Re: [cameroon_politics] Full Text of the Pre-Plebiscite Resolution on Reunification.

I have read this recent submittal from former Presidential Candidate Susungi.
A non-careful reader may be lured into believing what he is saying.
The Southern Cameroons practiced parliamentary democracy.
That is why the document signed by Foncha, had the word PREMIER in it.
That document was NEVER ratified by the Southern Cameroons House
of Assembly.  This is one of the core reason why there was no final
document from the Southern Cameroons, and of course La Republique
du Cameroun.  That is why the UN has no document that shows us
that Southern Cameroons united or even re-united with La Republique
du Cameroun.
 
I believe that Dr. Nfor Susungi knows this, but he is trying to hoodwink the not so careful reader.
 
Blessed Be Cameroon
Pa Fru Ndeh
From: Nfor N Susungi <nsusungi@yahoo.com>
To: ambasbay@googlegroups.com; cameroon_politics@yahoogroups.com
Cc: cameroon_politics@yahoogroups.com; camnetwork@yahoogroups.com; sdf-forum@yahoogroupes.fr; solomon atanga <soloamabo@yahoo.co.uk>; Eden Media <edenmedia@yahoo.co.uk>
Sent: Tuesday, July 3, 2012 7:28 AM
Subject: [cameroon_politics] Full Text of the Pre-Plebiscite Resolution on Reunification.
Full Text of the Pre-Plebiscite Resolution on Reunification.
 
In one of the secret documents which I obtained from the British Public Record Office in Kew Gardens in London , which became open to the public in 1993 after the mandatory 30-year rule on highly classified secret documents, I became aware of the types of arrangements that took place between Foncha and Ahidjo prior to reunification.  The key document which underlies Reunification in Cameroons is a "Resolution" which President Ahidjo and Prime Minister John Ngu Foncha signed on 14th October 1960 on "Reunification" in the event that Southern and Northern Cameroons vote in favor of joining the Cameroun Republic.
 
Please read this important document carefully.
Reunification of Southern Cameroons with Republic of Cameroun
Resolution
Whereas by resolution of 14the session of the United Nations a plebiscite will be held in February 1961 to decide whether the Northern and Southern Cameroons will gain independence by joining the Federation of Nigeria or the Cameroun Republic;
And Whereas in the event of the vote favoring the joining of the Cameroun Republic, the implementation of reunification on a Federal basis adaptable to conditions peculiar to all sections of Cameroon cannot be automatic but gradual;
And Whereas the delegations of the Government of Cameroun Republic and the government party in Southern Cameroons reaffirm their peoples' strong desire to reunite as a nation, and the same leaders having held two previous discussion to initiate the constitutional nature of the Union;
Now, at their third meeting holding in Yaoundé between the 10th and 14th October 1960 resolved that the outline draft proposal for the constitution in the event of unification be adopted.
Outline Proposal for a Draft Constitution for a federal United Kamerun Republic .
At the third meeting of the Representatives of the government of the Republic of Cameroun and the Governing Party in the Southern Cameroons to continue their discussions on a draft constitution for the unification of the Republic of Cameroon and the Northern and Southern British Cameroons the following declaration s were made by Premier Foncha, President Ahidjo, Head of the Cameroun Republic, and Mr. Charles Assale, the Prime Minister of Cameroun Republic:
1 (a) That they intend to do everything possible (in their power) to implement the country-wide desire for unification to which they have dedicated themselves;
1 (b) Reaffirmed that the territories shall be unified as a federal, sovereign state outside the British Commonwealth and the French Community;
And agreed on the following draft constitution:
2.     The Federation shall consist of the Republic of Cameroun and the Southern Cameroons .  The two parties hope that Northern British Cameroons will join the federation whether as a separate state or as a unit with Southern Cameroons ;
3.     The main features of the constitution of the Federation of Kamerun States:
a.     The Federation of Kamerun states shall be democratic and freedom of worship, of speech of press and movement shall be guaranteed in so far as these rights are exercised within the law of the Federation.
b.    The Federation shall have a common motto, national anthem, and national flag;
c.      All indigenous people in all the states shall have Cameroonian citizenship;
4.     Minimum Federal Subjects:
a.     Citizenship
b.    Civil Rights
c.      National Defense
d.    Foreign Affairs
e.     Higher Education
f.       Immigration and Emigration
g.    Federal Budget
h.    Posts and Telegraphs
The remaining subjects which are likely to fall within the power of the Federal Government will for the time being be legislated upon by the states;
5.     The Legislature of the Federation:  There shall be two legislative Houses for the Federation:  The National Assembly and the Senate
The Federal Authority:  The Supreme Authority of the Federal State shall be composed of – the Federal Executive with the President who is also Head of the Federation, and the National Assembly;
Constitutional Safe-guards:  Certain Federal Acts shall be enacted in such away that the majority shall not impose on any state a measure which would be contrary to its interests.  In case of conflicts between the Federal law and the law of one state, the Federal law shall supersede.  The states can legislate only on matters which do not fall within the Federal list.  A Federal Tribunal shall arbitrate on conflicts arising between the states;
Federal Judicial System:  A Federal Court of Justice shall coordinate the two judicial systems and to create a Federal Supreme Court of Appeal.
State Organs: The government organs of the States as at present will have to continue until the Federal organ is created.
Signed by:
1.  For and on behalf of the Government of the Cameroun Republic :
HE Ahmadou Ahidjo, President
Mr. Charles Assale, Prime Minister
2.     For and on behalf of the Government of the Southern Cameroons :
J.N Foncha, Premier
 
