CONSTITUTIONAL OUTRAGE VIS-À-VIS JUDGMENT SENTENCING SISIKU AYUK JULIUS TABE AND NINE OTHERS TO LIFE IN PRISON. Unarguably, there’s no set of agreed-upon conditions, no ultimate standard that indicates when a country has officially entered into a constitutional outrage. As an alternative, we can only look at a country’s political system and ask whether it’s working as designed or whether the structures and institutions that hold it together are intact. But even then, it’s still a complex question. Many have questioned whether or not the sentencing of Sisiku Ayuk Julius Tabe and nine others by the military tribunal in Yaoundé Cameroun, was lawful and or founded at law, giving the procedural irregularities that seemingly would have marred the proceedings ab initio. If the court refuses to abide to the rule of law, then we will have a true constitutional outrage. A judge takes a constitutional oath to faithfully execute the law. We are of the considered opinion that, the judgment of said court, convicting and sentencing the aforementioned persons would have violated the requirements of a fair trial, mindful of Article 10 of the Universal Declaration of Human Rights. It is imperative to intimate that, said piece of international legislation supersedes laws in Cameroun, mindful of section 45 of Law No: 96/06 of 18th January, 1996, to amend the June 2, 1972 constitution. If the judge willfully rejects the law’s resolution, he will have violated his oath of office, as determined by the courts in the most fundamental way. The rhetoric of constitutional outrage has been used by many but the term remains ill-defined. Nonetheless, it is sometimes used to suggest that someone is violating the constitution or that, the meaning of the constitution is unclear but seems neither helpful nor correct since addressing violations and indeterminacy are routine features of a working constitutional system. Constitutional outrage, is best understood to be moments when the constitutional system itself seems to be breaking down, such as, :- (1) when important political actors are simply unwilling to adhere to the constitutional commitments as they understand them. If consequential political actors determined that a constitutional rule or prescribed constitutional outcome should be ignored because of some other political priority than following the constitution more important, then the constitution’s ability to guide and constrain political behavior has, to that degree, been cast into doubt. (2) When important political disputes and or issues cannot be resolved within the existing constitutional framework (the case of Sisiku Ayuk Julius Tabe and nine others). Notedly, an effective and fine constitution is that which provides a structure for contesting and resolving political disputes and or issues. Consequently, when a constitution can no longer do that and our political disputes and or issues flip-flop and or summersault outside the constitutional frame work, then the constitution itself is in crisis and must be mended. It should be recalled that, Sisiku Ayuk Julius Tabe and nine others were indicted at the military tribunal in Yaoundé on a number of charges, including but not limited to ‘terrorism and secession’, ‘hostility against the state’ of Cameroun. Said persons and or convicts were convicted and sentenced to life in prison and ordered to pay a colossal fine amounting to 250 billion FCFA (approximately $422 million, £381) to the state of Cameroun. Cognizance of the fact that, Cameroun did ratify the Geneva Convention in 1963 and its additional protocols 1 and 2 in 1984; Cognizance of the fact that, the accused persons and or convicts were ‘convention refugees’ or persons in need of protection, their abduction from Nigeria to Cameroun was in total violation of the Geneva Convention; Cognizance of the fact that, the trial judge did make a negative credibility determination regarding the admissibility of an application for recusal based on bias, filed by defence counsel in favor of accused and or convicts, which application, to say the least, would have warranted a positive credibility determination; Cognizance of the fact that, the judgment sentencing accused persons and or convicts to life in prison was delivered without the hearing and determination of an appeal, pending hearing and determination at the appeal court in the center region of Cameroun, which appeal was related to said case and filed by defence counsel based on procedural irregularities; Cognizance of the fact that, said judgment was equally delivered by the trial court when defence counsel had withdrawn their appearance, would have amounted to enormous procedural irregularities, time would have been given to said convicts to look for other counsel of their choice and as required by law. Having considered the totality of the evidence adduced during the trial, and specifically, the fact that, all accused persons and or convicts were ‘convention refuges’ or persons in need of protection under the Geneva Convention, the only logical inference that could be drawn here, is that, our laws are seemingly handcuffed… yet an appeal would have been founded SAVE of the fact that, the entire proceedings were a nonstarter. ‘… You cannot put something on nothing and expect it to stay there. It will collapse, per Lord Denning. God bless Cameroun. BY: BARRISTER ATOH WALTER M. TCHEMI LEGAL CRITIC/HUMAN RIGHTS ACTIVIST FOUNDER AND HEAD: THE TIME LAW FIRM, KUMBA C.E.O: PRO BONO GROUP. TEL: (00237) 77 62 73 08, Email: atoh@thetimelawfirm.com/ website: www.thetimelawfirm.com

