CI-NEWS

Special status for Anglophones:Answer lies in Draft Constitution of the Federal Republic of Cameroon

2019-10-28

No: 453

Special status for Anglophones:Answer lies in Draft Constitution of the Federal Republic of Cameroon submitted by AAC Standing Committee but snubbed by the Owona Committee!

The non-consideration of the Draft Constitution of the Federal Republic of Cameroon prepared and submitted by AAC Standing Committee before the Technical Committee on Constitutional Reform set up by presidential order on 17 May 1993 provided the spark for the Anglophone struggle which since morphed into an armed conflict sponsored by radicals who felt bereft of an identity. The Horizon in this issue publishes that proposal which observer say should provide a foundation for the special status now clamoured for after the holding of the Major National Dialogue.

CONSTITUTIONAL REFORM IN CAMEROON

DRAFT CONSTITUTION OF THE FEDERAL REPUBLIC OF CAMEROON

PREPARED, OFFICIALLY SUBMITTED AND RELEASED
FOR GENERAL PUBLIC DISCUSSION BY :

THE STANDING COMMTTEE Of
THE ALL ANGLOPHONE CONFERENCE

The Force of Argument, Not the Argument ofForce

July, 1993
Editor's Note

On 26 May 1993, the Standing Committee of the All Anglophone Conference formally tabled before the Technical Committee on Constitutional Reform set up by presidential order on 17 May 1993 a draft constitution which, because it proposes the adoption of a federal form of government for Cameroon, has come to be known as the "Draft Constitution of the Federal Republic of Cameroon" - "the federalist draft", for short. This was done in response to the call made by the President of the Republic on 30 April 1993 to all interested individuals, groups and associations to contribute to the "large debat" on constitutional reform by handing their proposals to the Technical Committee or forwarding them to the latter by telephone, telex or fax or through local administrative officials.

To the consternation of the entire Nation, Mr. Joseph OWONA, Chairman of the Technical committee, publicly announced on television at the close of the Committee's work in June 1993, that his Committee had not examined the draft constitution tabled by the Standing Committee of the All Anglophone Conference because, as he claimed, its authors had not been present to discuss it with the Committee. This sent everyone wondering whether Mr. OWONA and his Committee had examined any of the more than one thousand contributors which he informed the country had been received from the general public, none of whose authors had attended the Committee to discuss their proposals.

The Standing Committee of the All Anglophone Conference is pleased to release now for general public discussion the updated version of the constitutional proposals which it tabled on 26 May 1993. As anyone can see, these proposals have been conceived to deal with the specific problems of Cameroonian society and governance and to satisfy as much as possible the interests of all Cameroonians and of all parts of Cameroon. The present version takes into account the numerous suggestions, recommendations and comments which we received from the four corners of Cameroon up to and including today, July 31, 1993.

While waiting for the formal examination of this draft constitution by the Cameroonian people in subsequent stages of the "large debat" organized by the Head of State, we would welcome any further suggestions for the improvement of proposals in the greater interest of the Cameroonian people. The Standing Committee of the All Anglophone Conference requests you, therefore, to 'forward any additional contributions either by post to: P.O. Box 11460, YAOUNDE or by telephone/telefax to: (237) 317619.

Dr. Simon MUNZU
EDITOR

INTRODUCTION

CAMEROON:

The New Federalism, The New State

The Cameroon geo-political entity has never had the good fortune to debate its political, economic, social and cultural options. We, the people of Cameroon, have never had any debate as to who we are, where we come from, where we are going, what we have, and whether we have the potential and the collective will to accept each other as equals and to perform as one country under God and the Law.

Mindful of this fact, we are here proposing to the Cameroonian people this draft constitution. It is for discussion and suggestions for improvement with a view to its eventual adoption. It was conceived by, and born of the people for the people. We believe it meets their collective and legitimate expectations. We believe it lays a foundation of steel for genuine, lasting and meaningful union of the two Cameroons and for the peace, happiness, security and prosperity of the peoples of Cameroon.

The proposed draft constitution defines the relationship between the people and their government. It structures governmental power so that it is limited and controlled. For, the very idea of constitutionalism involves the recognition of restraint in politics and in government.

As the supreme law of the land, the constitution must be acceptable to all the peoples of this land. If it is not, it must fail. The constitution should be the shield of democracy under which the people as a whole govern themselves as a free people. It should not be a tyrannical instrument under which the people or a part thereof are governed in bondage.

In the composite State that Cameroon is, the constitution must satisfy the disparate aspirations of its two founding peoples. It must do so by addressing the concerns of both about a lasting and just union in which their respective ideals and values are respected. The constitutional arrangement most conducive to this is a federal system based on the idea of democracy, limited government and the horizontal and vertical distribution and sharing of power.

The unitary system, no matter' how camouflaged (decorative federalism, 1961 - 1972; disguised Jacobin-Bonapartist unitarism, 1972-1982; aggressive annexationist unitarism, 1982-1993; paper-decentralized unitarism now being touted by the BIYA-OWONA duo) has secreted and will always secrete totalitarianism and all the ills that go with it. Unitarism has woefully failed in this land.

As a result, the draft constitution we are proudly proposing for this country is federalist.

Federalism is a form of political organization designed to promote both effectiveness and liberty. In a federation separate polities are united within an overarching framework in such a way that all maintain their fundamental integrity. A federation brings together a number of different political communities with a common government for common purpose, for the general welfare and for common defense. In addition, separate state and/or provincial governments exist for the particular purposes of each community.

