By Atia Tilarious Azohnwi

Common Law Lawyers in Cameroon are at it again! This time again, they have addressed another memo to the Head of State, President Paul Biya in which they object the applicability of a Civil and Commercial Code within the Common Law jurisdiction of Cameroon.

The protest dated March 13, 2019 is signed by 101 Common Law Lawyers on behalf of their peers and dispatched by mail service to the following authorities: the President of the Republic of Cameroon, the President of the Senate, the Prime Minister and Head of Government, the Speaker of the National Assembly, the Minister of State in charge of Justice and Keeper of the Seals, the President of the National Commission for the Promotion of Bilingualism and Multiculturalism, the President of the Cameroon Bar Association, the British High Commissioner, the French Ambassador, the US Ambassador, and the Representative of the Commonwealth Secretariat.

The memo reads in part: “We the undersigned Common Law Lawyers of the Republic of Cameroon vehemently deprecate the ongoing attempt to force on the two (2) English Speaking regions of Cameroon a Civil and Commercial Code which is at variance and in violent opposition to the tenets of the Common Law legal system.”

The Anglophone lawyers say the promulgation of such a Code will lead to civil, social perturbations and a destruction of the Anglophone body fabric and heritage.

The lawyers wonder why the French-dominant government in Yaoundé is so bent on harmonising the Civil Law and Common Law even when the constitution provides for a bilingual, bi-cultural and bi-jural Cameroon.

In a tone that betrays the anger in their pen, the lawyers remind government that even their master, France, is yet to harmonise her laws.

Hear them:  “We do reiterate that the laws in France are not harmonized. The applicable laws in Monaco are not the same as the laws applied in mainland France. The laws in the United Kingdom are not harmonised. The Landlord/Tenant law for example in Scotland is not the same as in England and Wales or Northern Ireland. The laws in the United States of America are not harmonised. There is the death penalty for capital murder in some states and abolished in others. Similarly in Canada the laws are not harmonised and we can go on and on.”

The lawyers tell government that it is extremely difficult to harmonise the two legal systems of the Civil Law which obtains in the eight French-speaking regions and Common Law which is applicable in the two English-speaking regions of Cameroon.

One of the proponents of the protest averred that most of the laws harmonised thus far are civil law inspired, giving the impression that the state wants to completely erase Common Law. They cited the Penal Code, Land Tenure Ordinance, Labour Code and recently the Ohada treaty which Cameroon ratified as Civil Law dominated, with many of such harmonised laws begging for an English translation.

“We the Common Law Lawyers are vehemently protesting against the promulgation and applicability of the proposed Civil Law inspired Civil and Commercial Code, in the two English-speaking regions of Cameroon where the Common Law is applicable,” the memo states in part.

They draw the attention of the Head of State to the “Common Law Lawyers Memorandum at Bamenda dated 15^th of May 2015”, which was served on the government decrying the persistent erosion and annihilation of the Common Law legal system.

Common Law Lawyers in Cameroon went on strike in October 2016 to protest government’s attempts to annihilate the Common Law practice in a constitutionally bilingual and bi-jural Cameroon. The strike came as a result of Government’s intransigence to the several complaints made by the lawyers of English descent.  From Bamenda in May 2015 to Buea in February 2016 an then Kumba on January 13, 2017, the lawyers expressed their grievances. But many say government has only taken cosmetic measures leading to a degeneration of a legit presentation of concerns to an armed conflict that is shaking the very fabric of the nation.

“Instead of translating the laws as requested, they went ahead to translate obsolete versions of the OHADA law,” a lawyer quipped.

They recommend that government should desist from causing the proposed Civil and Commercial Code from being applied in the North West and South West Regions. They urge President Biya to respond to their protest within a reasonable delay upon acknowledgment. It remains unclear whether the previous memo dated May 15, 2015 ever reached the President given that he had never publicly acknowledged receipt.