Observations:
1.     The source of this document is the Public Record Office in Kew Gardens in London, United Kingdom;
2.     The importance of the above document which was signed in Yaoundé on 14th October 1960 is that it explains everything which happened in Foumban in July 1961 and later on October 1st 1961.
3.     It is in this document that the term "reunification" is used for the first time.
4.     There was a "Resolution" and a "Joint Communique" on the Resolution and both of them were signed by President Ahidjo, Prime Minister Charles Assale and Prime Minister John Ngu Foncha;
5.     The legal experts of the Southern Cameroons have opined that reunification did not take place in legal terms on 1st October 1961 because Foumban failed to produce a legally binding union agreement.  But the above document which was signed one year earlier shows that no additional agreement was necessary in Foumban because the Yaoundé Agreement was a legally binding agreement on reunification, having been signed by the Ahidjo, Assale and Foncha, "For and on Behalf of their Governments".
6.     I also discovered why the British Government was absent from the Foumban conference.   The simple reason is that they were not happy with Foncha.  In this secret document, the British Government expressed their anger with Foncha by saying:
"Considering the paramount importance of the issues involved, coupled with the respective strength of the two major parties in the Southern Cameroons House of Assembly, we consider it a matter of profound regret that neither H.M Government in the United Kingdom nor the government of the Southern Cameroons considered it appropriate to invite the Opposition to take part in the Yaoundé discussions before the so-called "Constitution for a Federal United Kamerun Republic" was signed by Premier J.N Foncha, 'for and on behalf of the government of the Southern Cameroons', and President Ahmadou Ahidjo and Prime Minister Asale, 'for and on behalf of the Cameroun Republic'.  Since the territory of the Southern Cameroons is still held in trust by H.M government in the United Kingdom, we question very strongly the competence of Premier J.N Foncha to conclude and sign an international agreement of such magnitude 'for and on behalf of the government of the Southern Cameroons"'.
7.     The British Government was so angry with Foncha that they saw no need to come to Foumban given the fact that the real negotiations had already been done and sealed in Yaoundé in October 1960.  There was no point in going to Foumban.  In any case no one insisted on the presence of the United Kingdom before proceeding with the conference.
8.     It will be recalled that UN General Assembly Resolution 1608 (XV) "Invites the Administering Authority, the government of the Southern Cameroons and the Republic of Cameroun to initiate urgent discussions with a view to finalizing before 1 October 1961, the arrangements by which the agreed policies of the parties will be implemented".   My own interpretation of what happened in Foumban is that Ahidjo, Asale and Foncha felt that they were meeting merely to review and agree on the final draft federal constitution which would be promulgated on 1st October 1961 because all the necessary negotiations on agreed policies had been done prior to the plebiscite and the deal had been sealed in Yaoundé in October 1960.  There was therefore no need for any new union agreement to be signed in Foumban.
9.     This interpretation has consequences for reunification refusniks who have maintained that reunification did not take place on 1st October 1961 because of the absence of a legally binding union agreement. This position needs to be reexamined because who can deny that the Yaoundé Resolution of 14th October 1960 is a legally binding union agreement?   If we accept that the Yaoundé Agreement was a legally binding union agreement, then the Southern Cameroons independence movement has lost its legal platform!!!  The Southern Cameroons independence movement has to find another platform in which to justify itself.
10.                       The secretive nature of Prime Minister J.N Foncha in handling the reunification question was echoed by N.N Mbile who said in his book entitled "Memories of an Eyewitness" that during the conference which they held in Bamenda in June 1961 to prepare for the Foumban Conference, the Premier had received a draft Federal Constitution from Ahidjo but kept it under his armpit and refused to share it with them (Opposition) because he described it as "confidential".  The comment of the British Government official to the Yaoundé Resolution of 14th October 1960, confirms that Foncha systematically excluded the Opposition in the Southern Cameroons House of Assembly from anything negotiations dealing with reunification.
Based on the above, I feel that I have no choice but to accept reunification not just because of the legitimacy that it has acquired after 50 years, but also more importantly because the documents which I have studied lead me to believe that the reunification process which culminated with the promulgation of the constitution of the Federal Republic of Cameroon on 1st October 1961 suffered from no legal deficiencies which can lead anyone to challenge the international legitimacy or legality of the Federal Republic which came to being on 1st October 1961.
 

