one to fair hearing before the court. This principle is also embedded in S.6(1) of the 2006
Judicial Organisation which provides that justice must be rendered in public and judgment
deliver in open court .When this is not done, the whole proceedings will be null and void ‘‘ab
initio’’.
The principle that justice must be rendered in public is aimed at ensuring that a person
standing trial before the courts is given and seen to be given a fair hearing.
Its purpose is also to instill confidence in the judicial machinery by obviating any suspicion of
bias on the part of the judge. Justice must not only be done, but must be seen done.
b) Exceptions to the principle
Courts may on its own motion or upon the application of the parties order a full or partial
hearing in camera of a given matter on the grounds that any publicity of such a matter may
undermine State security, public order or morality as provided in S.6(3) of the 2006 Judicial
Organisation.
4. Principle of Reasoned judgment
All judgments must be written down before they are delivered as provided by S.6 (4) 2006
Judicial Organisation. This principle is to the effect that reasons must be given for every
judicial decision. Section 7 of the 2006 Judicial Organisation provides that all judgments must
set out the reason upon which they are based in fact and law. Any judgment delivered in
volition to this principle will be null and void. In re Daniel Ekpombang v. Benji Gbaruko
merely pronounced formal judgment without stating his reasons for the decision, the
judgment was, on appeal, properly held to be a total nullity.
The reason for this principle is to safeguard against judicial arbitrariness.

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The principle of reasoned judgments also provides a means by which the superior courts are
enabled to control decisions by inferior courts.
5. The Unity of Criminal and Civil courts
In Cameroon, Civil and criminal cases are handled by the same courts with only few
exceptions. One, customary court does not deal with criminal matters. Two, the court of
impeachment, the State security court and the military courts do not handle civil matters. The
unity of civil and criminal courts is the practice of non-specialisation.
6. Decentralization of the System of Administering Justice
It may be that the judge can dispense justice only at the fixed seat of the court. In such a case
one talks of permanent courts. Alternatively, he may move from one town to another
dispensing justice. In this case, one talks of itinerant judges. Both situations obtain in
Cameroon.
The courts structure in Cameroon is highly decentralized. This decentralization is said to

have been prompted by the Government’s desire” to bring justice nearer to the people. The
decentralization of the courts structure was also intended to bring about ‘‘cheap and quick
justice’’.
The Judicial Organisation Ordinance makes provision for the setting up of one Court of First
Instance for each sub-Division in the country, one High Court for each Division and one
Court of Appeal for each region. There are 10 regions, 58 Divisions, 198 sub-Divisions. One
would therefore expect to find 10 Courts of Appeal, 58 High Courts and 198 Courts of First
Instance (i.e. Magistrate’s Courts) in Cameroon. However, this is not the case. Although the
10 Courts of Appeal have been established, the number of High Courts in existence are not up
to thirty and the number of Courts of First Instance only 40.
General Principles Governing the Organisation of Justice in Cameroon
Principles governing the organisation of justice are principles imposed on the courts. These
principles include:
1. The principle of Independence and Impartiality

a) Significance of the principles
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This principle is considered as fundamental law of human rights where the judge must be
independent and impartial. This is supported by Article 10 of the UDHR of 1948 which
provides that: everyone has the right to be judged by an independent and impartial tribunal.
This principle is deeply rooted in the Cameroonian Constitution. The principle of

independence purports that the judiciary organ is free from interference from the legislative
and executive organ. This explains why Article 37(2) of the Cameroon Constitution further
purports that the president of the Republic shall guarantee the independence of the judicial
power6.
As concerns impartiality, He must decide issues in accordance with the law. His personal bias
and prejudices as well as his political and religious views must not be allowed to influence his
decisions for, litigants expect a fair and full trial from him. The judge must be in every sense
of the word an impartial arbiter of disputes
b) Ways to ensure independence and impartiality of the judge

- Respecting the principle of irremovability of the judge where a judge cannot be
sanction without approval from the Higher Judicial Council
- Judicial officers are required to take the judicial oath before taking up their judicial
functions Higher Judicial Council.
- Also a magistrates or judge can be replaced if one of the parties contests on the
grounds that he is showing favoritism to the other party.
- He is also paid an indemnite de fonctions which depends on the position held and
the place where the magistrate lives.
c)Factors limiting independence of judges in Cameroon
The principle of independent of the judge in Cameroon is limited by several factors:
- The judiciary Is a branch of Government service

