Law and citizenship

2022/2023

International Institute of
Engineering,
Science, Arts
and
Technology
(INIESAT)

COURS TITLE:

INTRODUCTION TO LAW / CIVIC EDUCATION

COURSE INSTRUCTOR

Dr. TESHOKONG Mirabel NKENGFUA

Academic Year 2021/2022

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COURSE OBJECTIVES

Introduction to Law and fundamental rights aims at providing insight into the nature and function of
law, familiarize the students with legal concepts and terminology, principal sources of law and of the
means by which laws are made, develop an understanding of the nature and purpose of rights and
duties in law. The course provides an overview of the major legal systems (of Cameroon), introduces
the students to the study of constitution system. Thus upon completion of studies the students should
understand the following main points:
1. The nature of law;
2. The ways in which the law may be classified, including the differences between public and
private law, civil and criminal law and common law and equity;
3. The development of English law including the emergence of the common law and equity;
4. The basic principles of legal liability, such as the distinction between civil and criminal
liability.

PART ONE:
CHAPTER ONE

I. DEFINITION OF THE TERM LAW

To Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his
neighbors, and to the public."
The law is a set of rules which govern the way people behave. The law tells you: What you
must do, what you are allowed to do, what you must not do. In this way, the law tells you what your
rights are (what you may do) and what your duties are (what you must do). In Cameroon, we have a
democratic system of government. This means that we all can contribute to making the law for our
country. We can take part in making the law: By voting in elections, By voicing our opinion, by
writing to the law-makers, or speaking out at a public hearing. People choose to follow the law for a
number of reasons: -
-The law brings order to society. The set of rules help people to know what behavior is allowed, and
what is not allowed
-The law says that people who do not follow the rules can be punished. The fear of punishment is
one reason why people obey the law
- In a democracy, people help to make the law. The laws show what the people of the country believe
in, so they are more likely to want to follow that law
The law affects every aspect of our lives; it governs our conduct from the cradle to the grave and its
impudence even extends from before our birth to after our death. We live in a society which has

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developed a complex body of rules to control the activities of its members. There are laws which
govern working conditions (e.g. by laying down minimum standards of health and safety), laws
which regulate leisure pursuits (e.g. by banning alcohol on coaches and trains travelling to football
matches), and laws which control personal relationships (e.g. by prohibiting marriage between close
relatives). So, what is ‘law’ and how is it different from other kinds of rules? The law is a set of
rules, enforceable by the courts, which regulate the government of the state and govern the
relationship between the state and its citizens and between one citizen and another. As individuals we
encounter many ‘rules’. The rules of a particular sport, such as the off-side rule in football, or the
rules of a club, are designed to bring order to a particular activity. Other kinds of rule may really be
social conventions, such as not speaking ill of the dead. In this case, the ‘rule’ is merely a reflection
of what a community regards to be appropriate behavior. In neither situation would we expect the
rule to have the force of law and to be enforced by the courts. World. Haven considered the
definition of the term law, its is important to make a distinction of the different types of law, thus the
classification of the law.

II. SOURCES OF LAW

Sources of law in its narrow sense mean the origins of law, i.e. the binding rules governing
human conduct. More generally, it means any premise of a legal reasoning. Such sources may be
international, national, regional or religious. The sources of the law give us the origin of the law how
they are enacted. The term "sources of law" also refers to the sovereign or the state from which the
law derives its force or validity. They could be derived from Jurisprudence, International sources,
National sources, Customs etc
To better understand the different sources of law, it is important to note the main source of
law and also consider the sources of Cameroonian law.

1. Jurisprudence
There are many factors of law that have contributed to the development of law and which are
regarded as the sources of law. Legal customs, Divine right, Natural and legal rights, human rights,
civil rights, and common law are often implied and unwritten sources of law that have been
established over decades or centuries. Canon law and other forms of religious law form the basis for
law derived from religious practices and doctrines or from sacred texts; this source of law is
important where there is a state religion. Historical or judicial precedent and case law can modify or
even create a source of law. The ultimate in written laws are the charter, the constitution, and the
treaty, much of which form the foundation of modern legal systems. Legislation, rules, and
regulations are often the source of laws which are codified and enforced by the legal system.
Jurisprudence is the study and theory of law. Scholars of jurisprudence, also known as jurists or legal
theorists hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal
systems, and of legal institutions.

2. International sources
Sources of international law consist of international treaties and convention. Governments may sign
International Conventions and Treaties; but these normally become binding only when they are

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ratified. Most conventions come into force only when a stated number of signatories have ratified the
final text. An international convention may be incorporated into a statute

3. National sources
a. Legislation

Legislation is the prime source of law, and consists in the declaration of legal rules by a
competent authority. The legislature may delegate law-making powers to lower bodies. Most
legislatures have their powers restricted by the nation's Constitution. Montesquieu's theory of the
separation of powers typically restricts a legislature's powers to legislation. Although the legislature
has the power to legislate, it is the courts that have the power to interpret statutes, treaties and
regulations. Similarly, although parliaments have the power to legislate, it is usually the executive
who decides on the legislative power. The procedure is usually that a bill is introduced to Parliament
and after the required number of readings, committee stages and amendments, the bill gains approval
and becomes a decree.

b. The Constitution
Although not explicitly so-stated, the Cameroonian Constitution is treated as the supreme law of the
land. Article 2(1) vests national sovereignty in the people who exercise this either through the
President (art 5) of the Republic and members of Parliament or by way of referendum. The
Cameroonian Constitution distinguishes between parliamentary power to legislate (le pouvoir
legislatif) in Article 26 and the governmental power to issue rules and regulations (le pouvoir
réglementaire) in implementation of parliamentary legislation in Article 27.

c. Judiciary

The judiciary applies the laws which have been passed by the legislature. Typically, this takes the
form of court cases, in which one person (the prosecutor) argues that the defendant is guilty, another
person (the defence lawyer, or the defendant himself if he wishes) argues that the defendant is
innocent and a third person (the judge or magistrate) or group of people (a jury) decides who is right,
by deciding that the defendant is either guilty or not guilty. Unlike legislation, the role of judicial
precedent as a source of law in Cameroon depends on whether one is in the English speaking
Anglophone or French speaking Francophone provinces of the country.

d. Law Reporting as a source of law in Cameroon

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.

