In a formidable piece addressed to the judiciary, the Minister of State, Minister of Justice, Keeper of the Seals, Laurent Esso has admonished his collaborators to remain impartial, shun fear and pressure in exercising their duties, drawing their attention to the validity of the phenomenon of High Instructions! The editorial is timely and a must-read for all!
“As you are aware, the Judiciary is one of the pillars of the Rule of Law. Therefore, it is imperative that it should act with complete impartiality and should be impervious to any manner of interference”. This is a message voiced by the President of the Republic, President of the Higher Judicial Council, to the Justice Administration and litigants, in his traditional end-of-year speech on 31 December 2023.
As the sole constitutional guarantor of the independence of the Judiciary, His Excellency Paul BIYA reminded the entire justice chain of the Oath. Pursuant to the said oath, Justice shall be rendered impartially to all, in accordance with the laws, regulations and customs of the Cameroonian people, across the national territory, without fear, favour or rancour, but with dignity and loyalty.
Judicial and penitentiary personnel are recurrently, if not continually victims of imposture, interferences and intimidation, and face a daily struggle as they perform their duties. On the one hand, there are repeated interferences meant to violate their conscience and make them violate the laws, regulations and norms their oath mandates them to uphold. On the other hand, they strive with the desire to efficiently dispense justice in the name of the people of Cameroon, in the supreme interest of litigants, while upholding equity to which they are entitled and respecting the rights of parties.
Fear seems to have gripped everyone involved in justice administration, as personnel are subject to intense scrutiny from all angles. Fear of being thrust into the spotlight, in an environment marked by the dissemination of all sorts of information and images, which are often at odds with the reality of the functioning of judicial and penitentiary services. Fear of the numerous attempts at corruption, clientelism, false accusations and privacy violations they face on a daily basis as they discharge their duties. Fear, especially, of those who, although not involved in the functioning of the public service of justice and not belonging to its hierarchical structure, frequently wield sanctions or promise benefits and sometimes promotion in return for actions taken to their advantage and in line with their instructions.
At some point, favour comes into play. In this context, although judicial and penitentiary personnel work hard, effectively and efficiently to achieve commendable results on the field, they are pushed to the edge. The objective is to make them conform to the dictates of their critics and detractors, in whose name, ironically, justice should unfortunately be rendered. Nevertheless, thanks to their integrity, and their commitment to restoring the truth in fact and in law, while abiding by the legal framework governing their operations, personnel of the public service of justice remain firm in their convictions: rising to the challenges that confront them. This stance does not always earn them the sympathy of these very people who allow resentment to take root and grow within them. Under no circumstances should the resentment of lawless people thwart the administration of justice.
Once more, I call upon judicial and penitentiary personnel to further persevere in dignity and loyalty. Dignity of personnel that prides itself in serving the people of Cameroon and dispensing justice to litigants in all circumstances, with quality, speed, skill, selflessness and in serenity. Loyalty to the Rule of Law, an ideal pursued and achieved by the President of the Republic, who has taken every necessary measure to ensure the smooth functioning of the Judiciary.
I hereby reassure them, if need be, that under no circumstance will the President of the Higher Judicial Council request them to violate the law. His Excellency Paul BIYA cannot give them instructions that are contrary to the law; His Excellency Paul BIYA can only give them valid instructions, as on 31 December 2023.