At opening of Judicial Year: Supreme Court Chief Justice warns against preying on citizens.

He issued the warning in Yaounde, on Wednesday February 21. This was during a solemn ceremony to mark the opening of the 2024 Judicial Year.

Judges, who are vested with constitutional powers to render justice, Chief Justice Mekobe Sone said, must demonstrate independence, resist all forms of pressure and abide only by the law and their consciences.

During the solemn reopening, the Chief Justice delivered a presentation titled: “The role of justice in the consolidation of the rule of law in Cameroon”.

According to Mekobe Sone, justice has always generated particular attention from citizens, given that it is a public service. 

This, he said, has always resulted in the judiciary criticised rightly or wrongly.

He said despite efforts deployed to administer justice, the merits of justice as a regulatory organ in social life are repeatedly being questioned on a daily basis.

The Chief Justice mentioned the issue of the judiciary having been indicted as being an obstacle to business development in the country.

Rise in mob justice

According to the Supreme Court Chief Justice: “We are witnessing a rise of private justice and mob justice, where the law of Talion reigns: ‘an eye for an eye, a tooth for a tooth’, where "the jungle law reigns”.

Justice Mekobe Sone underlined that: “This is an unacceptable drift in the rule of law…”. He added that: “The criticisms labelled against judicial institutions are not entirely unfounded”.

He said even if it is true that litigants too severely appraise the judicial system, there are malfunctions of the judicial system, which are within the jurisdictions and judicial corps.

“Litigants do not believe in the objectivity of judges. They constantly question their impartiality and their independence. They assume that they are subject to different forms of pressure,” Justice Mekobe Sone said.

To him, they accuse examining judges of not sufficiently measuring the impact of depriving citizens of their liberty. 

“They invoke Section 218 (1) of the Criminal Procedure Code, which provides that: ‘Remand in custody shall be an exceptional measure, which shall not be ordered, except in the case of a misdemeanour or a felony…provided that a person with a known place of abode shall not be remanded in custody except in the case of a felony’,” he stated. 

Decries ‘judiciary debts recovery’ syndrome 

Judges of the Legal Department, he stated, are accused of very easily depriving citizens of their liberty, even in civil matters. 

“Some seem to have been transformed into agents of debts recovery,” he said, adding that: “We have to sadly note the role played by some judicial auxiliaries in the loss of confidence by citizens in judicial institutions”.

Court Registrars, he said, are the driving force within the courts but unfortunately some of them are often at the helm of judicial bottlenecks.

He also mentioned the key role the judicial police plays in the functioning of the judicial machine.

“If some judicial police officers are excellent in the practice of their jobs, there are also others who work in an unconscious manner and do not respect the fundamental rules governing temporary detention, interrogations, search, execution of warrants and court decisions,” he added. 

He also underlined that: “Several obstacles in the smooth functioning of justice are often linked to the inertia of some lawyers, disrespect of their sermons as well as the ethics of their profession”.

Redefining role of justice system

Justice Mekobe Sone stated that there is an urgent need to redefine the role of the justice system in compliance with the requirements of the rule of law.

“Our fellow citizens, economic operators, businesses, national and foreign investors are thirsty for justice,” he said, while tasking judges to “...strive to satisfy their expectations by restoring the fundamental principles that govern the legal profession”. 

He quoted President Biya in his address to the nation on December 31, 2023, as saying that: “As you rightly know, justice is one of the pillars of the rule of law. Therefore, it is essential to rule in total fairness and free from interference of any kind”.

The President of the Republic, he stated, through that outing, reiterated the need for an independent judiciary. 

“We must guarantee the right to justice and offer our citizens a reassuring image to regain their trust. All actors of the judicial sector should be aware of the frustrations of citizens and the upsurge of private justice,” the Chief Justice stated.

To the Supreme Court Chief Justice: “If we are not vigilant, poorly administered justice will distort the foundations of social balance and the society will crumble”.

Apart from the reflection of the Supreme Court Chief Justice, there was also a presentation by the Attorney General of the Supreme Court, Luc Ndjodo.

The event also had in attendance the Prime Minister, Head of Government, Chief Dr Jospeh Dion Ngute; the Minister of Justice and Keeper of the Seals, Laurent Esso; and other members of government.