The Bulletin des Arrêts de la Cour Suprème, begun in 1960, appeared only sporadically.
François-Xavier Mbouyom’s collection of administrative cases from 1962 to 1975 was essentially a
private venture that was not very authoritative. The series, “West Cameroon Law Reports,” “The

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University of Yaoundé Law Reports,” The most recent attempt, the “Cameroon Common Law
Report,” that started in 1997 appears only sporadically. A number of decided cases were reported in
two journals that appeared in the 1990s, viz the Lex Lata, and the Revue de Legislation et de
Jurisprudence Camerounaise.

e. Case Law
Judicial precedent (judge-made law) is based on the doctrine of stare decisis. Precedent is the
accumulated principles of law derived from centuries of decisions. Judgments passed by judges in
important cases are recorded and become significant source of law. When there is no legislature on a
particular point which arises in changing conditions, the judges depend on their own sense of right
and wrong and decide the disputes from first principles. Another definition declares precedent to
be," a decision in a court of justice cited in support of a proposition for which it is desired to
contend". Compared to other sources of law, precedent has the advantage of flexibility and
adaptability, and may enable a judge to apply "justice" rather than "the law".

4. Derived sources

i. Equity (England only and its colonies)

Equity is a source of law peculiar to England and Wales. Equity is the case law developed by the
(now defunct) Court of Chancery. Equity prevails over common law, but its application is
discretionary. Equity's main achievements are: trusts, charities, probate, & equitable remedies. There
are a number of equitable maxims, such as: “He who comes to equity must come with clean hands”.

ii. Customs (England and its colonies) or customary law

A "General Custom" as a source of law is not normally written, but if a practice can be shown to
have existed for a very long time, such as "since time immemorial' (1189 AD), it becomes a source
of law. A "Particular Custom" (or "private custom") may arise and become a right with the force of
law when a person, or a group of persons has from long usage obtained a recognized usage, such as
an easement.
As pointed out earlier, in pre-colonial Cameroon, there existed a wide variety of what is today
known simply as traditional or customary law. In this regard, the Moslem law that was in place in
large areas of the northern part of the country was also treated as part of 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. For example, in Anglophone Cameroon, section
27(1) of the Southern Cameroons High Court Law, 1955, provided 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. Generally, today
in Cameroon, customary law has very limited application. It only applies to certain persons and
governs only a few matters. It applies only to persons traditionally subject to it, effectively meaning
the rural population and even then, only if they desire that this law should regulate their relationship.

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The only exception to this is in the northern part of the country, where sharia law and sharia courts
still play a large part in regulating the lives of rural people.

iii. Common law

English common law is the customary law of England, yet it has become influential in the laws
of many other countries. The United States and most countries in the Commonwealth have legal
systems based on English common law. If there is nothing in the Constitution to cover a situation,
and if no specific law has been passed by parliament to cover a situation, a court in a Commonwealth
country may decide the case depending upon English common law. Indeed, some Commonwealth
countries have the British House of Lords as their final court of appeal. In Cameroon we have the
supreme court.

III. CLASSIFICATION OF THE LAW

There are various ways in which the law may be classified; the most important are as follows:
1. PUBLIC AND PRIVATE LAW. The distinction between public and private law is seen as such:

(a) Public law. Public law is concerned with the relationship between the state and its citizens. This
comprises several specialist areas such as:

(i) Constitutional law. Constitutional law is concerned with the workings of the state constitution. It
covers such matters as the definition of the different arms of government: the head of state, the
composition and procedures of Parliament, the functioning of central and local government,
citizenship and the civil liberties of individual citizens.

(ii) Administrative law. There has been a dramatic increase in the activities of government during
the last hundred years. Schemes have been introduced to help ensure a minimum standard of living
for everybody. Government agencies are involved, for example, in the provision of a state retirement
pension, income support and child benefit. A large number of disputes arise from the administration
of these schemes and a body of law, administrative law, has developed to deal with the complaints of
individuals against the decisions of the administering agency. See arrêt Blanco

(iii) Criminal law. Certain kinds of wrongdoing pose such a serious threat to the good order of
society that they are considered crimes against the whole community. The criminal law makes such
anti-social behavior an offence against the state and offenders are liable to punishment. The state
accepts responsibility for the detection, prosecution and punishment of offenders.

(b) Private law. Private law is primarily concerned with the rights and duties of individuals towards
each other. The state’s involvement in this area of law is confined to providing a civilised method of
resolving the dispute that has arisen. Thus, the legal process is begun by the aggrieved citizen and
not by the state. Private law is also called civil law and is often contrasted with criminal law.

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2. CRIMINAL AND CIVIL LAW. Legal rules are generally divided into two categories: criminal
and civil law. It is important to understand the nature of the division because there are fundamental
differences in the purpose, procedures and terminology of each branch of law.

(a) Criminal law. The criminal law is concerned with forbidding certain forms of wrongful conduct
and punishing those who engage in the prohibited acts. Criminal proceedings are normally brought in
the name of the state and are called prosecutions. It should be noted that prosecutions may also be
undertaken by bodies, such as the state council in the case of Cameroon and by private individuals,
e.g. a detective. In criminal cases you have a prosecutor who prosecutes a defendant in the criminal
courts. The consequences of being found guilty are so serious that the standard of proof is higher
than in civil cases: the allegations of criminal conduct must be proved beyond a reasonable doubt. If
the prosecution is successful, the defendant is found guilty (convicted) and may be punished by the
courts. The Cameroon Criminal penal code sets out the different classifications of offences their
punishment and sentences, which are punishment, crime reduction, the reform and rehabilitation of
offenders, and reparation. Punishments available to the court include imprisonment, fines, etc. If the
prosecution is unsuccessful, the defendant is found not guilty (acquitted). A business person may find
themselves in breach of the criminal law under such enactments as the see the OHADA criminally
Responsibility of managers of companies. See the UA on commercial companies.

