Lawyer sues Biya over Art. 66, non-convening of Higher Judicial Council!.

The lawyer is now praying the Fako High Court to order President Biya to fully implement Article 66 of the 1996 Constitution, relating to the Declaration of Assets. 

In his suit marked No: HCF, the Buea-based lawyer told the court that the President of the Republic is not above the law.

In the lengthy affidavit in support of the suit, the plaintiff averred that the 1996 Constitution is an enforceable law and all its provisions, including Article 66, are supposed to be implemented without any delay. 

Barrister Anyang, who is member of the East African Law Society and Managing Partner of Anyang Lewis Law Firm, regretted that almost three decades ever since the 1996 Constitution came into force, President Biya has vehemently and with impunity, decided to give a blind eye to the implementation of the said Article of the 1996 Constitution.

He quotes the Constitution as stating that: "The President of the Republic, the Prime Minister, Members of Government and persons ranking as such, the President and Members of the Bureau of the National Assembly, the President and Members of the Bureau of the Senate, Members of Parliament, Senators, all holders of an elective office, Secretaries-General of Ministries and Persons ranking as such, Directors of the Central Administration, General Managers of public and semi-public enterprises, Judicial and Legal Officers, administrative personnel in charge of the tax base, collection and handling of public funds, all managers of public votes and property, shall declare their assets and property at the beginning and at the end of their tenure in office”.

Crucial to fighting against corruption

Barrister Anyang, who is also member of the Cameroon and Rwanda Bar Associations, continued that “…the constitution of the Republic of Cameroon is the highest law in the land and its provisions are supposed to be implemented immediately and without any delay…the President of the Republic of Cameroon who is the number one citizen is supposed to be the number one person to respect and implement the constitution which is above all other laws in the country”.

The legal mind said it was unfortunate that President Biya has failed to implement Article 66 of the 1996 Constitution, in relation to the declaration of assets, considering the fact that he was the one who signed the said Constitution into law. 

Barrister Anyang told the Buea court that “… since the President of the Republic has failed in his duty to implement the provision of Article 66 of the 1996 constitution for close to three decades now, it is a legal duty of this honorable court to without fear and favor Order the President of the Republic of Cameroon to fully implement Article 66 of the 1996 constitution of Cameroon”.

He was categorical that the full implementation of Article 66 of the 1996 Constitution, shall go a very long way to fighting corruption in Cameroon.

Convening of Higher Judicial Council

Turning to another substance of his lawsuit, Barrister Anyang recalled that it is already more than five years since the last session of the Higher Judicial Council was held.

He was blunt that the judiciary in Cameroon cannot function effectively when the Higher Judicial Council has not been convened for more than five years, “because it is the highest body that regulates the affairs of magistrates”.

The lawyer said it was essential for the Higher Judicial Council to meet annually “because the council handles matters of posting, transfers, appointment, promotion, advancement, retirement and discipline of magistrates; all these have been blocked and have been pending for more than five years simply because the President of the Republic has not convened the Higher Judicial Council for more than five years”.

Justice crumbling…

In his affidavit, Barrister Anyang revealed that: “they are many magistrates who were supposed to be on retirement now, but they are still working because the Higher Judicial Council has not convened a session since the year 2020. That as it stands now, there are complaints against about 897 magistrates that are pending simply because the Higher Judicial Council has not been convened for more than five years”.

Barrister Anyang noted that as it stands, the Administrative Court of the South West Region of Cameroon has been paralysed, simply because one of its judges died since the year 2023 and the Higher Judicial Council has not yet convened a session to appoint another judge/magistrate to take over the position of the deceased judge. 

He noted that innumerable land cases that were supposed to be heard before the Administrative Court of the South West Region have been blocked; simply because one of the judges of the said court died since the year 2023 and his position has created a very huge vacuum.

The lawyer said: “…so many families have been frustrated because their land cases are still pending before the South West Administrative Court, waiting for the Higher Judicial Council to be convened…”

He explained that the fact that the Administrative Court of the South West Region is not hearing cases “because of the dead of one of its judges, is causing untold hardship and misery to all the people of the South West Region in particular, and Cameroonians in general”.

This article was first published in The Guardian Post Edition No:3706 of Tuesday February 17, 2026