As Higher Judicial Council fails to meet in four years: Complaints against close to 900 magistrates blocked!.

Statutorily, the Higher Judicial Council is supposed to hold once a year, under the chairmanship of the Head of State, Paul Biya.

It is charged with sanctioning magistrates, promoting and appointing others to new responsibilities.

The last time the Higher Judicial Council met was on August 10, 2020. 

Since then, files related to the career of magistrates have not been attended to. 

In this light, the hundreds of complaints dropped at the Ministry of Justice against magistrates for alleged wrongdoing have not witnessed any definite progress.

Without the organ meeting in session, there is nothing anyone can do in sanctioning or establishing a magistrate’s innocence in cases of allegations of wrongdoing in the discharge of their duties.

Justice Minister details outstanding complaints

At the close of last month, the Minister of State, Minister of Justice and Keeper of the Seals, Laurent Esso, while appearing before the Foreign Affairs Committee of the Senate, revealed details relating to complaints against magistrates.

He had revealed that the General Directorate of Judicial Services in the Ministry of Justice has been seized to conduct findings against 897 magistrates, relating to allegations of corruption.

Minister Laurent Esso had answered present at the Senate to defend the bill on stateless persons when lawmakers inquired on the state of combating corruption within the judiciary.

The Minister of State had remarked that: “For a total of 1,784 magistrates, the General Inspectorate of Judicial Services has been seized to carry out 879 investigations”.

Without the concern of the Higher Judicial Council, even if such investigations are completed, there will be no definite ruling on the complaints. 

It is only the President of the Republic in session with other members of the Higher Judicial Council who can make a final pronouncement on such complaints. 

For now, such complaints and possibly the findings of the Inspectorate of Judicial Services would remain in the drawers of offices in the Ministry of Justice, pending when the Higher Judicial Council will meet. 

Biya on independence, credibility of justice system

When the Head of State, Paul Biya, last chaired the Higher Judicial Council meeting on August 10, 2020, he was clear on the need for magistrates to uphold independence to ensure the credibility of the country’s justice system.

As guarantor of the independence of the judiciary, the President of the Republic had told some new members of the council who took the vow that “the oath some of you are going to take should be a source of inspiration for you and commitment to the service of a credible justice system that is attached to its principles, endowed with competent personnel, and appreciated by our fellow citizens”. 

During that session, a disciplinary council was set up but did not receive any case of indiscipline.       

Judicial careers stuck 

With the Higher Judicial Council having failed to meet for close to four years, the careers of most magistrates have been stalled. 

Added to this, at least four successive batch of magistrates who have graduated from the National School of Administration and Magistracy, ENAM, are yet to fully begin work. 

It is the Higher Judicial Council that absorbs magistrates and posts them nationwide. Without the organ meeting in session, the young magistrates will continue to idle at home.

When the opposition Social Democratic Front, SDF, Member of Parliament, MP, Hon Djeumeni Benilde, quizzed the minister of justice on the delay, and its attendant consequences, the answer he got was momentary. This was on June 24 at the National Assembly.

The MP had asked: "Mr. Minister of State, according to the law, the Higher Judicial Council must meet in session once every year. There are at least five pending magistrates promotion in the country. So what's blocking the holding of the Higher Judicial Council?”

In what many have qualified as a smart and passive answer, the Minister of State, Minister of Justice, Laurent Esso, is reported to have simply told the MP: "I have taken note of your concern".

Members of Higher Judicial Council

The President of the Republic is the President of the Higher Judicial Council. The Minister of State, Minister of Justice and Keeper of the Seals, Laurent Esso, is the Vice President of the organ. 

Jean Fouman Akame is the Secretary while members are; Koa Luc, Pierre Laoussou, Albert Ekono Nna, Ngotty née Mekoulou Cunégonde, Isaac Manga Moukouri, Brigitte Mebande epse Abdoul Bagui and Fofung Justine Nabum epse Wacka.

The Higher Judicial Council was established through Law No. 82/14 of 26 November 1982 which detailed its organisation and functioning as amended by Law No. 89/16 of 28 July 1989.

On May 29, 2019, the President of the Republic appointed three members to replace others who had died. 

Among these were; Koa Luc, who was designated by the National Assembly. 

His appointment was in replacement of Eloundou Barnabé, then CPDM Member of Parliament, MP, from Lekie Division, who had died on October 28, 2018. 

Meanwhile, Ngotty née Mekoulou Cunégonde was designated as a substantive member by the Supreme Court, in place of Ateba Ombala Marc. Ateba had died on December 21, 2018. He was also President of the Audit Bench of the Supreme Court until his demise.

Still in that May 19, 2019, Presidential fiat, ex-Justice Minister, Amadou Ali, came in as alternate member in replacement of Dr. Hamadjoda Adjoudji, who had died on November 7, 2018. 

Ahmadou Ali also died on September 27, 2022, at the age of 79, meaning his position at the Higher Judicial Council is still vacant.

The story was first published in The Guardian Post issue No:3157 of Wednesday July 3, 2024