(b) Civil law. The civil law deals with the private rights and obligations which arise between
individuals. The purpose of the action is to remedy the wrong that has been suffered. Enforcement of
the civil law is the responsibility of the individual who has been wronged; the state’s role is to
provide the procedure and the courts necessary to resolve the dispute. In civil proceedings a claimant
sues a defendant in the civil courts. The claimant will be successful if he can prove his case on the
balance of probabilities, i.e. the evidence weighs more in favour of the claimant than the defendant.
If the claimant wins his action, the defendant is said to be liable and the court will order an
appropriate remedy, such as damages (financial compensation) or an injunction (an order to do or not
do something). If the claimant is not successful, the defendant is found not liable. Many of the laws
affecting the business person are part of the civil law, especially contract, tort and property law. The
distinction between the criminal and civil law does not depend on the nature of the wrongful act,
because the same act may give rise to both civil and criminal proceedings.

3. COMMON LAW AND EQUITY. Legal rules may also be classified according to whether they
form part of the common law or equity. The distinction between these two systems of law is rooted
in history and can only be understood properly by examining the origins of English law.

a. Common law ; the origin of the common law stems from the role of the Crown and the Normand
conquest. it developed by circuit judges from English customary law applying the principles of stare
decicis. (Stare decisis is Latin for “to stand by things decided.” it is the doctrine of precedent.) It did
not recognized the existence of equity, it upholds rights irrespective of the motives or intention of the
parties and the remedies are available as of right.

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b. Equity on its part developed by chancellors, in dealing with petitions addresses to the king from
citizens complaining about the rigidity of the common law. Thus it came to complement the common
law. It acknowledges the common law and tries to provide alternative solution. It became a court of
conscience which ordered the parties to do what was just and fair. These principles contained in
equitable maxims e.g he who seeks equity must do equity, delay defeats equity

CHAPTER TWO:
THE ORGANISATION OF COURST IN CAMEROON

At the apex of the Cameroonian judicial pyramid is the Supreme Court, which is the only
court specifically, mentioned in detail in the Cameroonian Constitution. The organization,
functioning, composition and duties of all the other courts mentioned in Part V of the constitution are
left to be determined by subsequent legislation. The structure and organization of courts today is
based on a number of recent texts: Law No. 2006/017 of 29 December 2006, to lay down the
organization, duties and functioning of regional audit courts; Law no. 2006/016 of 29 December
2006 to lay down the organization and functioning of the Supreme Court, Law no. 2003/005 of 21
April 2003 to lay down the jurisdiction, organization and function of the audit bench of the Supreme
Court; Law no 2004/004 of 21 April 2004, to lay down the organization and functioning of the
Constitutional Council; Law no 2004/2005 of 21 April 2004 to lay down the rules and regulations
concerning membership of the Constitutional Council; Law no 2006/015 of 29 December 2006 on
judicial organization; and Law no 211/027 of 14 December (to amend and supplement Law no
2006/015 of 26 December 2006). On the basis of these Ordinances, laws and the constitution, the
courts in the country fall into three main categories viz., courts with original jurisdiction otherwise
known as courts of first instance or trial courts, appellate courts and courts with special jurisdiction.

a. The courts with original jurisdiction are:

i). Customary Courts (which consist of the Customary Courts and Alkali Courts in the Anglophone
Region and the Tribunal de Premier Degré and Tribunal Coutumier in the Francophone Regions).
Customary courts have competence in civil matters, customary marriages, divorce and inheritance.
Customary law courts apply the custom of the parties. Note should be taken that customary law
courts have no competence in criminal matters. Note should also be taken that where the law has
reserved a particular area exclusively to other courts, the customary law courts do not have
competence.

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ii)- Court of First Instance (which have jurisdiction over divisions but most of them cumulate as
High Courts) Courts of First Instance have competence:

a)-In Criminal Matters: All offences classified as misdemeanors and simple offences. It is competent
to grant bail.
Simple Offence: It is an offence punishable with a term of imprisonment of up to 10 days or a fine of
not more than 25.000 FCFA
Misdemeanor: it is an offence punishable with loss of liberty from 10 days to 10 years or with a fine
of more than 25.000 FCFA.
b)-In Civil, Commercial and Labor Matters: It is competent to entertain actions for the recovery of
civil and commercial debts not exceeding 10,000,000 FCFA through the simplified recovery
Procedure.
3). High Court. It has regional competence with each region having one. The High Courts have
competence:
a)-In Criminal matters: To try felonies, related offences and to grant bail in felonious offences.
Felony: It is a serious offence usually punishable with death or a term of imprisonment whose
maximum is more than 10 years.
b)-In Civil, Commercial and Labor matters: To hear cases related to the status of persons, marriage,
divorce, filiations, adoption, inheritance; Recovery of debts exceeding 10.000.000
FCFA.
-In non-administrative matters to hear applications to release a person immediately when the person
is detained illegally; For an order prohibiting any person or authority from doing or performing any
act which he is not entitled to do by law.
4). Military Courts.They have competence amongst others to carry out trials for theft committed by
the use of fire arms; offences committed by military men in a military establishment or in the
exercise of their duties; offences committed by civilians in a military establishment which causes
damage to military equipment or to the physical integrity of a military man; offences relating to the
purchase, sale, production or keeping of military apparels. Note: the military Tribunal does not have
competence to judge any person who is below 18.
5). Lower Audit Court (which are yet to be set up but should have regional competence). Regional
Audit Courts: Competent to control public accounts (not yet functional)
6). Special Criminal Court (which is supposed to have regional competence but only one has been
set up in Yaoundé with national competence). The SCC is created to fight against corruption and
misappropriation of public property. Embezzlement of public fund in Cameroon has been so
rampant.

7). Administrative Court (which has regional competence). Lower courts of administrative
litigation: Competent to hear administrative matters at first instance. (These courts are not yet
functional, thus for the time being the administrative bench of the Supreme Court continues to hear
administrative matters at first instance).

b) The appellate courts consist of the following:

i. Court of Appeal. There is one for every region, hence ten in the whole country. They entertain
appeals from the Customary Courts, the Courts of First Instance, the High Courts and the Military
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Courts.) Courts of Appeal: Hear appeals against judgments and decisions of customary law courts,
the courts of First Instance, the High Courts and the Military Courts. The time limit for appeals in
Criminal matters is 10 days.