The March 13, 2019 memo bears 101 signatures (with more expected to sign) among them those of: Barristers Samuel Elad, Marian Ngunjo Shalo Weledji, Eta-Besong Junior, PM Tumnde, Henry Ngale Monono, Ebah  Ntoko Justice, Tangunyi Gilbert, Tanyi Thompson Ashu, and Ndi John Ndam.

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Hon. FOBI NCHINDA Simon, SDF Member of Parliament for Bamenda/Bali has in a press release dated March 12, 2019 distanced himself from the declarations made by the eldest Member of Cameroon’s National Assembly as he formally opened the 2019 legislative year.

“…I, FOBI NCHINDA Simon, SDF Member of Parliament for Bamenda/Bali strongly dissociate myself from the positions taken by the Eldest Member of the National Assembly [Hon. Enow Tanjong] in his opening speech,” the press release read.

Hon. Fobi regretted that, in his opening speech, the Eldest Member limited the atrocities carried out on the Anglophone people, to the burning of the Kumba District Hospital.

His words: “…he even refused to ask the question whether the arsonists were government soldiers or separatists, a question whose answer can only come  from an independent investigation.

“In his concentration on the sad events of the Kumba District Hospital, he forgot (or deliberately left out) the other atrocities being committed by both belligerents throughout the Northwest and Southwest Regions, such as:

“The thousands of civilians (estimates exceed 10,000) dead and the hundreds of soldiers killed.

“A generation of Anglophones with a significantly reduced male population between the ages of 13years and 35years because they have been victims of targeted killings by the army.

“The sorry state of our hospitals and health centers because doctors and nurses (those who are alive) are afraid for their lives; women dying in the process of giving birth in the bushes under inhuman conditions.

“Refugees are in their thousands and internally displaced persons in their hundreds of thousands trying to eke out a living under the most inhuman conditions.

“Schools and universities shut down and the future of our children jeopardized and in total uncertainty.

“Total insecurity both from secessionists’ and from the soldiers with indiscriminate shootings, burnings, lootings, rapes as the order of the day.”

Hon. Fobi wondered why Hon. Enow Tanjong would fail to present the urgency for humanitarian intervention to the situation in the North West and South West regions.

“In the light of the above, the Eldest Member has failed to draw sufficient attention to the urgency for Humanitarian Intervention to stop the bloodbath and reinstate minimum conditions for human existence,” Hon. Fobi said, adding that, “the Eldest Member should, in addition, have called on the International Community not only to be witnesses to the atrocities but also to urgently put in place mechanisms for an immediate ceasefire and an inclusive dialogue.”

The Eldest Member, Hon. Fobi said, has failed in his responsibilities by not calling on all belligerent parties to install an immediate and unconditional ceasefire as well as begin inclusive dialogue.

“I FOBI NCHINDA Simon, SDF Member of Parliament for Bamenda/Bali, therefore: Distance myself from the position of the Eldest Member; Call the attention of the National and International Community to the grave genocide in progress in the North west and Southwest Regions; Call on the belligerent parties to proceed to an immediate ceasefire and inclusive dialogue; and Call on the International Community to facilitate the necessary Ceasefire and dialogue,” the press release ends.

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Fighting between Cameroon’s regular army and Anglophone independence fighters has left so many civilians trapped in the conflict. As events unfold, tensions are mounting as the two parties battle for legitimacy. This has led to a mass exodus from the conflict-hit regions to safer cities mostly Douala, Bafoussam and Yaounde.

The situation has remained stiff as both parties show strength, forcing the population to a dilemma as they no longer know what to believe anymore. The government is still to call for the much talked about dialogue that is highly awaited to put an end to the long lasting rift.

It was in late 2016 that Common Law Lawyers took to the streets a peaceful strike action against perceived attempts by the government to annihilate Common Law heritage in a constitutionally bilingual, bicultural and bi-jural Cameroon. Teachers in the country’s North West and South West Regions joined the lawyer’s peaceful strike same period, to also protest what they said were attempts to dilute the Anglo-Saxon educational system in favor of a French system. But the government in an attempt to stop these strike actions instead beat, maimed, arrested and shot at unarmed lawyers and teachers.