 
 
 


--- On Sat, 6/30/12, sincerelawyer@aol.com <sincerelawyer@aol.com> wrote:

From: sincerelawyer@aol.com <sincerelawyer@aol.com>
Subject: [cameroon_politics] Re: Dr. Susunji is Wrong in RE-UNIFICATION: CLARIFICATION ANALYSIS
To: ambasbay@googlegroups.com
Cc: cameroon_politics@yahoogroups.com, camnetwork@yahoogroups.com
Date: Saturday, June 30, 2012, 2:47 PM

 
When I read Dr. Susunji's piece, I was very impressed with his analysis. However, he did not succeed in challenging the central thesis that "There was never any re-unification. Throughout his analysis he pointed out errors which in many legal minds would have frustrated the contract or agreement between Ahidjo and Foncha. There was never a meeting of the minds between the representatives of the Republic of Cameroon and the representatives of the British Southern Cameroons. He, in many occasions referred to "The French Republic of Cameroon". There has never been any country called "The French Republic of Cameroon". There was French Cameroons, British Southern Cameroons, and British Northern Cameroons. When the French Cameroons had its independence on January 1, 1960, it changed its name to The Republic of Cameroon which by the way after they seceded from the United Republic of Cameroon in 1982 and assumed their original name at independence, The Republic of Cameroon, they would not leave Southern Cameroons' territory. If Dr. Susunji reads his own piece all over again, he would come to the conclusion that there was no re-unification because the meetings between Ahidjo and Foncha as analysed by him, were fraught with bad faith and errors. The Queen of England and Her Majesty government was the rightful authority to grant independence to Southern Cameroons and/or to negotiate with the Republic of Cameroon but did not because a few misguided individuals who did not understand global politics or any politics at all, but were intoxicated with power they thought they had, drew us to a situation they themselves could no longer get us out of it. Dr. Foncha and Mr. Muna were here in Washington in the 1990s and I was present in those meetings were both of them confessed to their mistakes. Fortunately for us, Mr. Biya seceded from the illegal union, i.e. the Federal Republic of Cameroon, and took his nation back to their original status of the Republic of Cameroon though he has since been illegally occupying our territory against our will. There were so many irregularities, as pointed out by Dr. Susunji's analysis that made the agreement null and void ab initio. So, when Hon. Ayah, a respected jurist states that there was never any reunification, he is very right. Dr. Susunji's lengthy analysis just confirmed that thesis that there was never any reunification. The Republic of Cameroon and its French backers know that they are occupying a territory as colonizers.  They should know that no people ever die under colonialism or subjugation. Southern Cameroons will not be the first. We, Southern Cameroonians shall be free one day. It took the children of Israel 400 years to be free from the Egyptian bondage, it took African Americans 400 years to shake off the shackles of slavery, it will take Southern Cameroon a shorter time to get itself rid of the shackles of The Cameroon Republic's occupation. Indeed there was never any reunification between Southern Cameroons and the Republic of Cameroon. One might even not succeed to defend that thesis even if the country were still called the Federal Republic of Cameroon or the United Republic of Cameroon because of the irregularities enumerated by Dr. Susunji. There was the Republic of Cameroon from January 1, 1960 which boundaries did not go beyond the Mungo River. The Republic of Cameroon did not share borders with the Federal Republic of Nigeria on January 1, 1960. Southern Cameroons shared borders with those two independent Nations: The Federal Republic of Nigeria and The Republic of Cameroon. Since 1982, the Republic of Cameroon has been violating the sovereignty of Southern Cameroon which attained her independence on October 1, 1961. 
 