ii. Supreme Court. It entertains appeals from the 10 Courts of Appeal. The Supreme Court is made
up of the Judicial Bench, the Administrative Bench and the Audit Bench.
-The Judicial Bench: Appeals from the 10 courts of Appeal go to the Judicial Bench. These appeals
are on civil, criminal, labor and customary law cases. Appeals in commercial matters from the courts
of Appeal are heard by the Joint Court of Justice and Arbitration in Abidjan and not by the Supreme
Court.
-The Administrative Bench: It hears appeals against decisions in disputes relating to regional and
council elections. It is also competent to hear appeals from the lower courts of administrative
litigation.
-The Audit Bench: It controls and rules on the accounts of State, public and semi-public enterprises.
It also gives final judgment on the decisions of Regional Audit Courts.
Since the entry into force of the OHADA treaty, the Supreme Court now shares jurisdiction in
commercial matters with the Common Court of Justice and Arbitration (CCJA) in Abidjan. In fact,
since article 15 of this treaty allows final appeals to be submitted directly by a party to the
proceedings to the CCJA or on referral by the Supreme Court, the former is now the final court of
appeal in such matters

c) Special jurisdiction courts

Finally, the courts with special jurisdiction deal either with specific matters specially provided for by
law or a particular class of persons. The main ones are, the Court of Impeachment, Military
Tribunals, the State Security Court, and in some respects, the Constitutional Council.

i.The Court of Impeachment is referred to in Part VIII of the constitution. In spite of the fact that it
appears in a separate part and not as one of the courts under the so-called judicial power, it is very
much a court of law. According to article 53(1) of the Constitution, the Court of Impeachment has
jurisdiction to try the President of the Republic for high treason and the Prime Minister, members of
Government and persons of that rank to whom powers have been delegated under articles 10 and 12
of the Constitution, for conspiracy against the security of the state, with respect to any acts
committed by them in the discharge of their functions.

ii.The Military Tribunal is regulated by the Judicial Organization Ordinance 1972 as amended by
Law No. 90-48 of 19 December 1990. Although there is only one Military Tribunal for the entire
country with its seat in Yaoundé, the President of the Republic or by special delegation, the Minister
Delegate at the Presidency in charge of Defense may authorize that hearings be conducted in any
locality.

iii. The State Security Court was set up by Law No.90-60 of 19 December 1990 with its seat in
Yaoundé but with jurisdiction over the entire national territory. However, the court may by decision
of the President of the Republic or by delegation, the Minister of Justice, conduct its hearings in any

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other locality. It has exclusive jurisdiction to try felonies and misdemeanors against the internal and
external security of the state and related offences.

There are various actors involved in the judicial system such as: magistrates; lawyers; bailiffs;
notaries; registrars; judicial police officers. The law on Judicial Organization states that Justice shall
be administered in the name of the people of Cameroon.

CHAPTER THREE
SAFEGUARDS FOR FAIR TRIAL AND JUSTICE
The Cameroon constitution proclaims its attachment to the U.N. Charter and
Cameroon is a signatory to the United Nations Declaration of Human Rights. It follows that this
cardinal principle and many others found in those United Nations documents and designed to ensure
fair trial and the rule of law have been incorporated into the Constitution of Cameroon. In fact, the
preamble of the Cameroon constitution provides that “the law ensures the right of every one to a fair
hearing before the court”.
The controlling principle at the bottom of all criminal trials is the presumption of innocence found
in the United Nations Declaration of Human Rights 1948. According to this principle, everyone
accused of an offence is presumed to be innocent until his guilt is established by a court of competent
jurisdiction, after due process of law and after the accused must have been given a possibility to
defend himself. (See S. 8 of the Cameroon C.P.C.)
Other constitutional safeguards designed to ensure fair trial and justice include:

- the right to fair hearing;

- freedom not to be arrested without warrants;
- right not to be detained without due process of law;
- the right of the accused to conduct his own defense personally or through Counsel.

Besides the Constitutional safeguards, there are statutory provisions also aimed at ensuring
fair trial and justice.
1. Separation of powers
The first principle is that of separation of powers. This idea is both Constitutional and
Statutory. According to this principle which was postulated by Montesquieu, he indicated that
governmental powers must be separated and exercised by three persons: the legislator, the judiciary
and the executive. The objective here is to avoid dictatorship. Each of these three arms may not
interfere in the domain reserved for the others. Accordingly, the administration of justice must not be
interfered with by either the legislator or the executive. This brings to mind the independence of the

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judiciary. Is the judiciary in Cameroon a power or mere authority? In the face of the functions of the
Higher Judicial council, the student should be interested in the debate on the above question.
2. Right to appeal
The second statutory safeguard for fair trial and justice is the right of appeal. A litigant who
is dissatisfied with the decision(s) of the court below has the right to go on appeal to have his case re-
examined by a panel of judges. It is for this reason that the courts have been structured in a
hierarchical manner to distinguish for example the Courts of original Jurisdiction from the courts
with Appellate Jurisdiction. Whereas, most trial courts are single judge courts, most appellate courts
are collegiate.
The time limit for filing various appeals have been well specified under the new CPC .The
time limit for filing an appeal to the Appeal Court now is 10 days and 5 days for a cross- appeal .
(See S. 440 of the Cameroon CPC). At the level of the Supreme Court the time limit for filing an
appeal against a judgment on merit is 10 days, 7 days for interlocutory rulings and 30 days for
judgment in default. (See, S. 478 of the Cameroon CPC). For appeals against the rulings of the
Inquiry Control Chamber the time shall be 5 days (See, S.479) and 48hours for appeal against the
decisions of examining magistrate(See, S 271).
3. Reason judgment
The 3rd safeguard is reasoned judgment. The courts are duty bound to give reasoned
judgment, that is, the reasons for their decisions. This is important because it avoids arbitrariness in
the judge’s decisions. It also enables the appellate court to control the proceedings and decisions of
the lower courts. Any judgment which is not backed up by reason is null and void. See, S. 7 of Law
No2006/015 on Judicial Organization. See also S.389 (3) of the Cameroon CPC. S. 388(3) is to the
effect that reason judgment must be reduced into writing.
4. Judgement made free of charge
The fourth statutory safeguard for fair trial and justice is that judgment must be rendered
free of charge. It is statutorily provided 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. See S. 8(1) of 2006 Law on Judicial Organization.
However, if the case requires the service of an advocate, the litigant must be prepared to pay the
advocates fee. Providing justice free of charge does not however mean that litigants are exempted
from paying court fees, stamp duties and registrations.
5. Decentralisation of justice
The fifth factor is that the administration of justice is decentralized with courts
located at the level of Sub-divisions, Divisions, Regions and the nation as a whole. This
decentralization has been prompted by the country’s desire to bring justice nearer to the people.
6. Unity of criminal and civil court
The sixth factor is the unity of criminal and civil courts in Cameroon . See for example SS.
59,61,63,64(3),71,75, and 76 of the Cameroon CPC. The same court handles civil and criminal