Australia, Argentina, Brazil, Belgium, India, Germany, Malaysia, Pakistan, Russia and the United States of America are all federal states. Today, it is quite clear that federalism holds the key to the survival of many African states as geo-political entities. Already, Nigeria and the Comoros are federal States. Zaire, South Africa, Ethiopia, Somalia, Sudan and, we dare predict, Angola and Liberia, will undoubtedly go federal because of their ethnic or cultural specificities. The future, therefore, lies with federalism.

This is not surprising. Federalism is the alternative to the model of authoritarian centralized political authority developed by the Jacobins and Napoleon during the French Revolution of 1789. The unitary model in fact produces despotism. Federalism on the other hand provides a solution to the problems of balancing liberty and authority, of the dysfunctional aspect of bureaucracy, and of uneven economic, social, cultural and infrastructural development. It ensures that the interest of the public is more easily expressed and perceived. It ensures that the interest of the public is better understood and more within the reach of every citizen. Abuses of power are minimized and, of course, the citizen is better protected from a predatory central power. Federalism in Cameroon will undoubtedly transform the current agitating nationalism in the country into constitutional nationalism. It will represent a move away from feudal totalitarianism begotten by unitarism, to democratic liberalism in business, culture, government, development and politics. In fact, federalism is a republican remedy for republican diseases.

Among many other values which it has, federalism imposes restraints on the concentration and abuse of power; promotes the educational values of civic participation; creates and sustains a' sense of community and belonging in all the Citizens; encourages an open and competitive pluralistic society, which is advantageous to progress: ensures that local solutions are found to local problems; allows states and/or provinces to serve as laboratories to try novel/social and economic experiments without risk to the country; aims at achieving unity while also preserving diversity: makes for accountable government; grants the right of choice and provides a vertical separation and distribution of powers, separation of powers itself being conceived as a means of providing energetic, yet controlled, Government. These values that federalism fosters are important if disparate national and ethnic groups are to live in conditions of peace, democracy, freedom and prosperity within a single polity.

In 1961, the Southern Cameroons, as one of the two founding entities of the unified Cameroon polity, while ready for genuine union, was nevertheless insistent, as we are rightly insisting today, on each federating entity maintaining its identity, culture, values, institutions and language. Despite the deep divergences of economic interest, of language, law, education, political culture, values, and infrastructure between Anglophone Southern Cameroons and francophone Republique du Cameroun, we are today proposing a true federation with a strong and effective central government and parliament. At the same time, we are also proposing a large measure of political, financial and fiscal autonomy for the two component states, for the provinces within each state, and for the local councils within each province.

Federalist and Unitarist Decentralization

It is important to be clear about the differences between modern federalism on the one hand, and administrative decentralization which may obtain in a unitary state, on the other hand. In a federal system, decentralization signifies the constitutional separation, distribution and sharing of power between the national polity and sub-national entities. These sub-national entities are constitutionally protected political bodies. Their status is assured by the constitution. They are considered as political communities. They enjoy a more or less wide political, fiscal, and financial autonomy. They are not mere administrative units of the central government. The central government itself is not the creature of the federated states. In the federalist perspective the people are sovereign and simply delegate power to both the central government and the various sub-national entities.

The unitarist-centralist model of government is a threat to republican liberty. It is a threat because it dangerously concentrates power on the executive branch and tilts the government toward monarchy in all but name. Dividing power between the federal government and the states and provinces lessens this danger. It permits these sub-national entities to govern themselves, within certain limits, in ways which are most appropriate to their distinctive characteristics, value systems and political cultures.

Decentralization in a unitary state, by contrast, simply means the delegation, by commands and decrees, of limited administrative authority to sub-national units. Such sub-national entities are administrative agencies of the government, created by it at its absolute discretion to do tasks which it assigns to them at its discretion, with no power to limit or resist that government.

Even when they happen to be mentioned in the constitution, sub- national entities in a unitary system are not polities. They are not political communities. They have no political power. They enjoy no real autonomy: fiscal, financial, political or administrative. They exercise no part of sovereignty. All they have is such limited and subordinate administrative authority as has been delegated to them. In a unitary state both political power and administrative authority remain in the centre and rest in an omnipotent executive. In a unitary state, no matter the degree of decentralization, power and the source of authority never leave the centre. Thus, unitarist decentralization means a mere 'authority-delegation' while federalist decentralization signifies 'power-sharing'.

Federalism, Secession,

Free Movement and Natural Resources

Federalism is not secession. Federation means the joining together in a union. Different entities are brought together by covenant. A new and distinct body is thereby created. But the individuality of each federating entity is recognized and maintained. Federalism is therefore unity in diversity.

Within a province, each ethnic group maintains its individuality and goes about its own affairs; but there is provincial unity and there are matters which only the province can handle: Within an ethnic group, each village maintains its individuality and governs itself; but there is tribal unity and there are issues which fall to be dealt with by the ethnic group. Within a village each family maintains its individuality and manages its own affairs; but there is village unity and there are certain matters which are handled only at the level of the family. It is the same with federation: each component part of the federation maintains its individuality, and governs itself; but there is national unity and there are subject-matters which only the national government may deal with such as defense, foreign affairs, petroleum, other natural resources. etc.

