| Cameroun, Conseil constitutionnel, 25 février 2020, 26/CC/SRCER

RULING No. 26/CC/SRCER OF THE 25 AP 2020 Mrs.
BETWEEN:
Bd Y AR
AND
1-CPDM
2-ELECAM
3-MINAT RELIEF SOUGHT:
(Petition for the cancellation of the AP 9, 2020 Legislative election results in Fako
East constituency for electoral malpractices, massive fraud, violation of the electoral law
by the CPDM and ELECAM)
---The Constitutional Council sitting in open Court, the 24” to 25” of AP 2020,
before the panel composed thus:
—Mr. Clément ATANGANA, President of the Constitutional Council:
President;
---Messrs:
AY AZ Bx
Ac AV BE
Bg Ae C BC
Ax BP
--- Mrs: Aq Ap BW
--- Messrs:
At Ba A BU
BF BH Bz Bt BG
An B
COUNCILLORS/MEMBERS
---With the assistance of Mr. HAMADJODA, interim Registrar-In-Chief and Mrs.
Bq Ao BS épse AK BZ, Registrar;
---In the presence of Mr. MALEGHO Joseph ASEH, Secretary As.
---In the matter of a petition pitting:
---Fritz Y AR, parliamentary candidate on the SDF list for the Fako East
constituency, Petitioner;
---AND
1-CPDM
3- MINAT
Respondents;
---Delivered the following Ruling:
---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 As Az 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 AP
9, 2020 Legislative and Municipal elections;
---Mindful of the petition of Bd Y AR;
---Upon listening to the report of Mrs. BW Aq Ap, Councillor/Reporter;
---Considering that by a petition dated 12” AP 2020, received on the same day and
registered under n° 24, Bd Y AR, parliamentary candidate on the SDF list for
the Fako East constituency, seized the Constitutional Council requesting for the
cancellation of the legislative election results of AP 9, 2020 in the Fako East
constituency for electoral malpractices, massive fraud, violation of the electoral law by the
CPDM and ELEC.M.
---Considering that the petition in question reads thus:
“IN THE CONSTITUTIONAL COUNCIL OF CAMEROON HOLDEN AT YAOUNDE
BETWEEN
“Bd Y AR, SDF Parliamentary candidate; Bf Au Af,
Petitioner;
“Versus
“AJ AO AO Z AI BX, Respondents;
“IN THE MATER OF THE CANCELATION OF THE RESULTS OF THE AP 9th
2020 PARLIAMENTARY ELECTIONS IN FAKO EAST CONSTITUENCY FOR
ELECTORAL MALPRACTICES, MASSIVE FRAUD, VIOLATION OF THE ELECTORAL
LAW THE 1°" AND 2” RESPONDENTS “Venerable President, the second respondent herein presented a list of candidates
consisting the following :
“Substantive : ETOMBI IKOME GLADYS AND BQ Bn BY
“Alternates : EYUMA’A SAMA and AGHATA EFETI who have purportedly won the
parliamentary election in Fako East Constitu.ncy.
“1- As Bo Ar of the Social AI BL By for the Bf Au
Af, I do hereby chose as Counsel, Ai BM Bc Aj AT
Ah Bb Ab Bj for the Purpose of this petition; Herein we are petitioning
this honourable court for the cancellation of the entire electoral process in the said
constituency during the 9” AP 2020 poll in regard to the parliamentary elec.ion.
“2-That in Muyuka, the 1st and 2"“ respondents colluded and awkwardly refused access to
the three polling centers of Muyuka, Ekona and Mutengene to the polling agents of the
Social AI BL, de jure members of the polling centers, defending the
fundamental rights and interest of the petitionner in flagrant violation of the letter and
spirit of the Electoral Code, thereby rendering the entire process a nul.ity.
“3-That, ballot boxes were stuffed and officials of the 2"* respondents were caught voting
multiple times, videos and pictures are hereby ple.ded.
“4-That thousands of redeployed law enforcement officers and soldiers casted their votes
without having been screened and registered in mandatory addendum to the electoral
register as prescribed, in total and flagrant violation of articles 82 and 83 in fine of the
electoral code. Massive illegal voting by the men in uniform was the order of the day in
the three polling centers in Muyuka, in the Br Ag Bj polling center,
the Customary court, Tiko center, in the Bona-Ngombe polling Center in Bimbia, Limbe
II, just to name t.ese.
“5-That in Tiko just like in cite Bi in Limbe, most of the chairpersons were changed
overnight and replaced with CPDM militants as could be seen in the reports where they
were signing for Elecam, Administration and the CPDM party. Reasons why in most
reports, the number of voters against the number of signatures on the role could hardly
match because they were stuffing ballot boxes indiscriminately. Annextures attache..
