| Cameroun, Conseil constitutionnel, 19 décembre 2019, 05/SRCER/G/SG/CC

RULING No. 05/SRCER/G/SG/CC OF 19'" DECEMBER 2019
BETWEEN:
Ae BF Ai AQ,
Substantive candidate on the list of SDF for Boyo Division —ememeemeee PETITIONER
AND
1-CPDM
2- ELECAM RESPONDENTS
3-MINAT
RELIEF SOUGHT:
(Petition against the acceptance by the AS AO AI BD of the CPDM list of candidates for Boyo Division for the February 9, 2020 legislative elections, on ground of failure by the list to take into consideration gender aspects).
The Constitutional Council,
Mindful of the Constitution,
Mindful of law No. 2004/004/ of 21/04/2004/ to lay down the organisation and functioning of the Constitutional Council as amended by law Nos. 2012/ 015 and 2012/016 of 21/12/2012;
Mindful of decree No. 2018/104 of 7/02/2018 to lay down the organisation and functioning of the Ay Af of the Constitutional Council;
Mindful of law No. 2012/001 of 18/04/2012 on the Electoral Code as amended and supplemented by law No. 2012/017 of 21/12/2012;
Mindful of Decree No. 2018/015 of 07/02/2018 appointing the Members of the Constitutional Council;
Mindful of decree No. 2018/106 of 07/02/2018 appointing the President of the Constitutional Council;
Mindful of decree No. 2018/170 of 23/02/2018 appointing the Secretary-General of the Constitutional Council;
Mindful of decree No. 2019/621 of 10/11/2019 convening electors for the February 9, 2020 Legislative and Municipal elections;
Mindful of the petition of Hon. NJONG Evaristus NDIM;
Upon listening to the report of Mrs. AZ Ad Ac,
Considering that by a petition dated 11” December 2019, received on the same date and registered under n° 53/SRCER/G/SG/CC, Ae BF Ai AQ, substantive candidate on the list of SDF for Boyo Division, seized the Constitutional Council requesting for the annulment of the decision of the AS AO AI BD to accept the CPDM list of candidates for Boyo Division for the February 9, 2020 Legislative Elections, on ground of failure by the said list to take into consideration gender aspects.
Considering that the petition in question reads thus:
“PETITION AGAINST THE ACCEPTANCE BY THE AS AO AI BD OF THE CPDM LIST OF CANDIDATES FOR BOYO DIVISION FOR THE FEBRUARY 9, 2020 LEGISLATIVE ELECTIONS, ON GROUND OF FAILURE BY THE LIST TO TAKE INTO CONSIDERATION GENDER ASPECTS
“TO THE CONSTITUTIONAL COUNCIL
YAOUNDE-CAMEROON
“May it please the President and Members of the Constitutional Council,
“The SOCIAL AN AW (S.D.F.) with head office in Bamenda, P.O
Box 490 Bamenda, acting through HON. NJONG EVARISTUS NDIM, substantive candidate for the Legislative Elections of 9/2/2020 on the SDF list for Boyo Division, having as Bb Ba AR BH Aj, NDANGOH TAH Calvin and
NANA Wilson SUH, Tel N°° 678-277-540, 677-458-5603 & 677-756-047, has the honour to petition as follows:
“That the CPDM list for BOYO Division in the As West Region has as substantive candidates WAIDIM JUDE NSAM and AT AK Ar and as alternate candidates BI AJ BG and BF Ar B, who are all MALES thus the list does not take into consideration gender aspects and this is in violation of Section 151(3) of Law No. 2012/001 of 19 April 2012 relating to the Electoral Code which provides as follows:
“Section151(3): Each List shall take into consideration the various sociological components of the constituency concerned. It shall also take into consideration gender aspects”
“A Certified Report of a Bailiff on the fact that all 4 candidates on the CPDM List are males will be presented subsequently.
“Boyo Division is a single electoral constituency as per section 149(1) of Law No. 2012/001 of 19 April 2012 relating to the Electoral Code.
“From the foregoing the SOCIAL AN AW (SDF) urges the
Constitutional Council to;
“- Hold that this petition has been filed in conformity with Section 167 as read with Sections 125, 126, 127, 128, 129, 130 and 131 of Law No. 2012/001 of 19 April 2012 relating to the Electoral Code and to consequently declare same ADMISSIBLE ;
“- Find merits in the petition and reject the CPDM List for Boyo Division in the As West Region for the 9/2/2020 Legislative Elections on ground of failure to take into consideration gender aspects.
“With Profound Respect.
“DONE IN YAOUNDE THIS 11" DAY OF DECEMBER 2019
“SIGNED HON. NJONG EVARISTUS NDIM.
Considering that in reply to the petition, Ba BA Ab and Au At X, Counsels for the CPDM party filed a statement of defense on the 13* December 2019.
The statement of defense reads as follows:
“RESPONSE OF THE BC AU AN BJ (CPDM) TO PETITION No. 53 RECEIVED ON THE 12/12/2019 AT THE REGISTRY.