Secession is the direct opposite of federation. It is the act of withdrawal from membership of a group which one has always been a part. It is an act of moving away, a breaking away. It is always unilateral, i.e. not done by and with the consent of the other member(s) of the group. Given its momentousness and import, secession is generally never resorted to for light and transient reasons.

Secession must be distinguished from the voluntary and peaceful liquidation, by the parties concerned, of a federation or union that has demonstrably failed. The erstwhile Soviet Union, Czechoslovakia and Sene-Gambia are cases in point. It must also be distinguished from the unilateral or multilateral renunciation of a union covenant between political entities. With such a renunciation the said entities revive and resume their separate stations among the nations of the World. With regard to the issue of freedom of movement, a federal system does not mean that citizens will be confined to their respective areas of origin. In a federation there is freedom of movement of persons, goods and services. There is only one citizenship. Every citizen is free to move, live, settle, work, seek employment, trade, and, subject to certain qualifications, run for public office, in any state or province.

This Draft Constitution

This draft constitution sets forth general political ideas and provides the blueprint for the system of government at federal, state, provincial and local council level. The entire draft runs to over three hundred articles. It is divided into parts, chapters, and articles, each with a heading. Without sacrificing legal phraseology and draftsmanship, the language of the draft is simple and straight forward. This, together with the attractive presentation, makes the document easy to read, to understand, to consult and to cite.

The draft opens with a Preamble which invokes God, recalls the political and the historical roots of Cameroon federalism and the basis and purpose of government. The preamble does not lay down any ascertainable or justiciable rights. But it remains part and parcel of the constitution because, in the language of article 14, it shall guide all citizens, authorities and institutions in applying or interpreting this constitution or any other Law. This lays to rest the academic quarrel as to the constitutional worth or value of a preamble to the constitution.

Our invocation of God, whether in the preamble or elsewhere in the constitution, does not constitute the establishment of religion as the business of the State. Nor does it mean the subordination of the State to the Church. Under our draft, the State remains secular. But to say that a State is secular in a country whose citizens profoundly believe in God and fervently worship in various forms in their daily lives is not to prohibit reference to belief in, reliance upon, or invocation of the aid of God in any governmental or public document, proceeding, activity, ceremony, school, institution or place.

The draft designates the constitution as the Supreme Law of Cameroon. This means that when constitutions of the federated states, or when laws by provincial state or Federal Legislature are found to be in conflict with the federal Constitution, they have no force to the extent of the inconsistency with the Federal Constitution. It is envisioned that the Federal Supreme Court (Constitutional Bench) will play a vital role in strengthening this doctrine of constitutional supremacy. Where does the constitution stand vis-a-vis international treaties or agreements? The monist and dualist debate among academic lawyers is resolved by providing that ratified and/or approved international treaties or agreements take precedence over internal legislation.

Human Rights provisions are detailed, specific, clear, entrenched and made justiciable before the High Court. In doing this, we seek to promote and sustain a civic culture of human rights. For, human rights define human relations. We have included in our list third generation rights and new rights such as those of the sick, the disabled and the rural population. Citizens’rights are counterbalanced with duties of citizens: duties to the family, society and the state. Worthy of note is the duty placed on every citizen “to resist every attempt to set aside this Constitution, to overthrow the constitutional government or to seize power by coup d’état or exercise power tyrannically". With regard to the exercise of emergency powers, scrupulous safeguards have been provided against abuse. Parliament continues to meet, the jurisdiction of the courts cannot be ousted and human rights cannot be completely taken away.

Citizenship is clearly and simply defined in the draft. No person who is a Cameroonian by birth can be deprived of his citizenship. Nor can a Cameroonian citizen be extradited for trial abroad. The draft accepts dual citizenship.

One major innovation of the draft is the chapter on directive principles of national policy and action. The policy of the country is a matter too serious to be left to an individual, be he the President of the Republic. Once the directive principles of national policy and action have been spelt out in the constitution as we have done, the President only defines the policies of his government based on his electoral platform.

With regard to the structure of the State, a striking feature of our proposal itself very original is what may be described as a federation within a federation. The reason is simple. Our document seeks to build not only for the present but for the future of the nation. Hence our effort to set up a structure of government that would work for the present and future generations. The spectrum of governmental units envisioned in the draft covers the federal, state, provincial and local council levels.

Our federalist proposal, anchored as it is, in our belief in the value of sharing, cooperation and self-reliance as a vital vehicle of development, is itself a constitutional attack on poverty. In our scheme of things, the federated states and the provinces function not only as polities but also as middle managers in that they play an important administrative role in implementing federal programmes.

A two-tier federation is probably new. But it is absolutely necessary in our country given the facticity and peculiarity of our situation as well as our collective and individual experiences these past thirty-two years. Our draft is designed to deal with people's legitimate concerns worries and fears. It is designed to solve specific problems plaguing the body politic. It is not designed merely to conform to some bookish theory or model propounded by some political scientist. We craft a system and leave it to political scientists to analyze and give it a name or classify it under whatever model. In our document, therefore, we have created two levels of federation. External federation made up of Southern Cameroons and Republique du Cameroun as the founding polities of the present day Cameroon; and internal federation constituted by autonomous provinces within each of the two federated states. External federation answers the exigencies of a return to the 1961 federalist legality and ensures the effective participation of Anglophones in the exercise of power in the centre. It also seeks to allay the well-founded Anglophone fears of Francophone domination, marginalization, and sustained annexationist-assimilationist efforts. Internal federalism, on the other hand, provides the answer to inter-tribal and inter-provincial squabbles and bitterness over the unjust distribution of jobs; social amenities and development infrastructure. It seeks to resolve the problem of ethnic minorities and to put an end to the domination of one ethnic group or province over another. Both levels of federalism are expressions of the right of internal self-determination. Without these important safeguards it would be necessary to write into the constitution the right to secession as is the case in the constitutions of many a pluralistic and complex society.

