Bar President urges gov’t to withdraw new Penal Code Bill

President of the General Assembly of the Cameroon Bar association, Barrister Nico Halle, has suggested that the draft bill on a new Cameroon penal code recently adopted by the constitutional laws, human rights and freedoms committee of the National Assembly, be withdrawn and reviewed by a panel of legal experts because it is replete with incongruities.

In a telephone interview granted The Cameroon Journal on Monday, Nico Halle said that having thoroughly perused the said bill, he discovered a lot of nuances, which if adopted as it is, will not reflect the aspirations of a majority of Cameroonians.

“Since I started hearing of the draft bill on the penal code, I have been making my opinion heard on the dangers of passing a bill that has not properly and thoroughly been analysed and fine-tuned.”

As he puts it, “such a bill calls for contributions from a cross section of experts in our society including legal experts, for us to have a penal code worth its salt.”

Citing one of the grey areas in the bill, the renowned legal consultant said: “Take for instance, the article on tenants; it is true that the rights of landlords should be protected because there are a lot of unscrupulous tenants, but what about the rights of the tenants? They should be protected as well.” He said.

He added that many provisions of the bill are controversial; especially aspects affecting national life which should have been highlighted in the bill were ignored.

“I also realised that some areas that should have been highlighted in the bill were ignored. For instance, the area of pornographic films because there is a lot of moral rot coming from this sector. The anti terrorism law should have been highlighted as well. I was also expecting something more on corruption, bribery and embezzlement which have eaten deep into our fabric…”

Halle went ahead to suggest those he thinks should constitute the committee of experts to review the bill. His words: “A committee of say 50 or 60 experts be put in place to do a thorough analysis and study of the bill.

They should include; 10 attorney generals of the 10 courts of appeal, 10 presidents of the 10 courts of appeal, the Hon.

President of the Supreme Court, Attorney Generals of the same court, all former and present presidents of the Cameroon Bar General Assembly, all current and former presidents of the Cameroon Bar Council, three members of the official press including the President of the National Communications Council, three members of the Private Press including presidents of the Cameroon Union of Journalists and the Cameroon Association of English-Speaking Journalists, two members of the National Human Rights Commission, including its president, two members of CONAC including its president, four members of the clergy and four credible business operators.

And this commission should be presided over by the Minister of State, Minister of Justice and Keeper of the Seals. It should be given between two weeks and one month to produce something worthy for the good of our nation.”

Although Halle was quick to point out some novelties in the bill which he described as laudable, he maintained that the rush with which they’re trying to adopt it tantamount to joking with such an important document that sanctions how citizens comport themselves.

“The bill should bear the aspirations of Cameroonians who more than ever before are tired of the degree of moral decadence that has bedevilled our beloved country Cameroon,” he asserted.

He went on: “The bill should not be rushed. If we had waited for 51 years, we can also wait for two months or one year for something to be better done because the penal code is a document that will guide comportment and behaviour of citizens. If we don’t work on it very well, it may have spill over effects.”