Before the sentencing of the Sisiku Ayuk Tabe Julius & Co, by the Military Tribunal of Yaounde on the 19/08/2019, there has been a call by the Common Wealth, the European Union the United States Senate, the African Union, political parties, the Ecclesiastics, International Non-Government Organizations, the non-governmental organisations within, for an inclusive dialogue to resolve the socio-political tension that has been mounting in the North West and South West Regions of Cameroon for close to three years since the initiation of legal and Educational reforms within the context of our linguistic and cultural diversity as enshrined in the preamble of the constitution of 18th January 1996, by Lawyers and Teachers.
Although Ayuk Tabe & Co were sentenced to life imprisonment and onerous sums to wit: 250 billion francs CFA as damages slammed against them, with cost of proceedings, amounting to 12.5 Billion francs CFA against them, to many observers: such a judgment seems a travesty of justice, and an abuse of the due process, a high handedness in delivering same, the speedy nature of the trial which took fifteen hours, with its outcome at 5.38am.
However, the law still gives room for such a judgment to be appealed within the statutory period of ten days to the Court of Appeal, following the hierarchy of the Court structure. Despite the fact that the case is Appealable, the President of the Republic as per section 7 of the constitution of 18th January 1996, with a spirit of magnanimity can apply same which has a compelling effect; “He shall exercise the right of clemency, after consultation with the Higher Judicial Council.”
THE EFFECTS OF A PARDON OR CLEMENCY
As ordained in the constitution, the President is vested with the powers to grant same, its proclamation may whittle down the tension rocking the North West and the South West Regions of the Country. It may go a long way to dissuade lockdowns, school boycotts which has been a trump card for the separatist fighters. The socio economic and political atmosphere may bounce back, thus, making the environment enabling for businessmen and even foreign investors in these parts of the country.
It may also pave the way for a frank and inclusive dialogue which has been the wish of most international bodies and the suffering population who are either displaced due to the effects of the unstable atmosphere. I see the judgment as a leeway for the resolution of the conflict rocking these Regions as the hatchet would be buried to foster peace again in a country which had never known turbulence. If pleasure is increased and pain diminished, then happiness would be extended. According to Jeremy Bentham (1748-1832), the test of utility was what served the happiness of the largest possible number, according to his slogan “The greatest happiness of the greatest number, and that would be the expectation of many”.
As the father of the Nation, The old adage goes thus “while holding a whip with the right hand, you should also use the left hand to bring the child closer”.
BARRISTER EYONG V. M. ESQ.
THE EXECUTIVE PRESIDENT: THE CENTRE FOR
LAW SENSITISATION AND THE RIGHTS OF MAN
(CELASRIMA). AFFILIATED TO THE NATIONAL COMMISSION OF HUMAN RIGHTS AND FREEDOMS.
P.O.BOX 515 KUMBA.
celas.rim@yahoo.com