Dr. Peter N. Njang 
 
In a message dated 6/30/2012 12:51:44 P.M. Eastern Daylight Time, mfyembe@gmail.com writes:
I have warned all those transforming the liberation struggle into an
intellectual debate to beware. We can NOT be fooled ANYMORE. Thanks,
Mola Mbua for this piece, but I dare state that no matter how many
thesis are presented on whether or not there was (re)unification is
not our point of interest now as to the fact that a people want to be
free. Those who want to remain in LRC are free to, without dragging us
along. I am speaking from my soul!!!
Shey MF Yembe

On 6/30/12, thomas sama achoa <samatom2007@yahoo.fr> wrote:
> Dr Louis Egbe even the damn thing that Ahidjo called a Federation in
> September 1961 before the intention
> of the Southern Cameroonian people was made in October that is a month later
> was wrong.
> See why it was wrong let me bring Nigeria into play. Nigeria as an entity
> started as a federated state of three
> states that does not mean that three states were independent entities with
> International Boundries as was the case
>
> of the Southern Cameroons, what happened in LRDC in September 1961 is just
> the same like the Nigerian people
>
> deed by declaring a federated state from the start, so  Ahijo's Federation
> does not include the Southern Cameroons into the damn thing
>
> what a heck is Dokta Susungi trying to tell me here? It is because of the
> likes of Dokta Susungi that we are where we are
> today for he dokta saw this thing coming but he failed to raised an
> objection today we the young once are suffering and
> scattered all over the world like sheeps without a shepherd and enstead of
> him appologising to us he is there running his
> mouth about nonsense is he insane or what is this all about?
>
>
>
> ________________________________
>  From: louis egbe <louis_egbe@yahoo.co.uk>
> To: camnetwork@yahoogroups.com; ambasbay@yahoogroups.com;
> SobaAmerica@yahoogroups.com; SOBA76@yahoogroups.com
> Cc: ambasbay@googlegroups.com
> Sent: Saturday, June 30, 2012 2:17 PM
> Subject: A Reply to Dr. Susunji's RE-UNIFICATION: CLARIFICATION NOTE
>
>
> Saturday, 30 June 2012
> A Reply to Dr. Susunji's RE-UNIFICATION: CLARIFICATION NOTE
>
> I was interested in Hon Chief Ayah's internet-circulated posting, 29 June
> 2012, which clearly stated that there is no legally binding document
> deposited at the UN, as required by international law enshrined in the UN
> Charter that created the so-called Union between the Southern Cameroons and
> La Republique du Cameroun. Hon. Ayah was correct. However, it seems Dr.
> Susunji, in his own rebuttal article equally published yesterday, 29 June
> 2012, in various Cameroon internet fora is stating that Hon Paul Ayah's is
> misleading and that there is or was a kind of legally binding agreement.
> Dr.Susunji is totally incorrect and his article is grossly misleading as the
> following analysis and argument will reveal in this essay.
>
> In the first place, if there was any "Treaty", then that "Treaty" has been
> violated since Ahidjo abrogated the Treaty in 1972 by violating the Federal
> constitution that brought to birth the de facto Federation in 1961. The
> Federal Constitution which came to force in September 1961 could not
> possibly be classified as a Treaty since the only signatory in the document
> was President Ahidjo......
>
> Read the full article in: http://louis-mbua.blogspot.co.uk/
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