Since then, matters have gone worst, especially after the arrest of Barrister Agbor Nkongho, Dr. Fontem Neba and others considered to be moderates at the time. The events soon slipped into the hands of activists in the diaspora who have since shifted from talking to endorsing an armed rebellion to restore what they say is their independence and statehood.

It is in the same like that Sisiku Ayuk Tabe and other leaders of the pro-independence front otherwise seen as activists were arrested on January 5, 2018 in Abuja-Nigeria and illegally extradited to Cameroon. The search for many other activists has been on. The likes of Eric Tataw, Tapang Ivo, Mark Bareta, Chris Anu, Ayaba Cho Lucas and lots more have been declared wanted by government.

Members of the banned Southern Cameroons National Council (SCNC) that has long advocated for the force of argument to get Cameroon’s North West and South West into an independent state are also facing the law.

The story of Vincent Njikang Ngoe, a member of the outlawed SCNC who was among those who fell in the security dragnet in April 2018 in Limbe, has been revealed. He was among the many who have been clamouring for the restoration of the independence of the North West and South West Regions of Cameroon otherwise referred to as Southern Cameroons or Ambazonia.

Our investigations revealed that Vincent Njikang Ngoe who came from abroad last April 2018 to bury his grandfather was napped. He is said to have escaped detention under unclear circumstances, as mentioned by the security forces, and his whereabouts is still unknown. His family home in Limbe and Nyasosso has since been raided, and that of Nyasosso is reported to have been burnt down with his uncle, Kome Pius trapped inside and burnt alive. His parents have since escaped for safety. Barely few weeks after his uncle was burnt alive in Nyasosso, Vincent lost another member of his family last Monday 11^th and reports are still unclear as to the cause of his sudden dead. But rumours are directed to the non-disclosure of Vincent’s whereabouts. These and many others are cases of people who may never be seen again as the conflict in the restive regions persists.

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Born some 59 years ago, Motanga Andrew Monjimba, hails from Mokundange, village, in Limbe II Subdivision. The family man and father of several children is President of Fako IA CPDM Section and Government Delegate to the Limbe City Council.

The sagacity, so far, displayed by this CPDM apologist in the political terrain has left many people – from all walks of life, either in a pensive or cheerful mood.

Motanga’s political forward-march towards the sky- from a simple CPDM militant, to CPDM Fako I Section President from 2002, to Section President of Fako IA in 2015 following a split of Fako I (Limbe) into three CPDM Sections, to pioneer Mayor of the Limbe II Council and now Government Delegate to the Limbe City Council for a decade leaves his critics speechless and confused .There is no doubt that, his political leap forward   is also attracting more admirers especially among the youth, who are tomorrow’s leaders.

It is no exaggeration to say that, Motanga is a household name in Cameroon’s political landscape. Like in the CPDM, members of other political parties [like the UPC President for South West and ex-Limbe SDF boss], across the national territory, see merit in his courage and sense of commitment.

Even in political circles, Motanga is seen as a man of few words but of very positive action

Through his towering achievements – whether as a local party leader or Government Delegate, as well as his silent-achieving nature and power of persuasion, he has won the hearts of many.

He has succeeded to make Limbe a CPDM bastion, politically banishing the opposition through his open-door policy and community outreach. He is one political figure who attends to the needs of the entire locality.

Even after achieving so much, Motanga is quiet and does not filibuster about his exploits – forcing many who know him to celebrate his unpredictability. This may well be part of the reason why the current socio-political crisis rocking the North West and South West Regions has had its effects mitigated in the town of friendship.

The shrewd political planner who abhors loquaciousness and boastfulness is said to have a fine mastery and control of the CPDM in Limbe. Though the Fako I section he led was split into three and he now heads only one fraction, his influence and aura covers the other sections.

Many who see in him a fatherly figure also say he is a unifying factor and rallying force. He believes in victory, is determined and focused, most of the times, on goals, and not people, as his guiding principles.