“6- That a plethora of malpractices, fraud, varying cases of impropriety are contained in
the Sheriff-Bailiff's affidavit report and the annextures comprising 5 video tapes and 13
photos is attached hereto for your apprecia.ion.
“7-That the parliamentary election in Fako East has none of the trappings of e free, fair
and transparent election. It was nothing short of a sham and a cha.ade.
“8- That the said parliamentary election disparages the image of our country as a budding
democ.acy.
“Consequently, we urge and pray you to :
“Declare null and void the Parliamentary elections of the 9th of AP 2020 in the
Fako East Constituency and by so doing order for the cancellation of sa.e.
“ AM BJ
“Bd Y AR
---Considering that in compliance with section 133(3) of law no. 2012/001 of 19” april
2012 relating to the Electoral Code as amended by law no. 2012/017 of 21* December
2012, this petition was duly notified on all the respondents within 24(twenty four) hours. -
---That the respondents in return had 48(forty-eight) hours to deposit their statements of
defen.e.
---Considering that in reply to the petition, the CPDM political party, Elections Cameroon
and the Ca AT Bp Bs filed their written submissio.s.
---Considering that the written submission of the CPDM reads thus:
“BEFORE THE CONSTITUTIONAL COUNCIL HOLDEN AT YAOUNDE
---BETWEEN
---FRITZ Y AR (Social AI BLS) AW
---AND
1. ELECTIONS CAMEROON (ELECAM) 2. ETOMBI IKOME GLADYS, BQ Bn BY, EYUMA’A SAMA,
AGHATA EFETI, AO Z AI BX
“RESPONSE OF THE CAMEROONS PEOPLE DEMOCRATIC MOVEMENT
(CPDM) TO PETITION No. 018 RECEIVED ON THE 14/02/2020 AT THE
RE”ISTRY
“MAY IT PLEASE YOUR LORDSHIPS the AO Z AI BX
(hereinafter CPDM), 2" Respondent herein, doth hereby prays Your Lordships to dismiss
the petition of Bd Y AR of the Social AI BL (hereinafter
SDF) of the FAKO EAST Constituency for the elections of the 9" AP 2020, for the
following reasons:
1. First and foremost, the allegation that ELECAM and CPDM refused access to the
three (03) polling centres to the polling agents of the SDF totally lacks p.oof.
2. Secondly, the grounds raised by the petitioner that ballot boxes were stuffed, and
CPDM respondents were caught voting multiple times, with evidence of video and
pictures is vague, as it is not indicative of any fact
The petitioner has attached a bailiff report titled “REPORT RECONSTITUTING
FACTS” and dated “12” AP 2020”, which is three days after the elections,
contains only the testimony and declarations of SDF supporters and officials. We
posit that such a bailiff report is not only late, but very one-sided and bias.
Your Lordships, we pray this Honourable Constitutional Council to discard such a
piece of evidence, which is “ex post facto” to the events decried. There is no way of
showing that what is decried, actually happened on the election day, to wit, 9"
AP .020.
3. The petitioner is complaining that thousands of redeployed law enforcement
officials and soldiers voted in an irregular manner, in violation of Sections 82 and
83 of the Electoral Code.
There is no iron-clad evidence submitted before this Be Bm
Aw, to back up such a claim.
4. The cardinal principle in bring matters before a tribunal, is that he who alleges any
facts, must bring clear and incontrovertible evidence to the facts alleged. The
petitioner has failed to provide any of such evidence before the Honourable
Constitutional Cou.cil.
5. Your Lordships, we pray this Honourable Constitutional Council to discard or
reject any purported evidence that is projected to be filed by the petitioner at the
hearing, which had neither been submitted to appraisal of the respondents herein
nor the judge reporter. It shall be a violation of the cardinal principle of fair
hearing before any judicial procedure
6. Conclusively, and in consonance with Section 134 of the Electoral Code, we pray
that if by some stroke of imagination, this Honourable Constitutional Council were
minded to take into consideration the alleged irregularities, it should declare that they
were not of a nature that could influence the outcome of the electi.n.
From the above, we urge Your Lordships to dismiss the said peti.ion.
“RESPECTFULLY SUBMITTED
“Yaoundé 14” day of AP 2020
“ADDRESSES FOR SERVICE:
“RESPONDENTS: c/o their Counsel
“BB Bv BuB;;
“BN AaB;;
“AH BgB;;
“AN Luke ;
“BA BD AK AkB;;
“AU AG Rose Celine;
“AL AQ Avv;
“AX Ay;
“PETITIONER: Bd Y AR, SOCIAL AI BL (SDF)”;
---Considering that the written submission of ELECAM reads thus:
“IN THE CONSTITUTIONAL COUNCIL OF CAMEROON-YAO.NDE.
