Re: [cameroon_politics] OPEN LETTER TO THE MINISTER OF JUSTICE

Dear Comrades,


When some of our compatriots keep on talking about a return to federalism which had a dismal failure and others talk of going back to the drawing table and some still, allude to an imagined unification, I wonder aloud if they really understand the issue at stake between la Reublique du Cameroun and the British Southern Cameroons as well as the history of the two states. It has been proven beyond any reasonable doubt even by la republique's scholars that there was no unification and I don't see how our people would keep on alluding dishonestly to federalism and unification. Let these errors be corrected in subsequent write ups and pronouncements.

John Amaya



On Monday, 29 June 2015, 19:33, 'George Achu' via ambasbay <ambasbay@googlegroups.com> wrote:


Regarding the People's Action Party's Open Letter to the Cameroun government minister of justice, does any eye witness of the British colonial era know about such a miscarriage of justice by a colonial power? I don't. That is, moving criminal accused persons from British Southern Cameroons to London for trial? Why should justice, by a foreign black colonizer, for blacks in an annexed black state, be worse than that of the former white colonial master? Without commenting on the merits of the case of the accused persons here, granting jurisdiction over them to courts in a different province is not only inconvenient (forum non conveniens doctrine)but also unconstitutional. Trying their cases in a foreign language is illegal and improper. This is a case in point for litigation and the ultimatum given by the seven hundred common law lawyers of the occupied state - in a bid to maintain the integrity of their common law system. These facts fuel their case for the restoration of the autonomy, if not, independence of their state - annexed in 1961 by Cameroun, under false pretenses of forming a two-state federation. Why should Cameroun, a predominantely French civil law state, exercise jurisdiction over litigants in a common law state? Why should it, given that it is even so contemptuous of international law and courts? On such facts are well founded the ultimatum to Cameroun of Southern Cameroons' common law lawyers to stop its arbitrary intrusions and restore the federation within six months. As I stated before, the attempt of the Camerounian occupation regime to undermine and do away with the English common law system, to replace it with the French civil law system and language, is the last straw that will break the camel's back. As for the aggressor, if it insists and persists, it will be like a Python which, because of its vaulting ambition, gourmandise  and fatal mistake of judgment, swallowed a Porcupine to its demise. The sooner Cameroun stops this rogue policy and pull back, the better the outcome for it. Having treated with spite the African Union's ruling of 2009 that representatives of Cameroun and the two provinces of the Southern Cameroons go back to the drawing board to make new constitutional arrangements to restore the autonomy of the Southern Cameroons (its "unalienable right"), Cameroun continues to violate this internationally protected right of the former. In this regard, its administration and judiciary take decisions that are inconsistent with the letter and spirit of the African Union ruling. It is worth noting that as a member of the United Nations and the African Union, Cameroun, like other member states, is bound by their Charters and Resolutions - among them, the duty to respect the political, civil and economic rights of individuals and groups.
Finally, while the state status issue is pending, to administer justice in the occupied state, Cameroun should not do so with dirty hands - hands soaked with the toil, sweat and blood of its subjects. Pending the restoration of the state and its Judiciary, the Minister of Justice, through the Attorney General of the Supreme Court of the Cameroons, as representative of the imperial government, should intervene on the latter's behalf to end this masquerade of justice for accused persons, subjects of the Open Letter of the People's Action Party to the Minister of Justice. Colonial judges and prosecutors know or should know that, pursuant to the African Union ruling of 2009, the inhabitants of the Southern Cameroons are "a people" (international law classification); a group that, as such, have an unalienable right to self-determination. A complete statement of this right to the territory is "external self-determination", which, strictly construed in accordance with international law as applied by the African Union resolution, is the right of sovereign autonomy or independence. This is so, because pursuant to the African Union instrument, Southern Cameroons was not part of Republic of Cameroun when the latter had independence in 1960. The ball, or an account of the abuses in the process of the chief and related accused, has been forwarded to the imperial government for necessary action. It will either make or mar and bear the responsibility before the domestic and international audiences.   

Gov. G. Mofor Achu
LLB;LLM (Int'l Legal Studies) 
Int'l Human and People's
Rights advocate    
 





On Monday, June 29, 2015 8:25 AM, "'Akoson A. Raymond' akosonako@yahoo.com [cameroon_politics]" <cameroon_politics@yahoogroups.com> wrote:


 
People's Action Party, PAP Writes Open Letter to Minister of Justice.

OPEN LETTER TO THE MINISTER OF JUSTICE:

OPPRESSION AND DENIAL OF JUSTICE

The Justice and Peace Committee of People's action Party – PAP – has been petitioned and we do faithfully narrate as follows:

One Ekwalla Njie Samuel was duly enthroned the chief of Bonadikombo on the 18th February, 2005. CDC subsequently ceded land to his community and the land was allocated to the various families of the chiefdom, with some parcels reserved for the community in common.

