Constitution review saga: Court suspends CBC elections billed for tomorrow!.

It should be noted that three Christians of the CBC; viz Luma Albert, Emi Emmanuel, and Taku Jacob had dragged the outgoing CBC Executive President, Rev Dr Nditemeh Charlemagne; and the outgoing Chairman, Yosimbom Mkong John, to court. 

The plaintiffs had urged the court to suspend the decentralised general elections, on the premise that the amendment of the constitution that had been done in 2023, did not follow due process. They had thus termed the constitutional amendment as “illegal,” arguing that it did not follow the process laid down by the Church.

After heated submissions and counter-submissions by the counsels for the plaintiffs and respondents, the court ruled in favour of the plaintiffs, suspending the elections. 

Meanwhile, it should be noted that it is the new constitution, which the plaintiffs term “null and void”, that gave the Church leadership power to slate the general elections for tomorrow November 23.

It should also be noted that the CBC general elections were decentralised at the time COVID-19 was at its peak. 

Following yesterday’s ruling, legal minds have been postulating that it means the general elections over the national territory will not hold as planned.

Fate of other cases pending in Bamenda

The case at the Mfoundi Court of First Instance, whose ruling was passed yesterday, is just one among others that have been filed against the CBC leadership, with others pending at the Mezam High Court in Bamenda.

Following yesterday’s ruling at the Mfoundi Court of First Instance, legal pundits are of the opinion that this may set the tone for the other cases in Bamenda, one of which judgment is expected to be passed today.

Credible sources within the CBC, who did not want to be named, told this reporter that yesterday’s ruling means the Church will have to go back to the 2014 constitution, and “if there is to be an amendment, the due process has to be followed”.

Our sources also noted that going by yesterday’s ruling, “all the appointments of pastors to various positions by the CBC Executive President, using the new constitution, are invalid. This means all planned installations of these pastors and all those appointed, as per the amended constitution of 2023, have been suspended”.

Mandate of Executive President, Chairman expires today

In the meantime, the ruling in Yaounde yesterday comes as the mandates of the CBC Executive President and that of the Chairman expire today.

With the expiration of their mandates, we gathered from sources within the CBC, the Executive President, Rev Dr Nditemeh Charlemagne, will continue heading the Church until a General Council meets to decide if he continues or not. In the absence of that, we also gathered, an Extra-Ordinary General Session, to be attended by delegates from all the Churches, will have to hold to decide if the Executive President and his Chairman continue to stay in office or give way to an interim body.

As far as the length of the mandates of the Executive President and Chairman are concerned, the 2014 constitution of the CBC stipulates a four-year mandate renewable once, while the contentious 2023 constitution stipulats a five-year mandate renewable once.

Flashback on CBC constitutional amendment saga

It should be recalled that the CBC constitutional amendment saga began as far back as May 2023, when the CBC Legal Advisory Committee Chair, Justice Wanki Richard; the Executive President of CBC, Rev Dr Nditemeh Charlemagne; the Senior Pastor of Menda Baptist Church, Rev Ambola David; and Barrister Fet Sama Aloysius, Church Chairman, had traded accusations and counter accusations over the legality of the constitutional review process.

While Justice Wanki and Rev Ambola David had accused the Executive President of “gross illegality” in the constitutional review process, the Executive President had fired back at them, countering that his accusers were “not acting in sincerity and the good of the church”.

In a letter dated March 27, 2023, and addressed to the CBC General Council, through the Executive President, a copy of which The Guardian Post had seen, Justice Wanki Richard had decried what he termed “the consistent and persistent subversion and violation of the rules laid down in the CBC constitution and by-laws to start and complete the process of amending the CBC constitution and by-laws”.

The Senior Pastor of Menda Baptist Church, Rev. Ambola David; and Barrister Fet Sama Aloysius, Church Chairman, in a letter dated March 16, 2023 titled: ‘Response to Cameroon Baptist Convention (CBC) constitution revised and adopted Bamenda June…2023’ and Cameroon Baptist Convention (CBC) By- Laws adopted Bamenda June…2023’, had also faulted the procedures in amending the constitution of the church.

In the midst of the bickering, we had gathered that the issue is said to have been taken to the Senior Divisional Officer of Mezam, in the North West Region. It however, ended in a deadlock as both parties failed to agree. 

After having done all to resolve the matter within the Church, the former Prime Minister and Head of Government, Philemon Yang, himself a senior faithful of the CBC, was brought in to broker peace. 

Yang is said to have invited the belligerents to Yaounde for a meeting. The meeting is said to have been attended by Rev Ambola David, Lead Pastor of the Menda Baptist Church in Nkwen; Rev Ncham Godwill, former Executive President of the CBC; Rev Dr Nditemeh Charlemagne, among others.

It would appear there no compromise was arrived at the meeting in Yaounde. Philemon Yang is said to have sent the belligerents back to Bamenda, telling them to resolve the matter within the Church and make sure it did not go to the courts.

However, the CBC Executive President was later dragged to court.

The CBC Executive President had, sometimes later, gone ahead to excommunicate from the Church, Christians who had dragged him to court. 

The eviction by Rev Dr Nditemeh was contained in Decision N° CBC/EP/NCM-LCMI028/2024, dated June 15, 2024, a copy of which The Guardian Post is keeping. 

In the decision, titled: “Concerning the membership of Taku Jacob, Luma Albert and Emi Emmanuel; throughout the Cameroon Baptist Convention”, Rev Dr Nditemeh ordered that: “With effect from the date of signature of this decision, Taku Jacob, Luma Albert and Emi Emmanuel's church membership is respectively forfeited, throughout the Cameroon Baptist Convention. No local church of the CBC shall admit any of them for whatsoever reason or purpose”.

“All CBC local churches, Men's Fellowship and Field Pastors are charged (each within their respective jurisdiction) with the immediate implementation of this decision,” he further stated.

This came after he had also on April 17, 2024, prohibited Tansah Jones Ndzi and Luma Albert; respectively of First Baptist Church Ndu and Bethany Baptist Church Buea, from taking part in any leadership positions throughout the CBC.

This article was first published in The Guardian Post Edition No:3298 of Friday November 22, 2024