The Common Law practice in Cameroon has again suffered a major setback. After Common Law Lawyers protested an attempt by the Biya’s regime to impose notaries on the English Legal System last year, Anglophone Lawyers in the North West Region are now being compelled to make their court submissions only in the French language.
North West Lawyers Association, NOWELA has in a strongly-worded statement condemned the provision, describing it as an attempt to assimilate the common law system in Cameroon.
A memorandum addressed to the President of the North West Court of Appeal by its President asserts vehemently, that the language of communication in North West courts is English.
The letter bears resolutions of a meeting of NOWELA members on February 20, in which they pointed out that the move to oblige North West lawyers make their submissions in the French language only is not only a violation of the constitution of Cameroon, but also an infringement on minority rights.
Robert Nso Fon, NOWELA President, told The Cameroon Journal in a telephone interview that the move appears to be just another deliberate attempt to completely destroy the Anglophone legal system in Cameroon. Hear him: “It is clear that they simply want to completely eliminate the common law system in Cameroon.”
Nso, who spoke with a lot of regrets argued that the move was in absolute contrast to what obtains when they (Anglophone lawyers) find themselves in courts in the francophone zone. There, he said; “We are obliged to make our submissions in French, so why would they oblige us to make our submissions in French again in our own courts?” Nso questioned.
Quizzed if speaking French could obstruct any court proceedings, he said that in legal issues every single word must be understood properly by both parties. “We the lawyers could understand and even speak the broken French, but what about our clients who understand no single word in French?”
He said attempts to even convince presiding judges that interpreters could be hired so as to ease the burden for parties have flopped given that the latter are obliging the parties to pay for the charges. He suggested that it was the duty of the court to bear the financial burden in cases where the services of an interpreter are hired.
Also speaking on the issue which has become topical on the lips of all North Westerners and Anglophones in general, one Barrister Buh disclosed that only Francophones have been appointed at the Legal Department of the North West Court of Appeal.
“It is regrettable that only Francophones have been appointed at the legal department of the North West Court of Appeal, from Attorney General through the Advocate General to all the substitutes. All documents coming from this service are in French,” he lamented.
On the sidelines of the French language issue, NOWELA in one of its resolutions has also picked issues with judges of the region over what they consider as extortion in court matters.
They claim in the resolution that the judges have been obliging parties to foot their bills during visits to the field (locus fees). “This is simply extortion of the parties involved. These charges have to be levied on the state treasury. They could sign the money as mission order, not extorting it from parties,” he lashed out.
The North West lawyers warned in their resolutions that the move being implemented by government could easily result to disintegration. “While counting on your well known disposition to respect the laws of the state, the lawyers did not hesitate to conclude that the cracks imposed by their francophone brothers on the foundation of our unity can seriously widen to the extent that any further cracks can result to disintegration,” the memorandum partly reads.