Another administrator (name withheld for now) took office and apparently struck a deal with a certain Esombe Nanyowe with an eye on the land. He procured the latter to organize a ceremony in his compound, disguised as the ceremonial ground for a tour of the chiefdom by the administrator…

Only for the administrator to get up sooner after his arrival and brandish a document, declaring it was from Yaounde; and that from then on, the chief of Bonadikombo was Esombe Nanyowe… The Fako chiefs present, the notables of the village and the majority of the population walked away in spontaneous protest…

The President and the Secretary General of Fako Chiefs' Conference petitioned against the rather unorthodox means of selecting a chief without consultation talks as by law required. Three king makers also did likewise. To seal their deal and safeguard their booty, The "ousted" chief was handed over to the Limbe court for his apparent forgery of a birth certificate, reportedly established when the "ousted" chief was only four years of age. The court convicted and sentenced him to one year in prison all the same. We take seriously the allegation that the court was messed up because it is elementary law that there is no criminal liability at any age up to ten years…

When the administrator later left Limbe, he embarked upon further illegal moves to secure his land. By sordid machinations, witnesses were heard at the Limbe Gendarmerie Company by two individuals claiming to have come from the "Service Central des Recherches Judiciaire a la Gendarmerie Nationale a Yaounde" on June 3, 2013, apparently on Esombe Nanyowe's complaint about false report, threat and usurpation of title…. Four days later, on June 7, the three king makers were interrogated at Bonadikombo. On July 25, the three were picked up from their houses at Bonadikombo, ferried to Yaounde, and locked up…

They were rushed to court the next day where charges were trumped up in French against them. We all know of course that the language the people of Bonadikombo are familiar with is English. Lucky as they were, they saw a lawyer who could hear them in English. They were directed to plead not guilty and so they did. They were released on bail under circumstances too ugly to state here. They have been going to court at least once a month ever since…

On April 2, 2015, the three "accused" filed a complaint with the police at Bonadikombo that they had been confronted with an apparent complaint addressed to the "Directeur de la Police Judiciaire, Yaounde" written on :Lundi, le 10 avril 2014", bearing telephone number: 51 42 38 03, and said to have been written by them; whereas their petition of 2010 was written in English, bearing their telephone numbers and signatures.

Worthy of note too is that, whereas Esombe knows little French (reportedly without even O'level), he was said to have written a complaint at "Yaounde, le 8 mai 2014" a "Monsieur le Procureur de la Republique, Pres le Tribunal de Premiere Instance Yaounde – Centre Administratif Yaounde" in some decent French. God alone knows why to the State Counsel of Yaounde, and why in French!

The crux of the matter though is that, even as the alleged offences were said to have been committed at Bondikombo; the investigation was conducted in Limbe; the accused were arrested at Bonadikombo and ferried to Yaounde; the court fraudulently trumped up charges that the offences were committed in Yaounde within the jurisdiction of the "Tribunal de Premiere Instance Yaounde – Centre Administratif".

Counsel for the accused raised an objection in limine, arguing very correctly that the Yaounde Court of First Instance has no jurisdiction over an offence committed within the jurisdiction of another court (in another region), where all the witnesses and all the accused do reside. When the lawyer was overruled, he lodged an appeal for the opinion of the Court of Appeal on the issue of jurisdiction.

Mr. Minister does know more than we do that an appeal operates as stay of proceeding in the circumstance. But the court insists on going on with the case and is in fact so doing! If the court has no vested interest, why such patent disregard for the law of the land? We would hate to imagine that the court is so ignorant as not to know such elementary notions; even as we are tempted so to hold from the lay language in the charges which does indicate a rather abysmal knowledge of the law!

We hold that this amounts to oppression and denial of justice; and that this is a proper case for the Ministry of Justice to intervene. All the more so as the accused are impecunious retired civil servants, aged between 69 and 80, who are made to travel from Bonadikombo to Yaounde and back every month on the whims and caprices of a rather funny court!

And we do so submit.

Yours faithfully,
THE NATIONAL STRATEGIC TEAM,
PEOPLE'S ACTION PARTY.

June 29, 2015 

------------------------------------------------------------------------
"…Time has come, I believe, for our leaders to start training the youths to take over the baton. Effective, efficient and rigorous training does not constitute issuing subservient roles; rather, it involves sitting side by side on the round table for law, policy and decision making and thorough brainstorming on the normative values that undergird progressive issues. Ayah Paul of PAP takes great pleasure in working with the youths. I am proud to work with him..." Akoson A. Raymond.
----------------------------------------------------------------------

Image by FlamingText.com


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Posted by: "Akoson A. Raymond" <akosonako@yahoo.com>
Reply via web post Reply to sender Reply to group Start a New Topic Messages in this topic (1)
<*> To visit your group on the web, go to:
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On Monday, June 29, 2015 8:25 AM, "'Akoson A. Raymond' akosonako@yahoo.com [cameroon_politics]" <cameroon_politics@yahoogroups.com> wrote:


 
People's Action Party, PAP Writes Open Letter to Minister of Justice.

