Higher Judicial Council resuscitated but....

On Tuesday, June 2, 2026, President Biya began to revive the Council, by filling the yawning vacancies that contributed to paralyse the justice system.

The result of the vacuum has been criticised by legal commentators as creating “a crisis within the country's judicial system, as newly trained magistrates from the National School of Administration and Magistracy, ENAM, found themselves waiting for assignment. The courts have been overwhelmed by the accumulation of cases.”

The congestion resulted to numerous adjournments and delayed judgements, laying the foundation for corruption that harms the country's attractiveness to investors, who seek a stable and expeditious legal environment.

That may soon become history, especially after Tuesday’s appointment of new members of the Council to reinvigorate it to action. 

Ten members had their five-year terms renewed, while four others were appointed. From the National Assembly are Soppo Toute Marlyse, MP for Wouri under the CPDM banner; Ngoni Mariam, and Essomba Bengono Engelbert.

The Supreme Court, for its part, nominated Fofung Nabun nee Wacka; Mekoulou Cunégonde Christine, nee Ngotty, and Moukouri Francis Claude, former Vice-President of the Special Criminal Court.

The President of the Republic directly appointed Albert Ekono Nna. Their alternates are: Aliyoum Fadil, Donald Malomba Esembe representing the National Assembly, and Ngo Issi Rolande Adèle,

Only one real change among the full members, Ali Mamouda, was dropped and replaced by Goni Mariam, a former alternate, an internal promotion.

Also noteworthy is the entry of Sali Dahirou, the former Minister of Public Service, who is member of the Political Bureau of the ruling CPDM party.

Though a legal body, it is however empowered by Law No. 82/14 of November 26, 1982, to include appointments of non-legal minds and political party adherents.

The revival, or “reform” of the Council, as some commentators call the Tuesday’s appointments, reveals little about the direction it will take at a time the country’s judicial system took a bashing during the 2025 post electoral violence that led to a court house being razed in Dschang, Menoua Division of the West Region. 

Irate demonstrators accused the court President, who chaired the Divisional Vote Counting Commission, of favouring the candidate of the Cameroon People's Democratic Movement, CPDM.

For critics, appointing new members is just like embroidery that ameliorates the appearance of a dress but does not change the texture.

Over the years, there have been pervasive criticism that the judiciary in Cameroon is not free from the shackles of the executive, even though to quote Sir Dr Ntumfor Barrister Nico Halle, an international legal guru based in Douala, “Cameroon has adhered to the principle of the separation of powers, formulated by John Locke and Montesquieu, to prevent abuse of power...”.

But in practice, that isn’t the case, given the notorious quote of a judge who once said “My hands are tied,” in a case that involved the President of the Republic in an election dispute.

Such a compromising quotation, coupled with the recent burning of a court house, though condemned by The Guardian Post, point to a judiciary that is a subject to being easily corrupt or intimidated by the executive branch.

In addition, Law No. 82-014 of November 26, 1982, empowers only the President, “guardian of the Constitution,” to convene the body, which is a configuration that places the third ream of State entirely under the dependence of the executive branch, raising questions about the real separation of powers.

That explains why voices have been persistently raised to demand a profound reform of the Cameroonian judicial system. 

Lawyers are advocating a real separation of powers, where the judicial body would no longer be under the supervision of the executive branch.

The African Commission on Human and Peoples' Rights, and civil society organisations, have previously raised concerns and mounted pressure, urging President Biya to relinquish the Chairmanship, to ensure the independence of the judiciary.

The banned Southern Cameroons National Council, SCNC, argued before the Commission in Banjul, in May 2005, that the country’s judiciary is not free from the executive.

However, the President continues to lead the Council as “guardian of the Constitution”. With the mounting pressure from the civil society and the African Commission recommendation, isn’t it time for the Higher Judicial Council to be reformed and free President Biya to concentrate fully in the executive branch and leader of his ruling party?

Like in most democracies, should the Council not be transformed to a Judicial Commission, and placed under parliament, with membership restricted to renowned retired judges and other legal minds of mettle from the academia and Bar Association, so as to guarantee a judiciary that operates with unrestrained checks on the executive and legislative power without fear or favour?

President Biya has the answers. He has promised “reforms” in his new term and should start with the judiciary as the nation awaits the sitting of the reinvigorated Council in the coming days, not weeks.

This article was first published in The Guardian Post Edition No:3807 of Thursday June 04, 2026