Electoral Litigation: Faces Maurice Kamto, the Constitutional Council breaks down and indexes Paul Biya
It was a real twist on Tuesday, October 16, 2018, at the opening of the examination of the electoral disputes by the Constitutional Council, regularity judge of elections in Cameroon, where despite the deployment of common sense and incontestable arguments by the candidate Maurice Kamto and his Council, the highest judicial institution of Cameroon rejected his request for disqualification of some of its members.
The lawyers constituting the defense pool of Maurice had however taken care to present to the President Clément Atangana and to the Honorable Members of the Court, the legal arguments appealing for the disqualification of the members of the Council concerned: stating that their political affiliation marked by the high responsibilities assumed by some within the ruling party CPDM, whose leader, the outgoing president of the Republic, was a candidate for the October 7, 2018 disputed presidential elections, given that one of them even took side last May with an open call for people to vote for Paul Biya who was not even a candidate, the fact that he is also Chairman of the Board of Directors of a state company and President of the Court of First Instance of the Francophonie, not to mention the Honorable President of the Council itself, still practicing the profession of lawyer and husband of a deputy elected under the colors of the party in power.
Any situation that violates certain relevant provisions of the 2004 Act instituting the Constitutional Council, in particular, those prohibiting members of the Board from carrying out any activity or mandate likely to undermine their independence or even their dignity.
Despite all this exhaustion of energy, the Constitutional Council, which had however been requested by the applicants’ lawyers to take its responsibility as judge on the merits of the alleged facts, kicked in with a unanimous rejection of the request for the revocation of its members implicated for incompatibility, while the facts were obvious and burst their eyes. Counsel will argue that the candidate Maurice Kamto did not have standing to make this request. According to the Honorable President Clement Atangana, only the authority that appointed the members of the council can dismiss them. That is to say, the President of the Republic, candidate of the CPDM in the presidential election in question. A candidate whose giant portrait overhung the wall of the room of the Constitutional Council sitting for the occurrence in matter of electoral disputes.
At the end of this first part of the examination concerning Maurice Kamto’s challenge application, it was like going round in circles.
In the opinion of many people who attended this hearing, it would have been damn annoying were the pleas of the lawyers of Maurice Kamto, and later, the lawyer Cabral candidate Libii Li Ngué Ngué whose cause was still heard at the time we put this story together.
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