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matters because there is still a serious shortage of judicial personnel. It should be pointed out that
Cameroonian judges do not specialize in any particular branch or area of law. There are no separate
judges for criminal matters. That notwithstanding, the current members of the audit branch of the
Supreme Court have been trained on how to probe into state accounts.
7. Justices must be administered in public
The seventh is that justice must be administered in public. See Sec 6(1) of the 2006 Law on
Judicial organization. In essence, it provides that all judgment shall be pronounced in open court and
that any breach of this principle renders the whole proceeding null and void ab initio. This principle
aims at ensuring that a person standing trial before the court is given and seen to be given a fair trial
and hearing. The principle is therefore another aspect of the broader principle of judicial neutrality,
impartiality and independence. Justice must not only be done, it must also be seen to be done.
Exceptionally however, some matters may be held in camera (behind closed doors) on
grounds that a public hearing will be dangerous to the security of the state, public order or morality.
The principle of public justice entails that everyone, if he or she is so minded, to walk into the court
house quietly and follow its proceedings. But any person who disturbs the peace of the court may be
charged with contempt of court (Contempt sedenti curia) meaning “Contempt of Court in the face of
a proceeding”.
8. Enforceability of judgment through out Cameroon
Another factor for safeguard for fair trial and justice is that judicial decisions and court
orders are enforceable throughout Cameroon. See, Sec 10 of the 2006 Law on Judicial
Organization in Cameroon. The responsibility for enforcing court judgment and court orders lies on
Bailiffs and Process Servers and not principally on the Procureur General and State Counsels or the
Gendarmerie and Military or Commissioner of Police who are merely required to lend the Bailiffs
and Process Servers a helping hand. However, S. 29(1) of the 2006 Law on Judicial Organization
empowers the legal Department to ensure the enforcement of Judgments, Regulations and Laws.

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CIVICS AND MORAL EDUCATION.

CHAPTER ONE: CIVICS AND CITIZENSHIP

1.1. UNDERSTANDING CIVICS AND CITIZENSHIP.

A. Civics

Civics comes from a latin word civis which means citizen. This is the study of the rights and duties
of the citizen of a given country. Civics is the exploration of one’s rights and responsibilities as a
member of the society. The objective of this study is to:

- Civics informs people about the societies they live in and how they can interact with one
another and the government
- Enable citizens (young professionals) to be good, honest, loyal, patriotic and committed to
government principles.
- It is also aimed at developing love in one another and for the nation.
- It helps develop a spirit of nationhood and of being one another’s keeper in the context of a
community, nation or country.
- It also helps develop the nation of a shared destiny amongst citizens i.e that every individual
was born with an assignment, purpose or dream and that these should be discovered,
identified and pursued individually but within the context of the latter’s dream for the nation.
- This study can also guide the citizen against petit living as it would encourage them to live
for a higher calling that is bigger than them.

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Such a study is quite relevant to a country like Cameroon with about 280 ethnic groups and about
300 different languages although the diversity of ethnic groups and languages can be an asset, most
Cameroonians think first of ethnic group before the nation. Sometimes, they see nothing good in
other groups that should bring them together. This kind of device attitude develops a spirit of ‘unlike
me’, ‘they are against us’ which hinders national unity and provides an atmosphere of intolerance
and a breathing ground for strikes and conflicts. Although we belong to different ethnic groups,
religion, political parties and speak different languages, we must first of all see ourselves as
belonging to one nation which has one destiny.

Civic education will help individuals to understand one another and to understand other countries
from ours. We will know that although we share national boundaries with other countries, we are
interdependent and that we all share something in common. This can enable citizens to get in to
participate and contribute in the activities of the international community not just as passive
observers, but as actors.

B. Citizenship

A citizen is a person who legally belongs to a country and has the rights and protection of that
country. He is one who lives in a particular place and entitled to the rights and privileges of a
freeman. He is a native or naturalized person who owes allegiance to a government and is entitled to
protection from it.

I. How Citizenship is obtained

The primary methods for obtaining Cameroonian nationality are: birth, marriage, and naturalization.
It can also be done through territorial acquisition. Of these, the fore most is birth, which follows
primarilya jus sanguis, descent based definition of nationality. For determining nationality through
birth, Cameroonian law places a clear distinction between children born “in marriage” (legitimate
child) and those born“out of marriage” (illegitimate child). In all cases, majority for purposes of
nationality is not attained until the individual has reached 21years. (jus sanguis), while nationality
conferred by location of birth (jussoli) is restricted to cases in which the nationality of one or both
parents is unknown or Cameroonian.

a. Nationality by Birth

The most straight forward method of becoming a Cameroon national is to be born to two parents,
both of whom are Cameroon nationals. Similarly, a child born legitimately to at least one parent of

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Cameroon nationality is also eligible to claim Cameroon nationality. For a child born illegitimately,
Cameroon nationality is provided if the parent to whom connection is first established is a Cameroon
national, or, in the case where the first-established parent has no or unknown nationality if the
second-established parent has Cameroon nationality.

b. Nationality by Marriage

At the time of marriage, a foreign woman may request and acquire Cameroon nationality if marrying
a Cameroonian man. However, this acquisition is subject to government approval as the government
may by decree prevent the acquisition of Cameroon nationality.

c. Nationality by Naturalization

Cameroon nationality may be acquired by foreign citizens who have met minimum residency
requirements within Cameroon (5consecutive years), are judged to meet character and health
standards and whose “main interests” are based in Cameroon. This acquisition is provided by
government decree and as such is ultimately subject to government approval.

d. Nationality by Territorial Acquisition:

When the government of Cameroon gains additional territory to the already existing one, then the
inhabitants of the area newly acquired gain the nationality of Cameroon.

