Cameroon Legal System




Cameroon Legal System


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Cameroon is a bijural system with the English Common Law operating in the two Anglophone regions of North West and South West and the French Civil Law operating in the eight francophone regions of Adamaoua, Centre, East, Far North, Littoral, North, West and South. These systems of law expanded to Cameroon through colonisation by conquest.

Introduction

Cameroon is a bijural system with the English Common Law operating in the two Anglophone regions of North West and South West and the French Civil Law operating in the eight francophone regions of Adamaoua, Centre, East, Far North, Littoral, North, West and South. These systems of law expanded to Cameroon through colonisation by conquest.

A- The Common Law System

The 
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Common Law family embraces the law of England and legal systems of the English type. It has certain features which make it peculiar.

First, it is basically a judge made law. The Common Law was formed primarily by judges who had to resolve individual disputes.

Second, the legal rule in the Common Law system is one which seeks to provide the solution to the case in hand. It does not seek to formulate a general rule of conduct for the future.

Three, rules relating to the administration of justice, procedure, evidence and execution of judicial decisions have, for Common Law jurist, an interest equal, or even superior, to substantive rules of law. Common Law attaches a lot of importance to adjectival law. English Law was conceived essentially in the light of litigation and so is more concerned with the administration of justice.

This is why guiding principles such as "fair trial" and "due process of law" are central to English Law.

Four, and finally, the Common Law procedure is accusatorial and is essentially oral.

In Cameroon the received English Law consists of:
- The Common Law;
- The doctrines of equity; and
- The statutes of general application in force in England as of January 1, 1900.

The current general law of Anglophone Cameroon comprises:
- Received extraneous basic law;
- Enactments by the English Colonial Legislative Authority; and
- Enactments by the national legislative authority since independence;
- International treaties.

B- The Civil Law System

The French Civil Law was inspired by the Roman Law of old. It has certain special marks which make it stand out as a system of law in its own right.

One, the French Civil Law procedure is inquisitorial and is essentially written.

Two, in the French Civil Law the rule of law is elaborated by legal scholars and not judges.

Three, the French Civil Law has evolved as an essentially private law, i.e., as a means of regulating private relationships between individual citizens.

Four, the legal rule is much more abstract than in Common Law.

Five, and finally, all Civil Law jurisdictions have adopted the legal technique of codification. French law stands out as the prototype of the Civil Law system of laws because the Napoleonic codes have served as model codes for other countries.

The current general law of Francophone Cameroon comprises:
- The received French Civil Law;
- Enactments by the French Colonial Legislative Authority; and
- Enactments by the national legislative authority since independence;
- International treaties.

The translocation of the Common Law and the Civil Law to Cameroon earlier last century has created differences between the legal traditions of England and France where they originated and that of Cameroon into which they were imported. Today, modern Cameroon municipal law is a hybrid, indeed a modified version of the received laws, peculiarly adapted to its Cameroon environment. Moreover, it is, also a novel blend of local and imported laws and international treaties, harmonised and integrated together. In other words, we are witnessing the emergence of a new species of Common plus Civil Law, a specifically Cameroonian Common / Civil law defined, fortified and elaborated by local legislation and decisions of Cameroonian courts.

C- Customary Law

This is where we cut in at once to say that, to say that Cameroon is a bijural system is a misnomer. So because, Customary Law is both a source and a form of law in Cameroon.

The Customary courts ordinance cap 142 of 1948 applicable to Anglophone Cameroon defines customary law as "the native law and custom prevailing in the area of the jurisdiction of the court so far as it is not repugnant to natural justice, equity and good conscience, nor incompatible either directly or by natural implication with the written law for the time being in force". The Southern Cameroons High Court Law of 1955 directs the High Court (and, a fortiori, inferior courts) to observe and enforce the observance of customary law. The interpretation section of this law provides that "native law and custom" includes "Moslem Law". The orders of 26 May 1934 and 11 January 1936 codified the customary law on non-Moslem marriages in Francophone Cameroon. For Moslem marriages, see the order of 26 December 1922. Therefore, customary law today comprises Islamic law and those native laws and customs "which are not repugnant … and not incompatible …"

However, that Cameroon is a bijural system may yet stand for, the application of customary law in Cameroon is limited. Customary law governs only matters of personal status: customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities, subject to the provisions of the land decrees of 1974 and 1976. But it may be noted that traditional courts in the villages (i.e., non statutory courts) exercise jurisdiction over whatever matter, issue, cause or dispute arising in the village whether civil of criminal.

This is the Cameroon legal system defined in outline.

ABOUT THE AUTHOR: Feh Henry Baaboh, Esq.
Holder of an LLM in Business Law, Feh Henry Baaboh is Barrister and Solicitor of the Supreme Court of Cameroon. As Co-Founder of a prestigious law firm, Barrister Baaboh has earned international distinction as one of Cameroon's most up-to-the-minute Barristers. Barrister Baaboh is also author of: Administrative and Judicial Liquidation in Cameroon, Oil and Gas Regulations in Cameroon, Cameroon Investment Incentives and Guarantees, the Cameroon Legal Environment and Business Ventures, Ship Arrest in Cameroon. Being well versed with the legislations regulating business activities in the CEMAC sub-region and beyond to the countries where the OHADA Uniform Acts and the CIMA Code are applicable, Barrister Baaboh and the firm represent clients in several countries on five continents. His expert skills in English and French enable him to communicate complex concepts to the firm's clientele and to interpret French or English statutes with relative ease.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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