“WRITTEN REPLY IN DEFENCE OF THE RESPONDENT (ELECTIONS
CAMEROON)
“FOR:
“ELECTIONS CAMEROON (ELECAM)
- Ai BI Ay X ;
- Ai BO BV BO ;
- Maître ATANGANA AMOUGOU Joseph — Advocates
« AGAINST :
« -FRITZ Y AR (SDF)
“- CAMEROON PEOPLE DEMOCRATIC MOVEMENT (CPDM)
“MOTIVE OF PETITION:
“REQUEST FOR THE CANCELLATION OF THE LEGISLATIVE ELECTION RESULTS
OF AP 9, 2020 IN FAKO EAST CONSTITU.NCY.
“ELECTORAL CONSTITUENCY:
“FAKO .AST.
“MAY IT PLEASE YOUR LORDSHIPS:
“The Petitioner, Mr Bd Y AR, filed an undated petition at the registry of the
Constitutional Council on the 12” AP 2020, registered as petition No. 24 praying
the Council to cancel the results of the Legislative Election of 09” AP 2020 in the
Fako East Constitu.ncy.
“The petition is however inadmissible for it violates the mandatory provisions of the law;
“IN_LIMINE LITIS: ON THE INADMISSIBILITY OF THE PETITION FOR
VIOLATING THE MANDATORY PROVISIONS OF THE.LAW.
“Section 133(3) of the Electoral code provides;
“Under pain of rejection, the petition shall specify the alleged facts and means. It shall
be posted up within 24 (twenty four) hours of its submission and notified to the parties
concerned who shall be allowed 48(forty eight) hours to submit their replies, against a
receipt.”
“In the same vein, Section 42(3) of Law No.2004/004 of 21“ April 2004 to lay down the
organization and Functioning of the Constitutional Council, provides:;
“The petition shall state the alleged facts of the matter and the grounds therefor. It shall
be posted within 24(twenty four) hours of its submission and sent to the parties
concerned, who shall have a period of 48(forty eight) hours to present their written
submissions, duly acknowledged.”
“From the mandatory provisions of the above cited laws, all petitions before the
constitutional Council for the Cancellation of elections must state the facts and m.ans.
“Upon a careful perusal of the petition of Mr. Bd Y AR, he has vehemently failed
to present the facts and means as required by the above cited .aws.
“Furthermore, Section 55(1) of Law No. 2004/004 of 21“ April 2004; To lay down the
Organization and Functioning of the Constitutional Council, provides;
“Any petition lodged with the Constitutional Council shall bear the date and signature
of the petitioner. The petition should be reasoned and include a summary statement of
the practical and legal grounds therefore.”
“A vivid perusal of the petition is quite glaring that Mr. Bd Y AR never dated
same before filing. Hence it is in violation of the law here in above menti.ned.
“The petition of Mr. Bd Y AR is accordingly inadmiss.ble.
“FOR THE FOLLOWING REASONS:
“And for some other reasons that the Constitutional Council may evoke suo-moto;
“Declare the petition inadmissible and accordingly dismis. it.
“AM BJ
“Yaoundé the 14th AP 2020;
“FOR ELECTIONS CAMEROON (ELECAM)
“Ai BI Ay X
“Ai BO BV BO
“Maître ATANGANA AMOUGOU Joseph »
---Considering that the reply of the Ca AT Bp Bs reads thus:
« OBSERVATIONS DU REPRESENTANT DE L'ETAT DU CAMEROUN (MINAT) SUR
LA DEMANDE D'ANNULATION PARTIELLE DES ELECTIONS LEGISLATIVES DU
09 FEVRIER 2020 DANS LA CIRCONSCRIPTION ELECTORALE DE FAKO OUEST
---A Monsieur le Président du Conseil Constitutionnel, Yaoundé ;
« Plaise au Constitutionnel
« Vu la requête du 12 février 2020 de Sieur Y AR Bd, candidat du Social
AI BL (SDF) aux élections législatives du 09 février2020, enregistré au greffe
de céans sous le numéro 24, aux fins d'annulation partielle des élections législatives dans
la circonscription électorale de Fako Est;
« Attendu qu'au soutien de sa demande Y AR Bd allègue de nombreuses
irrégularités, la fraude et la violation des dispositions du code électoral;
«Mais attendu que l'Etat du Cameroun (MINAT) entend démontrer que cette requête ne
saurait prospérer;
« Attendu que, suivant l'article 133(3) du code électoral, «Sous peine d'irrecevabilité, la
requête doit préciser les faits et les moyens allégués. (. )» ;
« Que dans son recours, Sieur Y AR se contente d'énumérer les faits contestés
sans relever les moyens qui fondent ses réclamations;
« Attendu que suivant l'article 288 du code électoral, «Est puni des peines prévues par
l'article 122-1 du code pénal, celui qui:( … ) à l'aide de fausses nouvelles, de propos
calomnieux ou autres manœuvres frauduleuses, supprime ou détourne des suffrages,
détermine un ou plusieurs électeurs à s'abstenir de voter» ;
« Qu'en l'espèce, le requérant n'a joint aucune pièce à son recours de nature à confirmer
ses allégations;
« Attendu au demeurant que le requérant ne démontre pas en quoi les griefs allégués ont
pu avoir une incidence certaine sur le résultat des dites élections;
« Par ces motifs et tous autres à en déduire ou suppléer d'office,