II. Loss and Forfeiture of Cameroonian Citizenship

There are three main ways by which Cameroon nationality can be lost or forfeited. It can be through;

- Acquisition or retention of a foreign nationality,

- Voluntary renunciation of Cameroonian nationality, and

- Government decree.

a. Acquisition of a Foreign Nationality

Any individual who willingly acquires the citizenship of another nation shall automatically lose their
Cameroonian nationality. Perhaps most prominently, this dictates that any Cameroonian immigrant
who becomes a naturalized citizen of a foreign country automatically loses their Cameroonian
nationality.

b. Renunciation of Nationality

Cameroon nationality law also allows for an individual of Cameroon nationality to willfully

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renounce that nationality. The example provided in Law 1968-LF-3 is that of an individual marrying
a foreign person and so renouncing Cameroon citizenship in order to acquire foreign citizenship
through that marriage.

c. Government Decision

Any Cameroonian may lose their nationality if he or she continues to work in an international or
foreign body despite an injunction by the Cameroonian Government to resign it. For Cameroonian
nationals who have gained that nationality through marriage or naturalization within the previous 10
years, the government may revoke that nationality by decree if the individual committed a criminal
act against state security, or committed he even more broadly defined charge of “ act sharmful to the
interest of the State”.

1.2. CONCEPTS RELATED TO CIVICS:

Civics and moral education is all about building positive relationships. However, the various areas
where these relationships are:

1. Moral Education:

It is the study of moral habits, standard of behavior and the principles of right and wrong. It teaches
us virtues like truthfulness and honesty in life, how to live in peace and harmony in our communities.

2. Justice:

This is a model for accountability and answerability which encourages fairness in the punishment
and remission of wrongs. It is the process or result of using laws to fairly judge and punish crimes
and criminals. Justice means that the rights of the accused are guaranteed. It also means that the
interest of the victim is protected and the wellbeing of the entire community is upheld. The notion of
justice is deeply rooted in all cultures and societies. The execution of justice demands formal
juridical mechanisms like the existence of the various courts.

Justice could mean giving each person his due. It is the quality of being just, righteousness,
equitableness, or moral rightness.

3. The rule of Law.

This is a fundamental theory of governance which indicates that all persons, private as well as public

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institutions and the state itself are held responsible or answerable to laws that are publicly legislated
or promulgated according to international norms. The rule of law can also be termed the legal
principle that law should govern a nation and that no one is above the law.

Rule of law could also mean the absolute predominance or supremacy of ordinary law of the land
over all citizens.

1.3. HUMAN QUALITIES, VALUES AND NORMS

1. Human Freedom:

It is the condition of being free from confinement and forced labour. It is an intrinsic good. It is good
when it allows us to do good things and bad when it leads us to do what is not correct. Liberty is a
necessary property for happiness. So individual as well as collective happiness requires liberty.

The principle of liberty is that individuals may do whatever they want to do so far as they do
not harm others. Should the state interfere in individual liberty, the state should be doing so when
individual liberty is likely to harm others. Liberty is a value grounded in the nature of humans as
progressive beings. It can be put to value to be used and it is also a necessary condition for the
personal self-development of human happiness.

CHAPTER TWO: ETHICS.

II.1. UNDERSTANDING ETHICS.

It deals with rules of behavior based on

It is a set of principles of right conduct, it can be termed a theory or a system of moral values. It is
also the philosophical study of the moral value of human conduct and of the rules and principles that
ought to govern it (met-ethics).

Ethics can be seen as a system or set of moral principles, the rules of conduct governing a particular
class of human action.

Ethics are moral beliefs and rules about right and wrong or it is the study of questions about what is
morally right or wrong.

Ethics has to do with character, manner, behavior and morals. It is a set of beliefs which controls
behavior based on moral, in other words, it is the science of morals. It regulates behavior and fosters
relationship amongst fellow members. Ethics addresses issues such as how people should work

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properly for maximum output.

Every profession should have a code of ethics that governs the behavior of its member’s i.e how
interaction with one another in the same profession and with the public is managed.

Ethics can be applied in various fields like journalism, Banking, Accounting, Management, etc.

II.2. SOURCES OR ORIGIN OF ETHICS.

In Western philosophy, there are generally three views as to the origin of ethics.

1. The Divine Command Theory of Ethics: It contends that ethics originates from God that
which God commands is arbitrary good and ethical.
2. The Theory of Forms: Put forward by Plato which holds that there is an independent form
outside God which is the absolute standard of morality and ethics?
3. The relativism Theory: it holds that all knowledge is relative to the individual, in this case,
there cannot be absolute morality. All ethics are relative to circumstances, people and
cultures. This view is problematic because taken to its logical conclusion, there is no such
thing as ethics at all.

II.3. RELATIONSHIP BETWEEN MORALITY, LAW AND ETHICS.

Although all three seem alike, are sometimes totally different. The goal of all is aimed at building a
peaceful society.

Morality.

Simply put, it is the notion or the theory of right and good. It embodies a standard put in place to
direct and control moral behavior. Morality consists of an ideal situation.

In most communities, these sets of rules are considered standard even if they are not fully obeyed. It
is by these standards that our speech, behavior or actions are being evaluated as either good or bad.

Law:

These are rules or decrees by which the society is governed. It is one of the ways through which the
different views and conflicting interests of members of the society are handled or channeled so as to
ensure a peaceful community. Several types of laws do exist, which include: divine law which

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beliefs come from a supernatural being. Closely related to divine law is natural law which is believed
also stems from the divine law.

Ethics:

They are three dimensional. There is ethics which is simply the notion of right or wrong behavior. It
is basic morality for all members of the society. There is also ethics which is a discipline or science
of morality that constitutes a branch of philosophy. There is also ethics which is a special catalogue
of decently acceptable values or principles to which members of a given group, organization or a
profession must abide to. It is from this last part of ethics that professional ethics stems from.

- Law is similar to ethics in that both can trace their origin from a divine theory or divine form.
- They point out clear cut behavior which applies to a group of persons.

They however differ in that certain laws can be bad (immoral laws), while ethics can never be bad.

- Ethics also starts from where law ends

Ethics on the other hand is closer to morality given that part of ethics constitutes in a great manner
what is considered as ordinary morality.

II.4. CODE OF ETHICS

It is a written set of guidelines issued by an organization to its workers and management to help them
conduct their actions in accordance with its primary values and ethical standards. It can be termed a
guide of principles designed to help professionals conduct business honestly and with integrity. A
code of ethics document may outline the mission and values of the business or organization, how
professionals are supposed to approach problems, the ethical principles based on the organization’s
core values and the standards to which the professional will be held.