A basic principle in our draft is that of separation of powers between
the three main branches of government: executive, legislative, judicial. Each branch is separate and distinct from the other. The powers given to each are delicately balanced by the powers of the other two. Each branch also serves as a check on potential excesses of the other. However, in order to avoid chaos and ensure effective and purposeful governance the draft makes sure that all three branches are connected and blended so as to make for proper cooperation.

The draft vests all legislative power in the Legislature which, at both federal, state and provincial levels, is bicameral. This, together with the requirement that all bills be published in the Official Gazette at least 15 days before being tabled in Parliament, is meant to ensure that laws are not passed hurriedly or carelessly, that each House can always check the other, that there is no legislation by ambush as has hitherto been the case, and that the legislature never becomes impotent or a rubber stamp for presidential decisions. .

The federal legislature or Parliament is composed of two Houses: a Senate and a National Assembly (NA). Members of both Houses are elected by direct universal suffrage. The Senate is made up of twenty- four members from each of the two federated states and four from the federal capital territory. Membership of the National Assembly is based on population - one member representing one hundred thousand people.

The National Assembly is national because it represents the people rather than the component states. The Senate, on the other hand, is federal for it represents the states equally, not the people.

The legislature in each state comprises the State Representative Council (SRC) and the State House of Chiefs (SHC). Members of the state legislature are part-timers. They are drawn from the provincial legislature. Each Provincial House of Assembly sends an equal number of assemblymen, elected from among its members, to the State Representative Council. Likewise, each Provincial Chiefs' Conference elects an equal number of chiefs from among its members, to the State House of Chiefs.

The Provincial House of Assembly (PHA) and the Provincial Chiefs Conference (PCC) constitute the provincial Legislature in each province. Members of the Provincial House of Assembly are elected by direct universal suffrage from single-member constituencies as in the case of election of members to the National Assembly. Presumably, all chiefs in each province are members of the Provincial Chiefs' Conference. It is to be expected that the state and the provincial legislatures will reflect the distribution of the population (minorities as well as the rural and urban people) and the various interest groups within the state or province.

As far as the executive goes, the draft has advisedly opted for a presidential system at the federal level. We believe it is necessary to have a strong elected government directly responsive to the will of the people. Government must be sufficiently powerful to accomplish the purposes for which it was created. At the same time, however, government must be restrained, open, and limited so that it does not succumb to the encroaching spirit of power, so that it does not itself threaten the fundamental rights of the people. That is why in the draft, certain presidential actions require Parliamentary approval or confirmation; others are taken only after prior consultation with or on the advice of certain bodies or agencies; and administrative actions are subject to judicial review. The President and Vice are required to declare their assets and liabilities before beginning to perform the functions of their office.

We reject the semi-presidential system because it is a half-way house that would institutionalize governmental chaos, inefficiency, ineffectiveness, opacity, ineptitude arid political wrangling and instability. Our preference for a presidential system ensures that a responsible party government is enabled to formulate its policy, enact its programme and then take the consequences for it.

The source of federal executive power is essentially national since the President and the Vice President are elected directly by the people. In order to ensure that the two component states of the union participate and are seen to participate in the exercise of national sovereignty two ideas have been introduced. First, the President and his Vice cannot come from the same federated state. Secondly, a system of rotation is necessary at the head of the executive. It is well known that a long continuance by one person in the office of chief executive is dangerous to liberty. Rotation in that job is one of the best guarantees of permanent freedom. The presidency under our draft cannot be occupied by one person for more than two continuous terms of five years each. Nor can persons from the same federated state occupy the presidency for more
than two continuous terms. Rotation in no way negates democracy. Nor does it necessarily kill political leadership.

If the President or Vice President is guilty of extreme misconduct or malfeasance he can be impeached or, to use the language of modern constitutions, removed from office. Such removal does not bar the prosecution of the erstwhile President or Vice for any crime he may have committed while in office. Since impeachment is a drastic measure the provisions relating to the removal from office of the President or his Vice are detailed and clear. They cover cases of a lame or demonstrably incompetent President, one who has clearly and palpably failed, one who has brought the high office of president into shame and disrepute. We consider removal from office necessary even in these cases because it will be disastrous for the nation to sit supinely for, say, three, four or five years and watch while a lame or monumentally incompetent President plunges the country into political, social and/or economic ruin. Of course, there are many procedural inhibitions in the impeachment process designed to ensure that the power to remove from office on the ground of incompetence or failure or any other ground is not used casually, whimsically or for petty partisan reasons.

The chief executive in each federated state is the Premier assisted by a Deputy Premier. Both are elected on the same ticket by direct universal suffrage and secret ballot by the registered voters of the federated state concerned. Elected for a term of five years renewable once only, the Premier and his Deputy shall not come from the same Province. Nor can the office of Premier be held for more than two consecutive terms by persons from the same province.