« Plaise au Conseil Constitutionnel de :
« -recevoir l'Etat du Cameroun (MINA T) en ses observations et l'y dire fondé;
« -déclarer irrecevable le recours introduit par Sieur Y AR Bd aux fins
d'annulation partielle des élections législatives du 09 février 2020 dans la
circonscription électorale de Fako Est;
« -déclarer ledit recours non justifié, surabondamment;
« -le rejeter en conséquence,
« Et ce sera justice ;
« Yaoundé, le 14 février 2020
« Le Représentant de l'Etat
« (é) MBENOUN Am Ad » ;
ON THE ADMISSIBILITY OF THE PETITION
---Considering that disputes on the election of members of the National Bh are
governed by the Electoral Code and not by law no. 2004/4 of 21 april 2004 to lay down
the organisation and functioning of the Constitutional Council as amended and
supplemented by law no. 2012/15 of 21 december 2012;
---That indeed, contrary to the submissions of respondents, section 45 of the said
“organic” law referred to above clearly provides that presidential election disputes shall be
governed by the electoral laws in force;
---That henceforth, sections 132 and 133 of the Electoral Code to which section 168
relates for parliamentary elections are applicable to the detriment of the provisions of the
organic law on which the submissions in reply of respondents are based;
---Considering that in this regard, pursuant to section 132(2) referred to above, the
Constitutional Council “shall rule on all petitions filed by any candidate, any political
party which took part in the election or any person serving as a representative of the Administration for the election, requesting ON the total or partial cancellation of election operations.”;
---That for its part, section 133(1) and (3) provides:
“(1) AI 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 “(3) Under pain of rejection, the petition shall specify the alleged facts and means…”;
---That from a reading of the provisions referred to above, admissibility of a petition must fulfil three (3) conditions namely, the petitioner must have locus standi, respect the time limit provided for by law, and clearly state the facts and points of law alleged;
---That in this matter, the petition referred to above complies with the legal provisions cited above;
---That it is proper to declare the petition admissible.
THE MERITS
---Considering that the issue of polling centres has been raised by the petitioner only
during oral arguments at the hearing and that it is not contained in the initial petiti.n.
---That the aforementioned issue in this presence case is a new petition and as such is
being brought before this Council out of ti.e.
---That it is proper to dismiss the new petition according.y.
---Considering furthermore that the petitioner in the present case attached a Report by the
Bailiff with statements of the militants of the petitioner’s political par.y.
---That the petitioner also attached pictures which do not indicate what is contained in
his application and even spoke of video tapes which were not filed with the petiti.n.
---Considering that he who comes to equity must come with clean han.s.
---Considering that the principle of law is that he who alleges must prove the allegati.n.
---Considering the above principle is about the process of disclosure. That when the facts
and evidence relied by a party are disclosed to the other party, it gives him the
opportunity to challenge the evidence through research or discovery to rebut what the
other party has established and it prevents the other party from being ambushe..
---That disclosure is an important element to a fair tri.l.
---Considering that the petitioner has failed to file the evidence in support of the
allegations contained in the petiti.n.
---That it is proper to dismiss the petition for lack of evidenc..
UPON THESE GROUNDS:
---The Constitutional Council, after a full hearing in open Court on post-electoral disputes
as final jurisdiction with the unanimous vote of its members;
---Declares the petition of Bd Y AR admissible;
---Rejects the issue of polling centres as having been raised by the petitioner only during
the oral arguments;
---Dismisses the petition for lack of evidence;
---Declares that there is no order as to costs;
---Orders that this Ruling be served forthwith on the Bl Bw, the Minister of
Bp Bs, and the parties concerned, and be published in the Al
Bk in English and French;
---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 ;
---In witness whereof, this present decision has been signed by the President, the
Secretary- General and countersigned by the Interim Registrar-In-Chi.f.
THE PRESIDENT THE SECRERATY-GENERAL
Clément ATANGANA MALEGHO Joseph ASEH
THE INTERIM REGISTRAR-IN-CHIEF
HAMADJODA