| Cameroun, Conseil constitutionnel, 25 février 2020, 028/CC/SRCER

RULING N° 028/CC/SRCER OF 25TH FEBRUARY 2020
BETWEEN:
HON. MBAH-NDAM Af X
AND
-ELECTIONS CAMEROON (ELECAM)
-CAMEROON PEOPLE’S DEMOCRATIC MOVEMENT (CPDM)
-MINISTRY OF TERRITORIAL ADMINISTRATION (MINAT)
RELIEF SOUGHT :
(cancellation of electoral operations in the Ac Aj and South-West Regions)
---The Constitutional Council sitting in open session this 25” day of february 2020, in
Electoral matters, before the Panel composed thus:
Mr. Clément ATANGANA, President of the Constitutional Council;
President;
---Messrs:
BAH OUMAROU SANDA
Paul NCHOJI NKWI
Joseph Marie BIPOUN WOUM
Emmanuel BONDE
---Mrs: Ab Ar AH
---Messrs:
Av Am A
AL AN
AO C
Bb As AJ
Ap B;
Councillors/Members;
---And with the assistance of Mr. HAMADJODA, Interim Registrar-In Chief; And
Mrs Ao Aq AM épouse Aw AP, Registrar-In-
Attendance;
---In the presence of Mr. AG Af Z, Secretary-General.
---In the matter of a Petition pitting:
-HON. MBAH-NDAM JOSEPH NJANG.….PETITIONER
-AND
1. ELECTIONS CAMEROON (ELECAM)
2. CAMEROON PEOPLE’S DEMOCRATIC MOVEMENT(CPDM)
3. MINISTRY OF TERRITORIAL ADMINISTRATION (MINAT)
Respondents:
---Rules thus:
---Mindful of the Constitution;
Mindful of law n° 2004/004 of 21/04/2004 to lay down the organization and functioning of
the Constitutional Council, as amended by law n° 2012/015 of 21/12/2012;
---Mindful of decree n° 2018/104 of 7/02/2018 to lay down the organization and
functioning of the Ae Au of the Constitutional Council;
---Mindful of decree n° 2018/105 of 7/02/2018 appointing the Members of the
Constitutional Council;
---Mindful of decree n° 2018/106 of 7/02/2018 appointing the President of the
Constitutional Council;
---Mindful of decree n° 2018/170 of 23/02/2018 appointing the Secretary-General of the
Constitutional Council;
---Mindful of decree n° 2019/612 of 10/11/2019 to convene the electoral college in view
of the election of Members of the National Ay;
---Mindful of the Petition of Hon. MBAH-NDAM Af X;
---Upon listening to the report of Councillor Paul NCHOJI NKWI, Rapporteur;
---Considering that by an additional submission to a petition dated 14 february 2020,
received the same day at the Constitutional Council and registered n° 043, Hon. MBAH-
NDAM Af X, Substantive Candidate for the Legislative Elections of 9 February
2020 on the SDF list for Momo East Constituency, urged the Constitutional Council to
cancel electoral operations in the Ac Aj and South-West Regions, keep aside Section
135 of the Electoral Code, disqualify CPDM candidates for their implication in the post
electoral violence and maintain existing SDF members of parliament in the Ac Aj
and Ah Aj Aa until such time that reorganizing elections will be possible;
---Considering that the petition in question is worded thus:
“Ax Al AK At Ai the partial cancellation of the February 9"
2020 An Ba Az in the Ac Aj and Ah Aj Aa.
“To The President of the Constitutional Council, Yaounde.
“Y Af X, petitioner to the petition referred to above, for
reasons of additional facts and new developments within the Ac Aj and Ah Aj
Aa hereby submit and adumbrate as follows:
“That since the holding of the purported elections the hunt for the SDF militants and the burning of their houses has aggravated;
“That it is very evident that the CPDM candidates who were ferried by armored cars to
the two polling centers in the Ac Aj and Ah Aj Aa, in armored cars
conspired not only with the "Ambazonian restoration forces" and the military but also
planted persons to emit audio recordings that went viral against the petitioner, the total
population and in particular the SDF militants;
“That the establishment of peace and serene environment for a rerun of the election within
20 to 40 days as provided for by the electoral code is practically impossible;
“That the petitioner reiterates that no election operations actually went on in the Ac
Aj and Ah Aj Aa;
“That having regard to all of the above, instead of cancelling the electoral operations in
whole and ordering a rerun, the petitioner prays the Constitutional Council to:
“I. Disqualify the candidates of the CPDM for their overt implication in the violence that
ensued throughout voting day in the Ac Aj and Ah Aj Aa;
“2. Decide that it will practically be impossible to conduct a rerun in the near future;
“3. Reinstate the existing SDF members of the National Ay until such time that the
holding of elections in this constituency will be possible.
In that way, justice shall have been done.
“Singed
“Hon Af AI
ON THE ADMISSIBILITY OF THE PETITION
---Considering that Section 48(2) of the Constitution and Section 132(2) of the Electoral
Code defines the quality of persons to file petitions before this Council while Section 133
of same defines the time frames for filing and the content of such petitions in matters
relating to the election of members of the National Ay;
---Considering that Section 133(1) of the Electoral Code states; “all petitions filed
pursuant to the provisions of Section 132 above must reach the Constitutional Council
within no more than 72 (seventy-two) hours of the close of the poll”;
---Considering that in the case at hand, the petitioner’s file was received at the Constitutional Council on the 14 February 2020, that is, 96 hours after the close of the
polls;
---His additional submissions is thus manifestly inadmissible violating Section 133(1) of
the Electoral Code.
---Considering that proceedings before the Constitutional Council is free by virtue of
Section 57 of law n° 2004/004 of 21st april 2004 to lay down the organization and the
functioning of the Constitutional Council as amended by law n° 2004/015 of 21st
december 2012, cost of these proceedings shall be borne by the public treasury.
---Considering that in application of Section 15(2) of the above cite law as read with
Section 131(3) of the Electoral Code, it is proper to order the service forthwith of this
ruling on the Ak Ag, all the parties and its publication in the official gazette in
English and French.
UPON THESE GROUNDS
---The Constitutional Council, after a full hearing in open session on post-electoral
petitions, with the unanimous vote of its Members:
---Declares the additional submissions to the Petition of Ad AI
Af X manifestly inadmissible for being time barred;
---Orders that the cost of these proceedings be borne by the public treasury;
---Orders the service of this Ruling on all the parties and its publication in the official
gazette.
---Thus decided and pronounced in open Court the same day, month and year as above in
the Court Hall of the Constitutional Council.
---In witness whereof, this present Ruling has been signed by the President, the Secretary-
General and countersigned by the Interim Registrar-In-Chief.
PRESIDENT SECRETARY-GENERAL
Clément ATANGANA MALEGHO Joseph ASEH
INTERIM REGISTRAR-IN-CHIEF
HAMADJODA