At the level of the Province, there is detailed provision on the creation, alteration and merger of provinces, if the local people so wish. We have written these provisions in our draft advisedly. From the various contributions we received from all over the country we know the feeling, in these matters, of the Sawa people from Kribi through Douala to Nkongsamba. We knew the feeling of the Bassa people from Eseka through Muanko to Edea and Yabassi. We know the feelings of the Tikar from Foumban, Bankim, Yoke and Ngambe. We know the feeling of the Pigmy, the Kaka and Mbaya. We know the feelings of the Mundang, Massas, Toupouris and Kirdis. We know the feelings of the Bafia people. We know the feelings of the people of the Lebialem and Manyu Divisions, etc.

The Provincial Chief Executive is the Governor elected by universal suffrage for a term of four years renewable once only. The office of Governor cannot be held consecutively for more than two terms by persons from the same ethnic group or Local Council Area within the Province.

Concerning the third branch of the federal government, the proposed draft constitution has taken pains to ensure that the Judiciary is strong, independent and effective. The courts are rationally organised and their subject-matter jurisdiction well spelt out. There is a Chief Justice of the Federation who is head of the Judiciary. The Attorney-General heads the prosecutorial corps and is at the same time the Federal Minister of Justice.

Other Singular and innovative aspects of the proposed draft federal constitution deal with federal finance, the Auditor-General, the Central Bank, Revenue Allocation, the Army, the Police, the Human Rights and Public Complaints Commission, Chieftaincy, natural resources, Public Service Commission, Electoral Commission ..

A word about our provisions for amendment. We are aware that changes would be needed from time to time if the constitution is to endure and keep pace will the growth of the country. However, we are also conscious that the process of change should not be facile, permitting ill- conceived and hastily passed amendments. We abhor a system of constitutional amendment which will open the door to all sorts of revisions that are dangerous either, to the nation or to the interest of any of its component states or that of a Province. We have therefore devised a dual process by which the constitution can be changed.

Parliament, by a two-thirds vote of all its members, may amend any provision of the constitution. Where, however, a proposed amendment is likely to affect the unity or the federal character or the republican nature of the country or to affect the interest of a federated state or a province thereof, the proposed amendment must be submitted to the verdict of the people by way of referendum. The proposed amendment shall be considered as having been rejected by the people unless at least 60% of the registered voters in each federated state took part in the poll and voted in favour of the amendment.

In conclusion, our draft document exhibits the following features: a
vertical and horizontal power distribution and sharing (between the legislature, executive and judiciary; between the federation, the federated states and provinces) that is fair and responsible, the protection and promotion of our two legal cultures and official languages, the equality in law and of treatment of the two founding entities of the country, extensive provincial autonomy, minority rights and protection, representative government, self-government, openness and accountability, human rights, the duties of citizens ...

Is our proposed draft constitution too long?

Our proposed draft federal constitution is long. But this is amply justifiable. Given the particular and peculiar context of our country (the Anglophone - Francophone dichotomy, inter-ethnic suspicion and rivalry, bad government and unfair distribution of the proverbial 'national cake' ...) and our experience of arbitrary and despotic government since independence and unification some thirty two years ago, it has become absolutely necessary that the constitution should be more detailed.

Our proposed draft, therefore, takes in many matters and goes into detail because the people have continuously been betrayed by those in power: callous disregard for the general welfare of the people and for human lives, arbitrary exercise of power, frequent violations of the constitution for self-serving interests, opacity in managing the country's affairs, lack of accountability, personalization and tribalisation of power .... Indeed, the excesses of despotic executive power wielded by Ahidjo and being wielded by Biya are with us. These are sufficiently weighty reasons to make us extremely wary and suspicious of an all-powerful presidency. Our draft, therefore, represents an understandable and explainable deep distrust of, and a move away from, the type of government under whose yoke we are groaning.

There is another justification for our elaborate document. Our political, social and economic evolution continues to be based on an incoherent patch work of improvisations, trials and error. We have no democratic convention, no democratic political culture. We have no experience or history of democratic institutions. We have no national heroes or role - models to emulate. Our so-called Supreme Court has not laid down a single constitutional law principle. In fact, unlike many countries, especially those of Europe and North America, we in this country, except for the short experience in Anglophone Cameroon, have nothing to go by in terms of constitutionalism and democracy.

For these compelling reasons it would be highly irresponsible of us to leave many constitutional matters to be decided on the whims and caprices of whoever happens to be in power. Our draft therefore seeks to lay down controlled but viable and lasting institutions that are democratic. It seeks to ensure development of democratic conventions and a democratic political culture in this country. When we would have attained these goals we would then be in a position to dispense with a lengthy constitution and have one with perhaps just four or five articles.

Is our proposal unwieldy and costly?

It may appear so to the cursory reader but in reality it is not. The scheme of things provided for in the draft is neat, clean and orderly. Each level of territorial organization is so fashioned as to avoid duplication, waste and time-consumption. Bureaucracy is reduced. The public knows the officials to deal with directly at any given time and in respect of any given matter. Local matters are handled by local council officials, Provincial matters by provincial officials, federated state matters by state officials and federal government matters by federal government officials. This makes for openness, responsibility and accountability. It becomes easier to control and to locate and give praise or apportion blame, as the case may be.

Since the system is designed in-such a way as to make for efficiency, the very fact of the system being efficient highly reduces cost. In any event the overriding interest, happiness and welfare of the people must outweigh any considerations about cost.