It is apparently for this reason and more that he has earned several recognitions among them the titles of ‘Ekoka Moto’, ‘Ndum Nneh Akaseng’, and ‘Tchamgal’.

His efforts in building a better Limbe for all got him the ‘Ekoka Moto’ title from the custodians of the Bakweri Culture and Tradition. Limbe Chiefs grouped under the banner of the Limbe Chiefs’ Conference on February 13, 2016 conferred on Motanga the most coveted ‘Ekoka Moto’ title.

It was on May 12, 2018 that Manyu kingmakers and elements of the Manyu community in Limbe decorated Limbe’s go-getter with the‘Ndum Nneh Akaseng’ title. For, as they put it, he is a father who does not discriminate.

While on a working visit to Ngaoundere in 2017, the Lamido of Ngaoundere, Hamadou Hayatou Issa raised Motanga to the class of notables when he decorated him with the ‘Tchamgal’ title.

This career administrator-cum politician, who holds several certificates and professional diplomas, had before worked dutifully in several capacities. Before his appointment, Motanga served as the South West Regional Chief of Land Transport and the pioneer Mayor of the Limbe II Council.

But Motanga, his friends have testified, developed such soft spot for party politics and fell for the ruling CPDM.

He remains a pace-setter, championing the Limbe Festival of Arts and Culture with his brain child, the multi-billion futuristic Limbe Left Bank Maritime Project among the ways he seeks to give back to a town that has done him well.

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First of all, let me say that this is straight forward process in Nigeria. That if you are arrested arbitrarily and your rights are violated, the court naturally will rule in your favour. It is based on the principle of substantial justice. They don’t look for technicalities. They look at the rights which are fundamental – inalienable rights which make you a human being. The court verdict also reveals that there was no basis to arrest them. The judge said there is no evidence to show that they had violated any law of the country. And that even in the process of arresting them, there was no arrest warrant.

What do you make of the allegation that they were arrested on the basis that they had a training camp in Taraba state? They claimed to have established a link between the Nera 10 and the training camp in Taraba state, reason why they were arrested.

There was no military training camp. Nobody has alleged that there was a military training camp. No evidence was adduced that there was a military training camp. Even in the course of their interrogation by the Nigerian military, they were never asked any question about a training camp. I have had the opportunity of meeting them in Yaoundé. There was no allegation at all that there was a training camp. If there was such allegation, I’m sure the Attorney General would have raised it. The Attorney General simply said the court had no jurisdiction to hear the case and that there was no basis for the action because they did not have any contact with those arrested. The court said no! It said on issues that have to do with Human Rights, you’re your brother’s keeper, to put it in a layman’s language; that even you as a citizen can file an action whether you have the consent of the victim or not. You can file an action to seek redress, to uphold justice. There was no evidence in this case to show that they had done anything to violate their status as refugees in Nigeria.

But now that you have won that victory, the law court in Nigeria seemingly is more independent. How will you now enforce the ruling? Will they be brought back from Cameroon to Nigeria?

Well! Eh! For me, the ruling was straightforward. First of all, the court held that their rights were violated. And that by denying them access to their lawyers, they also breached the due process of law. And that holding them in detention was a cruel, inhuman and degrading form of punishment. It was on the basis of that that the court held that they should be paid five million naira each as compensation for illegal detention. With regards to the deportation, the court also held that their fundamental rights were violated because all the international instruments Nigeria and Cameroon are party to were violated. Based on our prayers, the court held that they should be repatriated back to Nigeria. And on account on such a violation, they should each be paid 200,000 naira (less than a thousand dollar) compensation. They were 52 in all. They were arrested in a football field. Many of them were picked randomly by the police. There was no training camp. They were refugees. Some of them were playing football when they were arrested. There were three other people arrested with them who are Nigerians. They were arrested in Gembu and brought to Abuja. I took the three Nigerians out on bail. After deporting the rest, they left them behind – Nalowa, Ojong, one Mrs Winifred Augustine, Nasi Uba and Thankgod Gensis. They were now transferred to the police. When they were transferred to the police, the police contacted me to say they had those people in custody. I went to the police and asked for bail. The police further investigated their citizenship and concluded that they were Nigerians. So, they were released. That Mrs Augustine was arrested because some of those refugees lived with her. They were now released on bail. When I now went to Cameroon to investigate what happened to them, because nobody could ascertain conclusively where they were. I got to know that those who arrested in Gembu were being flogged every evening for two weeks. I got to know this information during the trial. And also, because of that, I think the judge did the right thing by awarding them 200,000 naira as compensation for that traumatic experience.