LET’S REPEAL OUR ANTI-GAY LAWS

AUTHOR of: 1) LGBT Rights are Human Rights (Let’s Repeal Our Anti-gay Laws) – Paperback – May 23, 2017 – Publisher: LAP LAMBERT Academic Publishing (May 23, 2017), Germany – Language: English – ISBN-10: 3330320044 – ISBN-13: 978-3330320048 – Atoh Walter M. Tchemi (Author) INTRODUCTION OF BOOK:- LGBT rights are human rights, is a compendium of two qualitative in-depth research papers that are completely interwoven in all ramifications pertaining to the subject matter. The papers/ studies have expressed grave concern … Continued

SUGGESTED REASON(S) WHY ELECTIONS FOR 2018 WERE PROLONGED AND OR POSTPONED

SUGGESTED REASON(S) WHY ELECTIONS FOR 2018 WERE PROLONGED AND OR POSTPONED. The President of the Republic of Cameroon may have acted exquisitely within time. In other words, constitutionally, the President of the Republic of Cameroon has the prerogative to prolong the mandate of MPs and Councilors, including Mayors, in case of ‘force majeur’. But, we would have dissociated and or distanced ourselveswith the reason(s), the President did advance as reason(s) for said postponement: the President of the Republic of Cameroon, … Continued

NEVER AGAIN DEBUNKED BY THE ONGOING CRISIS IN SOUTHERN CAMEROONS

‘ NEVER AGAIN’ DEBUNKED BY THE ONGOING CRISIS IN SOUTHERN CAMEROONS. ‘NEVER AGAIN’ was a collective Slogan, following the Rwandan Genocide. Infuriating to note, yet, similar Genocide is ongoing in Southern Cameroons. Said Genocide has debunked wholly the ‘ Never Again ‘ policy, the International community proclaimed in or after 1995. Is Southern Cameroons part of the International Community, this question begs for answer? Happenings ongoing in the Southern Cameroons:- Gross Human Rights Violation: people are arrested, tortured and detained … Continued

NO GLIMMER OF HOPE FOR ENDING THE ONGOING ANGLOPHONE CRISIS SOON

NO GLIMMER OF HOPE FOR ENDING THE ONGOING ANGLOPHONE CRISIS SOON. Outrageous, yet, this writer perceives row on both sides, with no resolution in sight to ending said crisis notwithstanding enormous disruption of economic activities, series of abductions, and targeted killings orchestrated by the belligerents. ‘Never again’, was a collective slogan, jointly and severally proclaimed, followed the Rwandan genocide, infuriating to note, yet, similar acts are ongoing in Southern Cameroons. Said acts have debunked wholly the ‘Never again’ policy, the … Continued

THE CONCEPT OF CHANGE AND THE PEOPLE OF SOUTHERN CAMEROONS

Supportive of the concept of change, that, everything is constantly shifting, and becoming something other to what it was before, is the Common Law Lawyers’ and Teachers’ strike battle for the restoration of the English culture in Southern Cameroons. Until we renounce our wealth and fortune just like Heraclitus, then could we have plenty of time to reflect and appreciate the concept of change to the effect that, Change is the only thing that is inevitable in life. Everything changes … Continued

EXTRAJUDICIAL ARRESTS AND DETENTIONS IN CAMEROON … EMBOLDENED BY SECTIONS OF THE CODE.

It is verily bad at law for a piece of adjectival criminal law to make and or contain provisions therein seemingly advocating for a dissimilarity pertaining to criminal proceedings, and or approving criminal proceedings in absentia of prosecution witness or witnesses, for such provisions would have smeared the very essence of our criminal justice system. Going by the provisions and or phraseology of section 634 of the Cameroon Criminal Procedure Code [herein after referred to as the Code], it would … Continued

CRITICQUE ON SECTIONS OF THE CAMEROON CRIMINAL PROCEDURE CODE

 Barrister Atoh Walter M. Tchemi, Legal Critic and Researcher, Author of, ‘CRITICQUE ON SECTIONS OF THE CAMEROON CRIMINAL PROCEDURE CODE’- published at, ‘ International Journal of Scientific and Research Publications ( IJSRP), Volume 6, Issue 9, September 2016 Edition’ [ISSN 2250-3153]   September Edition Link: http://www.ijsrp.org/research-journal-0916.php Download Cover Page for this Edition: http://ijsrp.org/print-journal.html  

SAME-SEX CONDUCT, STILL AN OFFENSE IN CAMEROON.

It is conventionally verified that homosexuality is a crime in 38 out of 55 African nations with Cameroon inclusive. With regards to Cameroon specifically, many are of the opinion that, Cameroon’s law criminalizing same-sex conduct and as contained in section 347 of the Penal Code violates its international commitments, as well as its own constitution. Cameroon is a party to the International Covenant on Civil and Political Rights (ICCPR)[1], which provides for equal protection, non-discrimination, and the right to privacy. … Continued