Acknowledgement

We thank the Cameroonian people in general and the Anglophone People in particular. We thank them for their sense of maturity; for being open-minded and unselfish; for having the general interest at heart; for clearly pointing out which way they desire to go. The contents of the various contributions sent to us from all over the country clearly demonstrate this fact. We thank them all. We look forward to constructive proposals so that this document may be improved.

We salute the AAC Standing Committee for having entrusted this challenging but exalting task to us. That Committee set up in Buea a Constitutional Sub-Committee to prepare a draft federal constitution for Cameroon bearing in mind Anglophone interest and aspirations within the wider context of national interest and ambition. Members of that Sub- Committee were: Chief Justice G. Ekema (rtd), Mr. Justice A.N.T. Mbu, Barrister B.T.B. Foretia, Barrister C.M. Etinge, Barrister Peter Tumnde, Barrister Mrs Ndolo Ekaney, Dr. Diana Acha-Morfaw, Dr. Nsoh, Barrister Luke Sendze, Barrister Sam Elad, Dr. Simon Munzu and Dr. Carlson Anyangwe. The latter was chosen chairman of the Sub-Committee.

The Sub-Committee broke up into three groups: the Buea -Victoria- Douala group, the Bamenda group, and the Yaounde group. Thereafter, it met and clearly formulated what should go into the proposed draft constitution mindful of the Buea Declaration and the mandate of the AAC Standing Committee. The drudgery of actual drafting was left into the hands of a team of four made up of Mr. Justice Mbu, Barrister Luke Sendze, Dr. Simon Munzu and Dr. Carlson Anyangwe. I wish to thank this team for its cohesion, high sense of duty, various forms of sacrifice and for its tireless efforts to see this job well done. The very high mark which the general public has given to this proposed document should be adequate thanks for the team's selfless and unremitting efforts.

The Constitutional Sub-Committee is pleased to acknowledge the invaluable professional and technical contribution of the Anglophone members of the Private Bar and of the Magistracy, especially members of the Common Law Lawyers' Association of Cameroon.

Our thanks go also to the AAC Standing Committee for its incisive criticism of earlier drafts submitted to it for consideration and the enlightened proposal it made for improvements. This draft proposal is the product of the very high standard it set for the constitutional sub-committee.

It would be a most ungrateful heart that would have no word of thanks for the Cameroon Post group of Newspapers that put its entire personnel and computer equipment, free of charge, at our disposal. Among that personnel Rene Awambeng must be singled out for special mention. He demonstrated a wonderful sense of duty and devotion. He put into the computer both the English and French versions of the document, did the several corrections that we ever so often made, and set out the document for printing. He demanded not a single franc for his time and labour. We also wish to thank Miss Ndifor Margaret, Ngagoue Augustine, Messrs. Richard Adang and Samson Neckmen for their tremendous help in typing. "

Very special mention must be made of the gentlemen who spontaneously, assiduously, and devotedly offered to translate, and did translate, the entire document from English into French at no fee. Such exemplary sense of commitment without financial consideration is seldom seen in our time. We thank them most heartily indeed.

Finally, we thank the progressive private press for its unshakeable stand for a just constitutional order in this country. We bow to the Anglophone private press for its total commitment and whole-hearted dedication to the cause of federalism and, by necessary implication, the cause of national unity, in this country. We doff our hats to Dr. Bob Forbin, Ntemfac Ofege, Paddy Mbawa, Adolf Dipoko, Cyprian Agbor, Hilary Fokum, and the host of others.

We have no doubt that the divine hand of God is on this just and noble enterprise. We are confident He will make it thrive.

Dr. Carlson Anyangwe, law professor,
Chairman of the Constitutional Sub-Committee of
the AAC Standing Committee.

Buea, June 1993.

STANDING COMMITTEE OF THE ALL ANGLOPHONE CONFERENCE

(Pursuant to Resolution 7 of the Buea Conference of 2 and 3 April, 1993).

His Highness Chief Justice Chief S.M.L. ENDELEY
His Highness Dr. GANYONGA III, Fon of Bali

His Highness ABUMBI II, Fon of Bafut

His Highness Chief John AGBOR TABI

His Highness Dr. Chief John EBANJA

His Highness Justice Chief Mathias ALOH EPULI
His Highness Chief Gabriel OPOCK

His Highness Barrister Chief TABETANDO

His Highness Barrister Dr. Chief H.N. ENONCHONG
His Highness Dr. Chief A. ATEM EBAKO

His Highness Chief ITOH

Barrister Mrs. Lydia NDOLO EKANEY
Mrs. Beatrice WAMEY

Mrs. Martha LAMBI

Mrs. Agnes AMA MUNDI
Dr. Diane ACHA-MORFAW
Dr. Simon MUNZU

Dr. Carlson ANY ANGWE.
Dr. Kevin GUMNE

Dr. Omer YEMBE

Dr. Anthony MAlMO.