Tell us if there is any woman there with a baby.

There was another group of people who were detained in Calabar. That lady you are talking about, I met her the other day in Yaoundé. She has been released but banned from leaving Yaoundé area. I also saw the baby that was detained with her. I met her husband who has now been arraigned before the military tribunal. Twelve of them were arrested in Calabar. Now, we have another action in court on their behalf – a similar action which is yet to be decided. It was filed by a lawyer from Calabar who is now working with us. The lady who owned the hotel where they were staying, her mother is Cameroonian. She was also detained. But after that, they were transferred to the SSS [State Security Service]. It was the SSS that now released two of them. Then the rest were deported to Cameroon. They are still in detention in Cameroon. Two of them or so were arraigned before the military tribunal when last I was there. We have about sixty persons from Nigerian deported to Cameroon.

How will you get that money to compensate them?

According to Nigerian law, if the state does not appeal or if that judgement is not set aside, they must pay. It is straightforward. I have been affected before. I was detained sometime in 1983 and the court ruled that I should be paid some money and I was paid. It happens all the time here in Nigeria, once the court rules that your rights have been violated and some compensation are awarded, the state pays. In this case, we are going to draw the attention of the attorney general to this judgement once we get certified true copies of the judgement. We will write to them, draw their attention to the judgement and ask for reinforcement of the ruling – to give effect to the judgement. Paying the compensation is part of give effect to it. The other one is to have them repatriated from Cameroon.

Is it possible?

Yeah! I believe Cameroon is a democracy, a state of law, a state government by laws, so is Nigeria. I believe it is an opportunity for the two countries to come together and remedy the situation the same way they agreed to commit the human rights violation.

These countries you consider democracies violated international law with impunity. How then do you think that there will be a reversal?

Well! A court has ruled that this action was a violation of international law they are both parties to. Even the preamble of Cameroon’s constitution says that international instruments are superior to local laws. The two governments will have to now come together and respect the judgement of the Federal High Court in Abuja. How they do it is their responsibility. They are tow states that have come together to violate the rights of citizens. They should also come together and correct the wrongs.

Do you think it is possible?

Why not? Why is it not possible?

You said they were having a meeting at Nera Hotel and they were arrested. Some people say they were betrayed by some Cameroonian. What have the detainees told you about what led to their arrest?

I have not asked any of them how they were arrested. I have not had the opportunity to ask them how they were arrested. They didn’t tell me of any betrayal. They only presented to me the agenda of their meeting, which was to discuss the issue of refugees in Nigeria and also to work with the Nigerian government to address the issue of the increasing number of refugees. Then, also, that before they could even have this meeting, they were arrested. Sisiku Ayuk Tabe told me how the Cameroonian security officers squeezed the handcuffs to the extent that his hand was bleeding. He was tortured by security forces. That is the evidence we had. And then, the people arrested in Gembu were also being beaten at SED in Yaoundé. There is no evidence that they were betrayed, you know, Cameroon has a military attaché in Nigeria. And it is possible they had been monitoring their activities. Definitely, Cameroon should have spies in Nigeria and I would be surprised if Nigeria doesn’t have spies in Cameroon. There must be British spies, American spies and French spies in Nigeria. It is normal for countries to have spies in other countries. Some of them disguise as diplomats or military, police or immigration attachés.

Did Sisiku not talk to you about any names?