- Supervision by the Ministry of Justice
- The influence of the Higher Judicial Council
- The influence of the head of State etc.
6
The independence of tribunal does not only signify the independence of the judge towards those who
nominated him but also his independence must be protected against experts and the judge himself.
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c) The principle of Contradiction
This principle signifies that judgment will be rendered after listing to both parties. This means
that the parties must be given the possibility to defend themselves before the court. Parties
must express themselves in the language that must be understood by the judge or else the
services of an interpreter will be required. According the law, the services of an expert
opinion may be required in certain cases.
Parties must be given time to prepare their defences and appear before the court of law. If
they live within the same jurisdiction, they will be served a notice within 8days, out of the
jurisdiction, 30 days, two months if they reside in Western Europe or France 3months if they
live in America and 4 months if they live in Asia.
d) Principle of Collegiality and Unicity Judge
The principle of collegiality is when a matter is been heard by a panel of judges. They may
comprise of three judges comprising of a president and two other members. The advantage of
this principle is that it will reduce injustice and favoritism.
The principle of unicity on the other hand is when a matter is been heard by a single judge.
However, this principle may be criticised on the ground that it promotes favouritism and thus
leading to a bad judgment.
e) Principle of Hierarchy of Courts
This may concerns hierarchy of courts and their personnel’s. As to what concerns hierarchy
of courts, the highest court in the Supreme Court. The essence why hierarchy of courts exists
is to know which court can oppose decisions passed by lower courts in the country.
Hierarchical structure of the ministère public in Cameroon is as follows:
The overall boss of the ministère public is the Minister of Justice himself. Under him are the
Procureurs Generaux and their deputies and Procureurs de la Republique and their
assistants, all of whom are in charge of conducting prosecutions at the courts. The
ministère public attached at each court is known as le parquet.
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Diploma(HND)
CHAPTER EIGHT
ADOPTION
VI.I- Meaning of Adoption
Adoption is a process that creates an artificial legal relationship where there was perhaps no
biological or natural relationship previously between the adoptee and adopter. (In Cameroon
generally there’s some blood relation between the applicant and the adoptee).
VI.II-Types of Adoption in Cameroon
Under Civil Law, there exist two forms of adoption: “l’adoption plénière” (what we will
roughly call here plenary adoption) and the “adoption simple” (simple/ordinary adoption).
VI.II.1- Plenary Adoption
With the “plenary adoption”, all former blood relationship is cut and the adoptee is now part
of his adopted family, he no longer has any succession rights within his natural family. All his
rights now stem from his adopted family, and the adoptee now has identical rights as if he/she
were a legitimate child, he/she possesses all succession rights vis-à-vis his adopter as if he
were a legitimate child.
VI.II.2- Ordinary Adoption
With the ordinary adoption on the other hand, the adoptee (the child to be adopted) continues
to maintain relations with his natural and biological family, as such he/she maintains
succession rights at least vis-à-vis his direct family (father and mother), however, the adoptee
shall remain under certain prohibitions as a result of consanguinity.
For example, the prohibition from marriage with blood relations is maintained. The adoptee
maintains succession rights both vis-à-vis his/her natural family, as well as vis-à-vis his direct
adoptive family (thus succession rights do not extend here to ascendants). Thus, with the
Ordinary Adoption there is in essence an addition of the adoptive relation (rights) over (onto
the) the blood relation (rights derived from the natural family). Consequently, the adoptee
benefits on both lines in the ordinary adoption, which is not the case with the plenary kind.
However, it is worth noting that simple adoptions are revocable whereas plenary adoptions
(“l’adoption plénière”) are irrevocable.
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Diploma(HND)
VI.III- Conditions for Legal Adoption in Cameroon
We prefer referring to legal adoption here because it is common place in the country for
persons to have kind of de facto adoptions. General conditions, per article 343 of the
Napoleonic Civil Code, it is mandatory,
VI.III.1-There must be a just motive for adoption to be granted
As such the adopter must present just motivations for his/her application for adoption. The
Judge has the obligation, and a wide prerogative and discretion to examine the case, so as to
determine the existence of a just motive. The Court might as well conduct an inquiry or
designate any person (moral or physical) to conduct an investigation on the moral conduct of
the applicant.
The court possesses sovereign prerogatives in the appreciation of what constitute a just motive
to it. The Supreme Court has upheld decisions of lower courts by finding that an application
file with the objective of giving the name of the applicant to the adoptee constituted a just
motive (Cass. Civ. 1952)
VI.III.2 -Age of applicant:
The applicant must aged above 40 years, (except it is a joint application filed by spouses, in
that case one of the spouses must at least be aged above 35 years, and the spouses must have
been married for a period above 10 years and they must have no children from the marriage.
VI.III.3- Age differences:
The applicant must be aged at least 15 years more than the applicant.
VI.III.4- Absence of Legitimate children/descendants:
The applicant must have no legitimate children or descendants. However, the applicant might
have other adopted children and this fact will not constitute any obstacle.
VI.III.5- Spouse’s consent:
No applicant might adopt without the consent of the his/her spouse, unless the spouse is
incapable of giving such consent (either by death, insanity, brain death or any such ailment, or
even where there is judicial separation)
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Diploma(HND)
VI.III.6-Adoptee’s consent:
Consent of parent(s) or surviving parent or family council (whenever both parents are
incapable of giving same). This consent is in lieu of the adoptee though the court during
hearing may still inquire on same from the adoptee personally.
VI.IV Procedural Requisites for Filing Adoption Petitions
Applications (petitions – given that adoption procedures are instituted by way of Petition) for
adoption are gratuitous proceedings, i.e. they are not adversarial. There are no plaintiff(s) or
petitioner(s) on the one hand, against defendant/respondent to the suit on the other hand.
Adoption procedures in Cameroon are handled by the High Court. Below are the procedures
for adoption to be granted in Cameroon.
A. The compiling of exhibits;
1. The compiling of the requisite consents:
It must be state unequivocally that adoption precedes from a number of consents:
- Consent of the applicant;