Dr. Ben JUA

Dr. BOLE BUTAKE

Dr. Arnold YONGBANG
Dr. Dominic AWAMUKALA
Dr. Christopher ATANG

Dr. Mathias ATTEH MUNGU
Dr. Francis E. EKIKO

Dr. Joachim SONGWE

Dr. MBENE

Dr. Boniface FORBIN

Minister Prof. Victor ANOMAH NGU
Minister Dr. Solomon NFOR GWEI

Minister Benjamin M. ITOE
Minister Albert NGOME KOME
Hon. Augustine FORSACK, MP
Governor ENOW TANJONG
Governor Walson M. NTUBA
Chief Justice NYO WAKAI
Chief Justice George EKEMA
Mr. Justice Aloysius N. T. MBU
Mr. Justice NDOPING

Ambassador Chairman Henry FOSSUNG
Ambassador Martin EPIE

Ambassador Z. L. NKWETTA

Barrister Sam EKONTANG ELAD
Barrister B.T.B. FORETIA

Barrister Luke K. SENDZE

Barrister Bernard A. MUNA

Barrister Charles TAKU

Barrister Peter M. TUMNDE

Barrister ETINGE

Barrister Peter TAFFACK

Barrister Anthony AMAZEE

Barrister Gabriel MBINGLO

Chairman NJOH LITUMBE

Mr. Bernard TANTSE TAGNE

Mr. S. N. DIOH

Mr. Sylvester TEH

Mr. Michael TOMDIO

Mr. Albert MUKONG

Mr. P. N. VEWESSE

Mr. YANA ZUMAFOR

Mr. Alexander TAKU

Mr. Caven NNOKO MBELE
Mr. Augustine NDANGAM
Mr. Andrew AZONG WARA
Mr. Moses NKWO

Mr. George NGWANE
Mr. Vincent FEKO

Mr. ADAMU MUSA

'Mr. Emmanuel NDI

Table of Content

Draft Constitution of the Federal Republic of Cameroon

SUMMARY OUTLINE

Preamble

Part one

Sovereignty and the Directive

Principles of State Policy and Action

Chapter I: Sovereignty (Article 1 -13)2

Chapter II: Fundamental principles of state policy and action (Article 14-26)7

Part Two

Citizenship and Fundamental Rights and Duties of Citizens

Chapter III: Citizenship (Article 27-33)12

Chapter IV: Fundamental Rights and Freedoms (Article 34-68)14

Chapter V: Duties of Citizens (Article 69 -72)26

Chapter VI: Emergency powers (Article 73-74)27

Part three

The Federation

Chapter VII: The Federal Parliament (Article 74-102)30

Chapter VIII: The Federal Executive (Article 103-122)43

Chapter XI: The Judiciary (Article 123-146)56

Chapter X: Federal Finances (Article 148-162)65

Chapter XI: National Security (Article 163 -178)72

Chapter XII: Code of Conduct for public officers (Article 179-182)78

Chapter XIII: Special Federal Bodies (Article 183-253)80

Part four

The Federal Capital Territory

Chapter XIV: Creation and status of the Federal Capital Territory (Article 254-255)101

Part Five

The Federated State

Chapter XV: The Federal State Legislator (Article 256-261)102

Chapter XVI: The Federated State of Executive (Article 262 -274)105

Part six

The province

Chapter XVI: Creation Boundaries and Merger of Provinces (Article 275-276)108

Chapter XVIII: Organs of Provincial Government (Article 277-287)109

Chapter XIX: Local Government (Article 288)113

Chapter XX: Chieftaincy (Article 289-293)113

Part seven

Common Provisions and Allocation of Responsibility

Chapter XXI: Common Provisions (Article 295-295)114

Chapter XXII: Allocation of Responsibility (Article 296-299)116

Part Eight

Amendments

Chapter XXIII: Power, Procedure and Referendum of Amendments (Article 300-301)119

Part Nine

Transitional and Miscellaneous Provision

Chapter XXVI: Transitional and Miscellaneous Provision (Article 302 -309)121

Part Ten

Schedule

Forms of Oaths123

DETAILED OUTLINE

PREAMBLE

Part One

Sovereignty and the Directives

Principles of State Policy and Action

ChapterI: SOVERNGITY

Article 1: The Federal Republic of Cameroon

Article 2: National Motto, Flag, Anthem, Seal and Coat of Arms

Article3: The Federal Capital

Article4: Official Language

Article5: Sources of the Laws of the Federal Republic of Cameroon

Article 6: Supremacy of the Constitution

Article7: National Sovereignty

Article8: Separation of Power

Article9: Sources of Authority of Public Officials

Article10: Right of Vote

Article 11: Age of Eligibility

Article 12: Invalidity of Elections or Referendum

Article 13: Political Parties

Chapter II: FUNDAMENTAL PRINCIPLES OF STATE POLICY AND ACTION

Article 14: Compulsory Observation of Fundamental Objectives and Principles of State Policy and Action

Article 15: Equity before the law and Non-Retroactivity of Laws

Article 16: Purpose and Responsibility of Government

Article 17: Appointments to Reflect National Diversity

Article 18: Political Objectives

Article 19: Economic and Environmental Objective

Article 20: Social Objectives

Article 21: Eradication of Illiteracy and Acquisition of Knowledge

Article 22: Cameroonian Culture

Article 23: Rights of Media to inform the public

Article 24: Responsibility of the state to Educate the Citizens on their Rights

Article 25: Foreign Policy Objectives

Article 26: Restriction on use of armedforces, public media, civil servants and public property for partisan interest.

