Common Law Lawyers to resume work on May 2
By Elah Geoffrey Mbongale
Lawyers of the Common Law extraction in the North West and South West regions of Cameroon on May 2, 2017, regain the courts thereby ending their almost seven month-long grounding of judicial proceedings in the two Anglophone regions of the country. The decision was arrived at following a conclave that held in Buea on Saturday, April 8, 2017, that brought together some 20 senior lawyers from the North West and South West.
The Buea conclave was organized by the president of the Bar Council, Me. Jackson Ngnie Kamga after two prior meetings he held with South West lawyers and North West lawyers in Buea and Bamenda respectively where lawyers expressed the need for a conclave of lawyers from both regions to arrive at a consensus decision regarding the future of the strike.
Speaking to Batonnier Jackson Ngnie Kamga on the sidelines of the Buea conclave, he revealed that for the past five months, the Bar Council has been working to look for solutions to the grievances presented by Anglophone lawyers relating to the erosion of the common law legal system. He said it was important that the Bar Council, made up of 50 members, to go to the field and talk with the parties concerned, reason why they held a meeting with lawyers in Buea and Bamenda to evaluate the situation and try to look for a way forward.
Ngnie Kamga revealed that, at the first meeting in Buea between the Bar Council and Southwest lawyers it was resolved that another meeting should be held with North West lawyers. The Bamenda meeting with North West lawyers also resolved and stressed the need for a conclave of lawyers from both regions, the Bar council president added, reason why a conclave was held in Bamenda two weeks ago followed by another conclave in Buea over the weekend which resulted to the decision for lawyers to resume work by May 2.
Batonnier Kamga announced that: “At the conclave in Buea made up of lawyers from the North West and South West regions, my colleagues have decided to resume work…they came to this decision because of what the government announced recently. My colleagues have acknowledged what they government has announced and have also decided to reciprocate with some measure of good faith.”
Ngnie Kamga furthered that as a show of good faith by the Common Law Lawyers, they have decided to resume work on May 2, to pacify the situation on the ground and give room for the implementation of the measures recently announced by the Minister of Justice and Keeper of the Seal, Laurent Esso, which include amongst others; the creation of a Common Law bench at the Supreme Court, the creation of a Common Law section at the National school of Administration and Magistracy, ENAM, the redeployment of legal and judicial officers to regions according to their language of proficiency etc.
According to the Bar Council president, the Buea conclave equally mandated the Bar Council and its president to ensure the effective implementation of the aforementioned ministerial decisions and the release of their colleagues who have been arrested and are now in detention in Yaounde.
Quizzed whether the eventual resumption of work by lawyers is preconditioned on the release of the detained Anglophones and the restoration of internet in the English speaking parts of the country, the Batonnier answered in the negative. He stressed that the decision was arrived at due to the concessions made by government through the minister of Justice which were, in the face place, the original grievances advanced by Common Law lawyers to the Ad hoc committee in charge of addressing Common Law lawyers’ grievances. He however pledged to fight hard for the release of Barrister Nkongho Felix Agbor Balla and other colleagues who were arrested. He equally promised to press on the issue of internet restoration in the North West and South West regions.
“I had earlier informed my colleagues of the Common Law extraction that, it is not easy for me to negotiate in Yaounde while the situation still remained the same in the field…in a negotiation process, both parties have to show good faith. The government have shown good faith and the lawyers had to reciprocate. It will now be very easy for meeting to negotiate with government and press on the concrete implementation of the decisions announced and the release of my colleagues from detention.” He added.
Asked if his negotiation for the release of lawyers will extend to other Anglophones arrested during the ongoing unrest, the Bar Council president announced that on Friday, April 7, there was a consolidation of all cases relating to the Anglophone crisis and there is no way one can ask for the release of the lawyers without asking for the release of all.
“As the president of the Bar Council, I will start with the case of my colleagues, knowing that if they are released, they others will automatically be released also.”