II.5. PRINCIPLE OR CANNON OF ETHICS.

1. Confidentiality:

A member shall not disclose or use any confidential information acquired as a result of his
professional or business relationships without proper or specific authority or except it’s a mandatory
disclosure (where disclosure is compelled by a process of law or statute).

2. Independence:

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It requires independence of mind where the state of mind that permits the provision of an option
without being affected by influences that compromise professional judgment, allowing an individual
to act with integrity, and exercise objectivity and professional skepticism. A true professional must be
able to work independently without being influenced especially negatively. Like an independent
thinker, a true professional can listen to others, but makes his decisions without allowing his external
circumstances to make him/her do what is not in line with his/her professional ethics.
3. Impartiality:

This is the ability of acting in fairness and without any bias with members of a given profession and
with the public. A true professional can never be biased especially based on ethnic affirmative. He
acts neutrally and can easily resolve conflicts.

4. Honesty:

A true professional is honest. He/she is a man/woman of integrity. The person means what he says
and says what he means. He keeps his promises and is loyal to his family, organization and country.
A true professional cannot have a double life especially between the public and the private.

5. Competence:

A true professional should exhibit a high sense and level of proficiency in his/her field. He/she is
more or less an authority in the field. A true professional never graduates in knowledge especially in
his/her field. He also knows his strength and limits in the field and will not refuse asking for help if
he needs it. A true professional will not accept a job when he knows he cannot perform the task.

CHAPTER THREE: DEONTOLOGY.

3.1. DEFINITION

Deontology (or deontological ethics is an approach to ethics that focuses on the rightness or
wrongness of actions themselves, as opposed to the rightness or wrongness of the consequence of
those actions (consequentialism) or to the character and habits of the actor (virtue ethics).

Thus to a deontologist, whether a situation is good or bad depends on whether the action that brought
it was right or wrong. What makes a choice ‘right’ is its conformity with a moral norm. Right takes

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priority over good. A consequentialist would (or could) argue that the final state of affairs justified
the drastic actions. A virtue ethicist would concern himself with neither, but would look at whether
the perpetrator acted in accordance with worthy virtues.

Deontology may sometimes be consistent with moral absolutism (the belief that some actions are
wrong no matter what consequences follow from them), but not necessarily. For instance, it is argued
that it is always wrong to lie, even if a murderer is asking for the location of a potential victim. But
others hold that the consequences of an action such as lying may sometimes make laying the right
thing to do (moral relativism).

It is sometimes described as ‘duty-based’ or ‘obligation-based’ ethics, because deontologists believe

that ethical rules bind people to their duty. The term ‘deontology’ derives from a Greek word ‘deon’
meaning ‘obligation’ or ‘duty’, and ‘logos’ meaning ‘speaking’ or ‘study’, and was used this way in
1903, in the book ‘Five Types of Ethical Theory’. Simply put, deontology is the science that deals
with duty or the ‘science of duty’. It seeks to accomplish moral duties and obligations and to try to
strike a compromise when there is a conflict in duty or obligation

Modern deontological ethics was introduced in the 18 th century with the theory of categorical
imperative. Imperative deontology is defined as any proposition that declares a certain action to be
necessary.

3.2. CRITICISM OF DEONTOLOGY.

- Some say it has become a paradox of deontology, that deontology forbids some acts that
maximize welfare overall.
- Some writers criticize it that it is essentially a dressed-up version of popular morality, and
that the objectives and unchanging principles that deontologists attribute ti natural law are
really just a matter of subjective opinion.
- Deontologists usually fail to specify which principles should take priority when rights and
duties conflict, so that deontology cannot offer complete moral guidance.

3.3. TYPES OF DEONTOLOGY.

1. Divine Command Theory:

It is a form of deontological theory which states that an action is right, if God has decreed that it is
right, and that an act is obligatory if and only if it is commanded by God.

2. Natural Rights Theory:

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The theory which holds that humans have absolute natural rights (in the sense of universal rights that
are inherent in the nature of ethics and not contingent on human actions or beliefs). The theory
originates with the concept of natural justice or natural rights of Socrates, Plato and Aristotle. The
development of this tradition of natural justice into one of natural law is usually attributed to what
we now refer to as human rights.

3. Contractarian ethics (or the moral theory of contractarianism):

Claims that moral norms derive their normative force from the idea of contract or mutual agreement.
It holds that moral acts are those that we would all agree to if we were unbiased and that moral rules
themselves are a sort of contract and therefore only people who understand and agree to the terms of
contract are bound by it. The theory stems from the principle of social contract which essentially
holds that people give up some rights to a government and or other authority in order to receive, or
jointly preserve social order.

4. Contractualism:

Is a variation on contractarianism, although based more on the ideas that ethics is an essentially
interpersonal matter, and that right and wrong are a matter of whether we can justify the action to
other people.

5. Pluralistic Deontology:

Is a description of a deontological ethics which argues that there are several duties which need to be
taken into consideration when deciding which duty should be acted upon.

- Duty of beneficence (to help other people increase their pleasure, improve their character).
- Duty of non-malfeasance ( to avoid harming other people)
- Duty of Justice (to ensure people get what they deserve)
- Duty of self-improvement ( to improve ourselves)
- Duty of reparation (to recompense someone if you have acted wrongly towards them)
- Duty of gratitude (to benefit people who have benefited you)
- Duty of promise-keeping (to act according to explicit and implicit promises, including the
implicit promise to tell the truth

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CHAPTER FOUR: PROFESSIONALISM

4.1. GENERAL CONSIDERATIONS:

It is essential to be a professional if you want to be a success. But what does professionalism really
mean?

For some, being professional might mean dressing smartly at work or doing a good job. For others,
being professional means having advanced decrees or other certifications, framed and hung on the
office wall. Professionalism encompasses all of these definitions but it also covers much more.

So what is professionalism and why does it matter? And how can you be completely professional in
your day-to-day role?

4.2. DEFINING PROFESSIONALISM.

The Merriam-Webster dictionary defines professionalism as ‘the conduct, aims, or qualities that
characterizes or marks a professional person’ and it defines a profession as a ‘calling requiring
specialized knowledge and often long and intensive academic preparation’.