- Consent of adoptee’s parent(s)/parent/or the family council depending on the
circumstance;
- Consent of applicant’s spouse depending whether he/she is married;
These are effected either in the notarial form or before the consular or diplomatic official of
Cameroon (for applicants who are resident abroad).
2. Compiling of personal documents
- Birth certificate of the contemplated adoptee;

- Adoptee’s parents’ National Identification Card;
- Adoptee’s Parents’ Marriage Certificate where applicable;
- Applicant’s National Identification Card and/or Passport;
- Applicant’s Marriage Certificate where applicable;
- Applicant’s spouse’s National Identification Card or Passport;
Copies of all the above shall either certified by the competent authority or notarized by the
competent notary public;
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Diploma(HND)
3. Minutes of the deliberations of the family council where applicable.
4. Proof / Assisting the Judge in the ascertaining of adoptee's interest
- Any document which can justify applicant’s moral standards will be helpful (for
example police clearance report, her membership to any religious association or any
other association etc.);
- Documents to establish applicant’s financial situation and solvency (for example pay
slips, bank statement, tax declarations);
- The presence of the applicant is also required at the hearing.
The applicable civil law system in Cameroon knows not adoption by proxy. As such, if
applicant can’t be present at all sessions of the he must at least be present during a single or
two session, during which he shall pray to the court leave of absence, and in so doing he/she
shall furnish justifications.
The matter is generally heard in chambers though the verdict is pronounced in open court
whenever the adoption is granted, and where the verdict is unfavorable the decision is given
in chambers. Recently adoption proceedings have however been heard in open court.
VI.V-Legal Effects of Adoption
- It gives the adoptee the right to inherit from the adopter

- It gives the adoptee the right to bear name of the adopter.
- The adoptee is prohibited from getting married to the adopter children if they have ay
in the future
- The adopter is prohibited to get married to the adopter.
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Diploma(HND)
SIX NINE
LEGAL PERSONALITY
VII.1. Definition of Legal Personality
Legal personality can be defined as the aptitude of a person to acquire rights, exercise them
and submit himself to the obligations of law. It is law that fixes the conditions for the
acquisition of legal personality. It lays down the terms of the existence of an individual. What
therefore are the conditions for the acquisition of legal personality?
VII.2. Conditions for the Acquisition of Legal Personality

