Book exposes disparities in bail practices in Cameroon’s dual legal systems.

The publication was launched in Douala December 5. Senior legal minds and officials in the country’s judiciary sector, civil society and local authorities praised the author for the quality of knowledge and issues handled in the book.

The author through the publication, provided an unprecedented practice-based analysis of how bail is processed across the country’s Common Law and Civil Law courts. 

According to the author, the book investigates why bail continues to be applied unevenly across the country, despite the harmonisation of the Criminal Procedure Code, CPC and the Law on Judicial Organisation 

Statistics and field findings contained in the research, Dr Barrister Nkamwah said, show that suspects in the Common Law jurisdictions of the North West and South West Regions obtain bail more frequently and with more predictable procedures, while those in the Civil Law Regions face major obstacles. He cited challenges such as corruption, delays and discretionary abuses by police officers and magistrates.

Dr Barrister Nkamwah said his motivation to write the book stemmed from glaring contradictions between the law and daily practice.  

“Liberty is sacred. The law provides for bail, yet many Cameroonians do not benefit from this temporary freedom during criminal proceedings,” he explained, noting that: “I wanted to understand why a harmonised law is still applied differently, and why citizens continue to suffer unlawful detention in some regions”.

He stressed that the book is not only for lawyers and magistrates, but for every citizen, because “anyone can find themselves in conflict with the law, and many do not know their rights”.

The author reiterated that bail or provisional liberty, is a constitutional right aimed at preventing unnecessary deprivation of freedom. 

“Cameroonians must understand that liberty is not bought. The law is clear, and where the law is clear, justice should not be compromised,” Dr Barrister Nkamwah said.

‘Book unique, courageous & necessary’

In a keynote review of the book, renowned legal luminary and international peace crusader, Sir Dr Barrister Ntumfor Nico Halle, said the work of Dr Barrister Nkamwah is “unique, courageous and necessary”.

Ntumfor Barrister Nico Halle added that many Cameroonians continue to lose their freedom unlawfully because they do not know that they are entitled to bail.

“Liberty should not be stifled or distorted. Some people do not even know they can demand provisional liberty, or that the law obliges the State to justify why they are being detained. This book fills a critical gap,” he stared

Ntumfor Nico Halle also lamented what he said is a widespread “mindset problem” in which many believe freedom can only be bought or negotiated. He stressed that due process, not money is the backbone of criminal justice. 

He insisted that, there is need for everyone to have a copy of the book and for the minister of Justice to get hold of the fact that such a publication has hit the market. 

Ntumfor Barrister Nico Halle called for unity amongst Anglophones and congratulated the author for a timely publication.

Bar Council on mindset worsening disparities

Representing the Bar Association President for the Littoral at the event, Barrister Kontchou Gabriel said the disparities highlighted by the author are real and long-standing.

He noted that while bail is historically well-anchored in Common Law culture, the practice remains “distorted and poorly applied” in many Civil Law jurisdictions due to corruption, lack of training, and weak internalisation of the Criminal Procedure Code.

“People remain in detention for days or weeks without justification, simply because the culture of bail is not rooted in this side of the country,” he said, adding that: “This book brings the issue back to the centre of legal education and civic awareness.”

Barrister Ngoh Miyogogo Yolande, Bar Council member and chairlady of the occasion, said the book would significantly enrich the training of young lawyers, magistrates, law students and non-lawyers.

“Every new legal publication is valuable, but this one is essential because liberty is at the heart of justice,” she noted.

Other speakers said the book has been published at a time when many citizens out of fear, poverty, or lack of legal representation fail to speak out. 

This article was first published in The Guardian Post Edition No:3650 of Tuesday December 09, 2025