Jean Michel Nintcheu attacks the immunity of Paul Biya

 

Jean Michel  Nintcheu, SDF MP for Wouri East  has attacked the immunity of president  Paul Biya in a draft law amending Article 53 of the Constitution  which he introduced  in parliament this week.

The constitution gives immunity during and after the President of the Republic’s term of office. Jean Michel Nintcheu who introduced the bill at chambers of the Assembly says he intends to lead it through the National Assembly of Cameroon. See the outline.

 “This proposal will be repeated at each session of Parliament, until it is enacted into law” the French Dailly Nouvelle Expression quoted him.

 

The proposal comes at a time when national news is fuelled by cases of misappropriation of public funds orchestrated from the top of the regime in power. In addition, the proposed revision of the penal status of head of state comes increasingly under the laws of many countries around the world for decades.

 

Paul Biya’s  legal precaution has always pushed to the margin since it came to force. The bill in question:

PROPOSED LAW No. 004/TO AMEND AND SUPPLEMENT ARTICLE 53 OF LAW No. 2008/001 of 14 April 2008 REVISING THE CONSTITUTION OF CAMEROON EXPLANATORY MEMORANDUM TO THE BILL No. 004/TO AMEND AND SUPPLEMENT ARTICLE 53 OF LAW No. 2008/001 of 14 April 2008 REVISING THE CONSTITUTION OF CAMEROON

 

Our country has undertaken since 1996 institutional reform for the purpose of adapting to the demands of democracy and the fight against impunity. This reform was intended to provide future generations, an appropriate legislative framework whose implementation should suffer no void or for any misunderstanding. To date, this institutional reform has led to the development, adoption, promulgation and implementation of all or part of Law No. 2008/001 of 14 April 2008 amending and supplementing certain provisions of the Law No. 96/06 of January 18, 1996. This is particularly section 53 of the new constitution indicating the jurisdiction of the High Court of Justice.

However, the reform of the Basic Law that was designed and adopted in a context of crisis, rather draws some shortcomings including:

– Related to the changing international environment on the criminal status of head of states since 1990, some one hundred Heads of State and Government of Latin America, Europe, Africa, have appeared in their national courts to respond to one charge or the other.

 

– Having regard to the fact that Cameroon is paradoxically the only country in Africa where impunity post-office of head of state is written into the law of the land, creating an equal citizen

 

– Given the fact that the fight against corruption in the government cannot spare the highest level of the executive, this bill seeks to correct the deficiencies through the amendment of Article 53 as follows :

1. The alienation of a section 53 (new) complete the crimes of which the President of the Republic is responsible, including common crimes and embezzlement of public funds. This additional part of the affirmation of the fullness of popular sovereignty, equality in rights and duties of all citizens in rights and duties

 

2. The alienation of Article 3 limits the immunity of the President of the Republic and the precise crimes with which he is responsible for carrying out its mandate. This reform, which detracts from or to the republican form of government, and principles of democracy, unity or territorial integrity of the country, aims to strengthen the democratization of our country, to strengthen and preserve its stability political and social.

 

Such is the nature of this bill for consideration by the National Assembly.

 

ARTICLE I

The provisions of subsections 1 and 3 of Article 53 of Law No. 2008/001 amending certain provisions of Law No. 96/06 of 18

January 1996 to amend the constitution of 02 June 1972 are amended as follows:

 

TITLE VIII – THE HIGH COURT OF JUSTICE

 

Article 53 (new) The High Court has jurisdiction over acts committed in the performance of their duties by:

1. The President of the Republic for high treason,  crimes of common law and  misappropriation of public funds; and the  Prime Minister, other members of the government and related personnel, senior administration officials that have been delegated powers under Articles 10 and 12 above, for crimes identical or against  Security the State.

 

2. The President of the Republic may be impeached only by the National assembly and Senate acting by identical votes in open ballots and a majority of four fifths of their members.

 

3. The acts of the President of the Republic under sections 5, 8, 9 and 10 above, are covered by immunity and cannot incur liability for the exercise of its mandate, except in cases of tort law or corruption

 

4. The organization, composition, the conditions for referral and the proceedings before the High Court of Justice are determined by law.

© Source: La Nouvelle Expression

Translated by Bamenda Online.

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