OPEN LETTER TO THE MINISTER OF JUSTICE:

OPPRESSION AND DENIAL OF JUSTICE

The Justice and Peace Committee of People's action Party – PAP – has been petitioned and we do faithfully narrate as follows:

One Ekwalla Njie Samuel was duly enthroned the chief of Bonadikombo on the 18th February, 2005. CDC subsequently ceded land to his community and the land was allocated to the various families of the chiefdom, with some parcels reserved for the community in common.

Another administrator (name withheld for now) took office and apparently struck a deal with a certain Esombe Nanyowe with an eye on the land. He procured the latter to organize a ceremony in his compound, disguised as the ceremonial ground for a tour of the chiefdom by the administrator…

Only for the administrator to get up sooner after his arrival and brandish a document, declaring it was from Yaounde; and that from then on, the chief of Bonadikombo was Esombe Nanyowe… The Fako chiefs present, the notables of the village and the majority of the population walked away in spontaneous protest…

The President and the Secretary General of Fako Chiefs' Conference petitioned against the rather unorthodox means of selecting a chief without consultation talks as by law required. Three king makers also did likewise. To seal their deal and safeguard their booty, The "ousted" chief was handed over to the Limbe court for his apparent forgery of a birth certificate, reportedly established when the "ousted" chief was only four years of age. The court convicted and sentenced him to one year in prison all the same. We take seriously the allegation that the court was messed up because it is elementary law that there is no criminal liability at any age up to ten years…

When the administrator later left Limbe, he embarked upon further illegal moves to secure his land. By sordid machinations, witnesses were heard at the Limbe Gendarmerie Company by two individuals claiming to have come from the "Service Central des Recherches Judiciaire a la Gendarmerie Nationale a Yaounde" on June 3, 2013, apparently on Esombe Nanyowe's complaint about false report, threat and usurpation of title…. Four days later, on June 7, the three king makers were interrogated at Bonadikombo. On July 25, the three were picked up from their houses at Bonadikombo, ferried to Yaounde, and locked up…

They were rushed to court the next day where charges were trumped up in French against them. We all know of course that the language the people of Bonadikombo are familiar with is English. Lucky as they were, they saw a lawyer who could hear them in English. They were directed to plead not guilty and so they did. They were released on bail under circumstances too ugly to state here. They have been going to court at least once a month ever since…

On April 2, 2015, the three "accused" filed a complaint with the police at Bonadikombo that they had been confronted with an apparent complaint addressed to the "Directeur de la Police Judiciaire, Yaounde" written on :Lundi, le 10 avril 2014", bearing telephone number: 51 42 38 03, and said to have been written by them; whereas their petition of 2010 was written in English, bearing their telephone numbers and signatures.

Worthy of note too is that, whereas Esombe knows little French (reportedly without even O'level), he was said to have written a complaint at "Yaounde, le 8 mai 2014" a "Monsieur le Procureur de la Republique, Pres le Tribunal de Premiere Instance Yaounde – Centre Administratif Yaounde" in some decent French. God alone knows why to the State Counsel of Yaounde, and why in French!

The crux of the matter though is that, even as the alleged offences were said to have been committed at Bondikombo; the investigation was conducted in Limbe; the accused were arrested at Bonadikombo and ferried to Yaounde; the court fraudulently trumped up charges that the offences were committed in Yaounde within the jurisdiction of the "Tribunal de Premiere Instance Yaounde – Centre Administratif".

Counsel for the accused raised an objection in limine, arguing very correctly that the Yaounde Court of First Instance has no jurisdiction over an offence committed within the jurisdiction of another court (in another region), where all the witnesses and all the accused do reside. When the lawyer was overruled, he lodged an appeal for the opinion of the Court of Appeal on the issue of jurisdiction.

Mr. Minister does know more than we do that an appeal operates as stay of proceeding in the circumstance. But the court insists on going on with the case and is in fact so doing! If the court has no vested interest, why such patent disregard for the law of the land? We would hate to imagine that the court is so ignorant as not to know such elementary notions; even as we are tempted so to hold from the lay language in the charges which does indicate a rather abysmal knowledge of the law!

We hold that this amounts to oppression and denial of justice; and that this is a proper case for the Ministry of Justice to intervene. All the more so as the accused are impecunious retired civil servants, aged between 69 and 80, who are made to travel from Bonadikombo to Yaounde and back every month on the whims and caprices of a rather funny court!

And we do so submit.

Yours faithfully,
THE NATIONAL STRATEGIC TEAM,
PEOPLE'S ACTION PARTY.

June 29, 2015 

------------------------------------------------------------------------
"…Time has come, I believe, for our leaders to start training the youths to take over the baton. Effective, efficient and rigorous training does not constitute issuing subservient roles; rather, it involves sitting side by side on the round table for law, policy and decision making and thorough brainstorming on the normative values that undergird progressive issues. Ayah Paul of PAP takes great pleasure in working with the youths. I am proud to work with him..." Akoson A. Raymond.
----------------------------------------------------------------------

Image by FlamingText.com


__._,_.___

Posted by: "Akoson A. Raymond" <akosonako@yahoo.com>
Reply via web post Reply to sender Reply to group Start a New Topic Messages in this topic (1)
<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/cameroon_politics/

.

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