Lawyer sues President Biya to implement asset declaration Law, convene Higher Judicial Council

By Ikome Christie-Noella Eposi in Buea

In a bold legal move that strikes at the core of governance and judicial integrity in Cameroon, Barrister Anyang Lewis Forchenallah has filed a lawsuit at the Fako High Court in Buea, seeking court orders to compel President Paul Biya to fully implement the asset declaration law and to convene the Higher Judicial Council.

The suit, filed on December 5, 2025, invokes the constitutional mandate of Article 66 of the 1996 Constitution, which requires high-ranking public officials including the President, Prime Minister, ministers, parliamentarians, and senior civil servants to declare their assets at the beginning and end of their tenure. The provision, designed as a cornerstone for transparency and anti-corruption efforts, has remained dormant for nearly three decades since the constitution came into force.

Barrister Anyang Lewis Forchenallah

In his affidavit, Barrister Anyang Lewis, a member of the Cameroon and Rwanda Bar Associations and Managing Partner of ANYANG LEWIS LAW FIRM, argued that “no human being is above the law,” including the President. He emphasised that the constitution is the supreme law of the land and its provisions must be implemented without delay. “It is almost three decades since the 1996 Constitution came into force, and unfortunately, the President has vehemently and with impunity decided to turn a blind eye to Article 66,” the affidavit states. The lawyer noted that while a law on asset declaration was enacted in 2006, the necessary implementing decree which would establish the commission to receive such declarations has never been issued, rendering the provision “a theory” and reflecting “insufficient political will to fight corruption.”

The lawsuit comes amid Cameroon’s persistent poor ranking in global corruption indices. The affidavit cites the 2024 Corruption Perception Index, which again listed Cameroon among the world’s most corrupt nations, and references reports from The Guardian Post highlighting international pressure, including from the International Monetary Fund, for the government to operationalize Article 66.

Judicial crisis: Higher Judicial Council in Limbo

The second major prayer in the suit addresses what the lawyer describes as a paralysis in Cameroon’s judiciary due to the failure to convene the Higher Judicial Council for over five years. The last session was held in August 2020.

The Higher Judicial Council is responsible for key judicial functions, including the posting, transfer, appointment, promotion, and discipline of magistrates. Its inactivity has created a backlog of critical judicial processes.

According to the affidavit, about 897 complaints against magistrates are pending, and many magistrates who should have retired remain in office because the council has not met to approve their retirement or appoint replacements. The situation has had particularly severe consequences in the South West Region, where the Administrative Court has been unable to function since one of its judges died in 2023. The vacancy has left innumerable land cases in limbo, causing “untold hardship and misery” to families awaiting justice. “The judiciary in Cameroon cannot function effectively when the Higher Judicial Council has not been convened for more than five years because it is the highest body that regulates the affairs of magistrates,” Barrister Anyang Lewis argued.

Calls for judicial intervention

The lawsuit requests the Fako High Court to issue an order of mandamus, a judicial command directing a government official to perform a mandatory duty against President Biya on both counts. The lawyer contends that it is the court’s “legal duty to without fear and favor” order the President to fulfill these constitutional and statutory obligations.

Legal observers note that the case tests the boundaries of judicial authority vis-à-vis the presidency in Cameroon’s political system. The outcome could set a significant precedent regarding the enforceability of constitutional provisions against the highest office.

Barrister Anyang Lewis concludes his affidavit by stating that the full implementation of Article 66 would significantly advance the fight against corruption and reduce embezzlement of state funds, while the convening of the Higher Judicial Council is essential for the proper administration of justice.

The case is expected to draw widespread attention from civil society, international transparency advocates, and citizens long frustrated by systemic governance challenges. The Fako High Court has yet to fix a date for the hearing of the motion.

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