In Cameroon, legal personality may be acquired by virtue of article 724(1) of the civil code in
conjunction with article 906 (1) dealing with succession, wills and donations on the one hand,
and international conventions on Human Rights on the other hand. These provisions state in
principle that a human being is a subject of Law, and as such; acquires legal personality at
birth on condition that the child is born alive and viable.
- A Child Born Alive and viable
A child must not only be born, but must be born alive
It therefore goes that, it does not suffice for a child to be born, it is imperative that the child be
born alive: this is the more reason why a stillborn (born dead) is not said to have properly
lived. At law, the principle is that, for a child to be considered a subject of law, a holder of
rights and obligations; he (the child) must be born alive and viable.
The Birth of a child is an important event that marks the beginning of the existence of a
human being and the starting point of legal personality. Consequently, the child is to be
accorded much medical and legal protection. This is the reason why states particularly protect
maternity and the welfare of the child during childhood.
The child must be born viable
Saying that a child must be born viable means that he must be born with all the necessary
organs to keep him alive. Viability is the opposite of malformation which renders the death of
the child unavoidable.
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Diploma(HND)
This rule is aimed at safeguarding the welfare of a child while still in the womb. Legal
personality is an absolute human right which ensures the right to life, health and dignity.
Exception to the rule

A Conceived Child (Conception)
Exceptionally, a child may acquire legal personality at conception. In other words, a child
acquires legal personality at conception that comes before birth. A conceived child is
considered to be already born. This is so that the child may qualify to be considered heir to his
deceased father even before his birth or the eventuality where his mother dies while putting to
birth, this presumption is to safeguard the welfare of the yet born baby. Such presumption is
aimed to safeguard his interest each time that his interest needs to be protected for example, in
cases of succession.
49

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INTRODUCTION TO LAW NOTES Dr. ENOW BAIYE

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A Comprehensive Guide to Introduction to Law for the Cameroonian Higher National

INTRODUCTION TO LAW LECTURE NOTES FOR HND

Chapter One: Nature and Scope of Law

Chapter Two: Sources of Law in Cameroon

Chapter Three: Application of Law

Chapter Four: Offences/Crimes and Punishments in Cameroon

Chapter Five: Judicial Organisation in Cameroon

Chapter Six: Personnel of Justice in Cameroon

Chapter Seven: Principles governing the Administration of Justice in Cameroon

Chapter Eight: Adoption

Chapter Nine: Legal Personality

NATURE AND SCOPE OF LAW

I.I-Aims /Functions of Law

There are several finalities of law. These finalities include:

 To prevent the further commission of crimes

a) The General Character of Law

b) Obligatory character of Law

c) Permanent Character of law

I.III- Branches of Law

Assignment: Different between legal and non-legal rules

Differences between Private Public and Private Law

Public Law Private Law

I.IV-Cameroon Bijurial System of Law

Differences between Civil Law and Common Law

3. Adversarial v. Inquisitorial System

Common Law functions as an Adversarial System and inquisitional system is followed in

5. The role of jury trial

This is when the opposite lawyer examines the witness

This is when the witness lawyer takes on him again.

SOURCES OF LAW IN CAMEROON

II.I- Principal Sources of Law in Cameroon

The principal sources of law in Cameroon international and National Sources

1. Purely International Sources

This is a body of rules enacted by the parliament.

A bill is a proposal which have not been adopted as a law

The Cameroonian Constitution distinguishes between parliamentary power to legislate (le

The parliament power to legislate is governed by Article 26 of the Cameroon Constitution.

- The fundamental rights, guarantee and obligations of the citizen

Article 27 provides that:

- Old and existence practice

II.II- Secondary/Complementary Sources of Law in Cameroon

2. Jurisprudence /Judicial Precedent

It refers to an assembly of decisions rendered by the jurisdictions of a State.

Generally, the attitude towards judicial precedent in Francophone Cameroon is different.

It refers to legal writings or opinions of authors. Doctrine helps in organisation and

II.III-Stages/ Procedures for the Adoption of Law in Cameroon

The procedures for adopting a law in Cameroon include:

a) Voting of the law

- This is the first stage of elaboration of the law

b) Promulgation of the Law

d)Entry into force or vigour

II.IV- Functions of The Parliament, Senates and President

A- Functions of the MPS

B. Functions of the Senators

The main functions of the senators in Cameroon include:

- Scrutineses bills proposed by the government or members of the parliament;

C.Functions of the President of the Republic

- He is the Head of state

The application of criminal law can be done in time and space

III.I- Application of Law in Time