Asked if the lawyers at the conclave had the mandate of their colleagues to ensure the eventual respect of the May 2 resumption, the Bar Council president said “I have not summoned a general or regional assembly of North West and South West lawyers, I understand the importance my colleagues of the Common Law attach to seniority and that is why I summoned very senior colleagues to advise me on the way forward and they all told me they want to resume work. The Bar Council will now meet to acknowledge what the very senior colleagues from the North West and South West have said and I am sure that their decision will not be contested by other colleagues.
“There is also the issue of recommendation; where it was agreed during the two meetings that held in Buea and Bamenda that ten lawyers from the each region should meet in a conclave. Senior lawyers from both regions were selected to represent their regions at the conclave and they arrived at the decision.”
Some lawyers The SUN spoke to express optimism with the decision arrived at but warned that, according to another resolution arrived at, lawyers will resume work on May 2 but will resume the strike on July 31 should the government fail to live up to its promises. However, some other lawyers have sounded their disappointment at the decision to resume work without the release of their colleagues being a precondition.
It is worth mentioning the four presidents of the lawyers’ associations who initially called the strike were absent from the conclaves. The president of the Fako Lawyers Association,FAKLA, Barrister Nkongho Felix Agbor was arrested last January 17 and is still being detained. Barrister Eyambe Elias and Barrister Bobga Harmony of the Meme Lawyers Association, MELA and the North West Lawyers Association, NOWELA respectively have fled the country for fear of being arrested while the whereabouts of the president of the Manyu Lawyers Association is unclear.
It is positive move
To be objective, the recent reforms are a positive step towards solving the Anglophone problem in general and the issues pushed by Anglophone lawyers in particular. Though they are belated; coming at a time when a lot has happened, like the arrest and detention of some of our colleagues, but it is better late than never. They lawyers have however asked the Government fulfilled some conditions before we go back to work. These include; the release of those arrested and restoration of the internet. If the Government has gone this far in solving the issues plaguing the nation, I think they can go as far as granting clemency to those arrested. I am certain that this will go a long way to balance the atmosphere. I am really disturbed to have stayed out of the courts, where I belong, for over six months now. However, it would not make sufficient sense if we go back to court while our colleagues are lamenting in Yaoundé. In my opinion, the Government has done a lot already. Why not bend a little further by fulfilling these very light demands so that we can go back and work with conscientious physical and emotional convenience?
-Barrister Arrey Collins, legal practitioner and notary
It is the first step to arriving what we are asking
I have read extensively the statement made by the Minister of Justice, Keeper of the Seal. I think the Government is trying to address some of the issues. Nonetheless, the communiqué from the minister is at the prelude of fulfilling the demands of the lawyers. I think that if the Government shows good faith, by the next parliamentary session it would come up with the reforms which we are asking. It all boils down to trust; whether we are going to trust what they are saying or not. The ball is now in their court. Government should be able to assure us that what they are saying is what they are going to do. We are therefore hoping that since we have been down for about six months now, Government needs to understand that they cannot make such important declarations and abandon them on the way.
-Barrister Ebah Ntoko Justice, Cameroon Bar Council member
Government is moving at a snail pace
I was fortunate to be a member of the Adhoc committee set up by the Prime Minister to look into the grievances of the lawyers. At the end of the deliberations; we arrived at five resolutions, one of which was the creation of a common law bench at the Supreme Court. The Minister of Justice has informed us that he has received instructions from the Head of State to make a draft bill on how to amend the law on judicial organisations so that the common law bench can be effective. We believe very strongly that if all the five points are fully implemented, the problems of the common law lawyers shall be solved. Unfortunately, the Government is moving at a snail pace because it has taken it six months to arrive at what appears to be a solution. We are therefore urging the Government to move fast in implementing the remaining four points of the resolutions, particularly that of the deployment of civil law trained magistrates from the common law regions.
-Barrister Henry Ngale Monono, Barrister at law and member of the ad hoc committee
They are mare proposals not reforms
To me the reforms were not announced rather, they were proposed for consideration and at this time, the minister would have come up with has been done rather than what still has to be done. It is always on paper but until it gets into action, it is never a reform. We are still leaving in the old system, working and operating under the old system on a daily basis. At this juncture nothing can be called a reform until it has sworn into action.
Barrister Michael Tamukong Valentine of the Liberty Law firm