These definitions imply that professionalism encompasses a number of different attributes and
together, these attributes identify and define a professional.

4.3. WHAT ARE THE ATTRIBUTES OF A PROFESSIONAL?

1. Specialized knowledge:

First and foremost, professionals are known for their specialized knowledge. They have made a deep
personal commitment to develop and improve their skills, and where appropriate, they have the
degrees and certifications that serve as the foundation of this knowledge.

2. Competency:

Professionals get the job done. They are reliable and they keep their promises. If circumstances arise,
they prevent them from delivering on their promises, they manage expectations up front and they do
their best to make the situation right. Professionals don’t make excuses but focus on finding
solutions.

3. Honesty and integrity:

Professionals exhibit qualities such as honesty and integrity. They keep their word and they can be

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trusted implicitly because of this. They never compromise their values and will do the right thing
even when it means taking a harder road.

4. Humility:

True professionals are humble. If a project or job falls outside their scope of expertise, they are not
afraid to admit this. They immediately ask for help when they need it and they are willing to learn
from others.

5. Accountability:

Professionals hold themselves accountable for their thoughts, words and action, especially when they
have made a mistake. This personal accountability is closely tied to honesty and integrity and it’s a
vital element for professionalism.

6. Self-regulation.

They also stay professional under pressure. Genuine professionals show respect for the people
around them, no matter what their role or situation is. They exhibit a high degree of emotional
intelligence by considering the emotions and needs of others.

7. Image.

Professionals look the part that they don’t show up to work sloppily dressed, with unkempt hair.
They are polished and they dress appropriately. Because of this, they exude an air of confidence and
they gain respect for this.

4.4. HOW TO EXHIBIT PROFESSIONALISM.

As you can see from these characteristics, professionals are the kind of people that others respect and
value. They are a genuine credit to their organizations. That is why it’s so important that we work to
earn a professional reputation in the work place. True professionals are the first to be considered for
promotions, they are awarded valuable projects or clients, and they are routinely successful in their
careers.

4.5. ADDITIONAL STRATEGIES THAT WILL HELP ONE TO BE MORE

PROFESSIONAL.

Build expertise and stay up-to-date with your industry, listen actively in order to develop your
emotional intelligence, honour your commitments, be polite, have the tools you need, manage your

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time and plan so that you are always in control. Attend seminars to improve on your knowledge.

CHAPTER FIVE: GOOD GOVERNANCE AND THE FIGHT AGAINST CORRUPTION IN

CAMEROON.

5.1. DEFINITION OF GOVERNANCE

The concept of "governance" is not new. It is as old as human civilization. Simply put
"governance" means: the process of decision-making and the process by which decisions are
implemented (or not implemented). Governance can be used in several contexts such as
corporate governance, international governance, national governance and local governance.
Good governance has 8 major characteristics; participatory, consensus oriented, accountable,
transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law. It
assures that corruption is minimized, the views of minorities are taken in to account and that the
voices of the most vulnerable in society are heard in decision-making. It is also responsive to the
present and future needs of society.

5.2. PRINCIPLES OF GOOD GOVERNANCE

1. Participation

Participation by both men and women is a key corner stone of good governance. Participation
could be either director through legitimate intermediate institutions or representatives. This
means freedom of association and expression on the one hand and an organized civil society on the
other hand.

2. Transparency

Transparency means that decisions taken and their enforcement are done in a manner that follows
rules and regulations. It also means that information is freely available and directly accessible to
those who will be affected by such decisions and their enforcement.
3. Responsiveness
Good governance requires that institutions and processes try to serve all stakeholders within a
reasonable time frame.
4. Rule of law

Good governance requires fair legal frame works that are enforced impartially. It also requires full

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protection of human rights, particularly those of minorities. Impartial enforcement of laws
requires an independent judiciary and an impartial and incorruptible police force.
5. Consensus oriented

There are several act or sand as many viewpoints in a given society. Good governance requires
mediation of the different interests in society to reach a broad consensus in society on what is in
the best interest of the whole community and how this can be achieved.

6. Equity and inclusiveness

A society’s well-being depends on ensuring that all its members feel that they have a stake in it and
do not feel excluded from the main stream of society. This requires all groups, but particularly the
most vulnerable, have opportunities to improve or maintain their well-being.
7. Effectiveness and efficiency

Good governance means that processes and institutions produce results that meet the needs of
society while making the best use of resources at their disposal. The concept of efficiency in the
context of good governance also covers the sustainable use of natural resources and the protection
of the environment.
8. Accountability

Accountability is a key requirement of good governance. Not only governmental institutions but
also the private sector and civil society organizations must be accountable to the public and to
their institutional stake holders.

5.3. ACTORS OF GOOD GOVERNANCE.

Government, other actors involved in governance vary depending on the level of
government that is under discussion. In rural areas, for example, other actors may
include influential landlords, associations of peasant farmers, cooperatives, NGOs,
research institutes, religious leaders, finance institutions political parties, the military.

5.4. LAWS AND INSTITUTIONS PUT IN PLACE TO ENHANCE GOOD

GOVERNANCE AND FIGHT AGAINST CORRUPTION.

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A. Institutions:
- Ministry of State Audit
- National Commission for the fight against corruption (CONAC)
- The last Great Ape Organization Cameroon (LAGA) fights corruption in the
area of wildlife
- National Agency for Financial Investigations (ANIF)
- ‘Operation sparrow Hark’ in French as ‘Operation Epervier’.
- The CHOC-Cameroon program (Change Habits, Opposes Corruption)
- SIGEPES at the public service
- SYDONIA
- Cameroon has signed and ratified the United Nations Convention against
Corruption and has signed, but not ratified the African Union Convention on
Preventing and combating corruption.
B. LAWS:
- The constitution,
- the penal code which punishes those who corrupt,
- laws on decentralization
- The Electoral code,
- Investment code, e.t.c.
Despite the existence of all these, corruption is still alarming. So what can be done is
for Cameroonians to change their mentality?

REVISION QUESTIONS:
1. What recommendations can you make for corruption to be curbed?
2. What are the rights and responsibilities of a citizen?
3. What is moral consciousness?
4. What mechanisms and measures have been put in place to protect the
environment?
5. Name some national as well as international moral figures

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TESHOKONG MIRABEL NKENGFUA(PhD) Page 30