“MAY IT PLEASE YOUR LORDSHIP the BC AU AN BJ (herein after CPDM) doth hereby prays Your Lordships to dismiss the petition of the Social AN AW (S.D.F.) and NJONG Evaristus NDIM.
“The petitioner states at the heading of his petition that he is “AGAINST THE ACCEPTANCE BY THE AS AO AI BD OF THE CPDM LIST OF CANDIDATES FOR BOYO DIVISION FOR THE FEBRUARY 9, 2020 LEGISLATIVE ELECTIONS, ON GROUND OF FAILURE BY THE LIST TO TAKE INTO CONSIDERATION GENDER ASPECTS”.
“Your Lordships, the CPDM recognizes the fact that all of his candidates in the said electoral constituency are male, and takes full responsibility of such an occurrence.
“Your Lordships, due to the prevailing security and socio-political crisis in the said constituency, the CPDM could not find any female candidates in the area, who meet the critical conditions laid down in Section 165 of the Electoral Code.
“Your Lordships, it should be noted that the CPDM has never fielded candidates in the BOYO Constituency, in violation of the cited Section 151(3) of the Electoral Code.
“From the above, we urge Your Lordships to dismiss the said petition.
“RESPECTFULLY SUBMITTED “Yaoundé 13” day of December 2019
“Ba BA Ab and Au At X.
Considering that ELECAM on his part did not file a response to the petition.
Considering that this petition has been filed in conformity with Section 167 as read with Sections 125, 126, 127, 128, 129, 130 and 131 of Law No. 2012/001 of 19 April 2012 relating to the Electoral code.
ON THE ADMISSIBILITY
Considering that by virtue of Section 129 of the Electoral Code, objections or petitions relating to the rejection or the acceptance of candidates, as well as those relating to the colour, initials or emblem adopted by a candidate may be brought before the Constitutional Council by any candidate or political party taking part in the election or any person serving as a Government representative in the said election, within a maximum period of 2(two) days following the publication of the list of candidates.
Considering that from the above provisions, petitioning the Constitutional Council in electoral disputes relating to the election of Members of Parliament is opened to the above-cited persons provided that they file their objections within the time limit provided for by the law.
Considering that the petitioner being a candidate on the list of Social AN AW for Boyo Division, for the February 9, 2020 legislative elections has the locus standi to petition the Constitutional Council in this matter and his petition is admissible.
ON THE SUBSTANCE
Considering that in the petition, Ae BF Ai AQ submits that the AS AO AI BD took a Resolution on the 09% December 2019
accepting the CPDM list of candidates for Boyo Division for the February 9, 2020 Legislative Elections despite the failure by the said list to take into consideration gender aspects A copy of the said Resolution is attached to this petition.
Considering that Section 151(3) of the Electoral Code provides as follows:
“Each list shall take into consideration the various sociological components of the constituency concerned. It shall also take into consideration gender aspects.”
Considering that in this regard and from Resolution No.017/ELECAM/CE of 09% December 2019, relating to the publication of lists of candidates for the election of Members of Parliament set for 9 Ak 2020, it is crystal clear that the CPPDM list for Boyo Division is exclusively made up of men to wit, WAINDIM Jude NSAM 71 and AT AK John(substantive candidates) and BI AJ BG and BF Ar B(alternate candidates).
Considering that from the above we do find merits in the petition of Ae BF Ai AQ and propose that the CPDM List for Boyo Division in the As West Region for the February 9, 2020 Legislative Elections be rejected on ground of failure to comply with Section 151(3) of the Electoral Code which provides that gender aspects should be taken into consideration in the composition of each list of candidates for the election of Members of Parliament.
UPON THESE GROUNDS:
The constitutional Council, after a full hearing in open Court on pre-electoral disputes as final jurisdiction with the unanimous vote of its members;
Declares the action instituted by Ae BF Ai AQ admissible; Finds merits in the Petition;
Orders the AS AO of EFLECAM to reject the CPDM list for Boyo Division in the As West Region for the February 9, 2020 Legislative Elections;
Orders the Public Ah to defray the cost of these proceedings;
Orders service forthwith of this Ruling to the AS AO AI BD and to all the parties concerned, and its publication in the Official Gazette.
Thus decided and pronounced in open court by the Constitutional Council, the same day, month and year as cited above in the Court Hall of the said Council:
Mr. Clement ATANGANA, President of the Constitutional Council:
President ;
Messrs:
Y Z Ax
Ag Ap C AL
Az AY
Mrs: Ad Ac AZ
Messrs:
Av Aa A AV
BB BI AG
Aq Am AP
An AH
COUNCILLORS/MEMBERS
With the assistance of Mr. HAMADJODA, interim Registrar-In-Chief and Mrs. Al Ao BE épse Aw AM, Registrar;
In the presence of Mr. Ag AX BK, Secretary-General;
In witness whereof, this present decision has been signed by the President, the
Secretary-General and countersigned by the interim Registrar-In-Chief.