No! I know what you are talking about. There were insinuations here and there about the role played by Nalowa and Milan Atam. From what I can see, Nalowa Bih was pregnant when she was arrested. And she had a miscarriage while she was in detention. Why would you go through all that to betray your colleagues? Concerning Milan, I saw him a day after these arrests. Milan was trying to check in when he was alerted that his colleagues had just been arrested. After I was briefed, they called me the next day and I met him in Abuja at the shopping mall. He now explained to me what happened, how his flight was delayed in Lagos and how he arrived late. He would have arrived right on time to be arrested with the others.

Some people say until there is the issuance of a certificate of non-appeal, only then can you be confident.

It is not true. That is not the way our laws are done; as at today, the judgement is as pronounced by the court. Even if they file a notice of appeal, it does not amount to a stay of execution. Until it is overturned by a superior court, the judgement stays.

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By Atia Tilarious Azohnwi

Tibor Peter Nagy Jr., the United States Assistant Secretary of State for African Affairs is contemplating taking the deepening crisis in Cameroon’s restive North West and South West Regions to an “international forum.”

Ambassador Nagy was speaking Tuesday, March 12, 2019 as he continued his tour of the African continent.

Top US Diplomat Suggests Taking Cameroon to Global Forum

The top United States diplomat to Africa says perhaps it’s time to take the deadly separatist crisis in Cameroon to an “international forum.”

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A visibly annoyed Tibor Nagy told reporters on Tuesday that “my heart breaks for Cameroon … I just don’t understand why this crisis goes on and on and on”, the Associated Press reported.

The U.S. assistant secretary of state for Africa however called for “open, unlimited national dialogue.”

Communication Minister and government spokesman in a strongly worded statement last week criticized Nagy’s earlier comments on the Anglophone crisis, accusing him of misunderstanding the situation and interfering in Cameroon’s internal affairs.

Common Law Lawyers in Cameroon went on strike in October 2016 to protest government’s attempts to annihilate the Common Law practice in a constitutionally bilingual and bi-jural Cameroon. The strike lasted for over a year.

Anglophone teachers in the country joined the strike on November 21, 2016 to uphold Anglo-Saxon values under threat in Cameroon’s two English-speaking regions. Same day, Mancho Bibixy staged a coffin revolution at Liberty Square in Bamenda to protest against the marginalisation and economic deprivation of Anglophones.

Matters came to a head on Thursday, December 8, 2016 when the population of Bamenda took to the streets to denounce the politicisation of a strike action they consider genuine and borne of longstanding grievances.

Days of ghost town have since been observed throughout the South West and North West Regions of the country.

The oldest member of Cameroon’s National Assembly, Hon Enow Tanjong in his speech yesterday called on the international community to show solidarity for Cameroon.

His words: “you who are the privileged witnesses of Cameroon’s efforts, may I, through you, appeal for the International Community’s solidarity, understanding and objectivity in the handling of the crisis in the North West and South West regions of Cameroon. It is no secret to everybody that the secessionists are committing violations of unparalleled magnitude; assassinations, arsons, forceful conscription of children, rape of young girls, abduction of school children and teachers etc.”

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Honourable Joshua Osih Nambangi has been elected as the candidate of the Social Democratic Front (SDF) for the upcoming Presidential Election.
He was elected Saturday, February 24, 2018 at an extraordinary convention to designate the party’s candidate for the upcoming Presidential polls.
He won 88.3 percent of the votes as against 11.61 percent for his lone challenger, Hon. Fobi Nchinda Simon.
Hon. Joseph Mbah Ndam threw in the towel at the last minute but did not pledge his support openly to any of the two remaining candidates.
In his acceptance speech, Hon. Osih promised as from tomorrow to start visiting all the 360 sub-divisions of the country to canvas for support.
Saturday’s Extra Ordinary Convention was preceded by the presentation of the new members of the SDF National Executive Committee who were elected Friday night on day two of the 9th Ordinary Elective Convention of the Party at the Bamenda Congress Hall.
Ni John Fru Ndi who pulled out of the presidential race was maintained as Chairman of the party while Hon. Joshua Osih succeeded himself as the party’s 1st Vice National Chairman, flawing Prof. Ndiva Kofele Kale.

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