Part two

Citizenship and Fundamental Rights and Duties of Citizens

Chapter III: CITIZENSHIP

Article 27: Methods of Acquiring Citizenship

Article 28: Citizenship by Birth

Article 29: Citizenship by Registration

Article 30: Citizenship by Naturalization

Article 31: Conferment of Citizenship

Article 32: Loss of Citizenship

Article 33: Right of Parliament to Regulate Acquisition or Loss of Citizenship and Special Immigration Status

Chapter IV: FUNDAMENTAL RIGHTS AND FREEDOMS OF CITIZENS

Article 34: Protection of Fundamental Rights and Freedom

Article 35: Incorporation by Reference of International Human Rights Instruments

Article 36: Entitlement to specific Rights and Freedoms

Article 37: Right to Life

Article 38: Human Dignity

Article 39: Personal Liberty

Article 40: Arrest and Detention and Right of silence

Article 41: Arrest to be brought to Court within 72hours

Article 42: compensation and Apology for wrongful Arrest or Detention

Article 43: Arrest and Detention of Members of the Aim Forces and Illegal Immigrations

Article 44: Search and Seizure

Article 45: Right to Fair Hearing

Article 46: Presumption of Innocence

Article 47: Person Not Compellable To Give Evidence Against Self or Spouse

Article 48: Previous Conviction or Acquittal

Article 49: Non-retrospection of Criminal Laws and Punishment

Article 50: Freedom from Discrimination

Article 51: Right to Privacy

Article 52: Property Rights

Article 53: Protection form Deprivation

Article 54: Family

Article 55: Children’s Rights

Article 56: Political Activity

Article 57: Right to Seek Redress

Article 58: Education

Article 59: Conditions of work

Article 60: Right of the Rural Population

Article 61: Rights of Disabled Person

Article 62: Right of the Sick

Article 63: Religion

Article 64: General Fundamental Freedoms

Article 65: Other Right Not Excluded

Article 66: Enforcement of Fundamental Rights and Freedom

Article 67: Enforcement of Protective Provision

Article 68: Prohibition of Injurious Customs

Article 69: Derogation

CHAPTER V: DUTIES OF CITIZENS

Article 70: Duties to the Family

Article 71: Duties to Society

Article 72: Duties to the State

CHAPTER VI: EMERGENCY POWERS

Article 73: Declaration of State of Emergency

Article 74: Detention under Emergency Laws

Part Three

The Federation

CHAPTER VII: THE FEDERAL LEGISLATURE

Article 75: Establishment of the Federal Parliament

Article 76: Parliament to be guided by the institution

Article 77: Functions and Powers of the Parliament

Article 78: Joint Setting of parliament

THE NATIONAL ASSEMBLY

Article 79: Mandate

Article 80: Composition and constituencies

Article 81: Candidacy

THE SENATE

Article 82: Composition

Article 83: Election of Senators

COMMON PROVISIONS

Article 84: Qualifications and Disqualification for Members of Parliament and Procedure for Election

Article 85: Election Disputes

Article 86: Oaths of Members of Parliament

Article 87: Declarations of Assets and Liability

Article 88: Declaration of Direct Pecuniary Interest.

Article 89: Officers of each House of Parliament

Article 90: Parliamentary Majority and Minority

Article 91: Duties, Privileges and Immunities of members of parliament

Articles 92: Remuneration of Members of Parliament

Articles 93: Duration of Parliament term

Article 94: Vacation of Seats and Bye-elections

Article 95: Language of Parliament and Simultaneous Language

Article 96: Sessions of Parliament

Article 97: The Agenda

Article 98: Quorum and Requisite Majorities

Article 99: Introduction of Bills

Article 100: Mode of Exercising Legislative Power

Article 1o1: Enrolment and Dissemination of Acts

Article 102: Administration of the Houses of Parliament

Chapter VIII: THE FEDERAL EXECUTIVE

Article 103: Executive Power and Establishment Office of the Presidential of the Federal Republic

Article 104: President- Qualifications, Disqualification and Incompatibilities

Article 105: Tenure of Office of President

Article 106: Removal from Office of President or Vice President

Article 107: Functions, powers and duties of the president

Article 108: Remuneration

Article 109: Declaration of Assets and Liabilities: Presidential Oaths

Article 110: Election of President

Article 112: Absence from Country

Article 113: Public and Presidential Seals

Article 114: Presidential immunity

Article 115: The Vice President

Article 116: Unavailability of Bothe President and Vice President

Article 117: Order of Precedence

Article 118: The Federal Cabinet (Federal Ministers)

Article 119: Vote of Censure of Federal Ministers

Article 120: Attorney General of the Federation

Article 121: The Prosecutor General

Article 122: Special Adverse

CHAPTER IX: THE JUDICIARY

Article 123: Judicial power and Independence

Article 124: Appointment of Judges

Article 125: Judicial Oath

Article 126: Tenure of Office

Article 127: Removal from Office

Article 128: Salaries, Pensions, etc Guaranteed

Article 129: Judicial Immunity and Impartiality

Article 130: Applicable Law, Practice and Procedure

Article 131: Public Nature of Court Proceeding

Article 132: Binding Nature of Decisions- President

Article 133: Enforcement of Court Judgment and orders

THE FEDERAL SUPPREME COURT

Article 134: Composition

Article 135: Quorum

Article 136: Qualification for Appointment as Justice of the Federal Supreme Court

Article 137: Original Jurisdiction

Article 138: Appellate Jurisdiction of the Federal Supreme Court

Article 139: Supervisory Jurisdiction of the Federal Supreme Court

Article 140: Rules of the Federal Supreme court

FEDERATED STATE SUPPREME COURTS

Article 142: Establishments and Jurisdiction

Article 143: Qualification for Appointment as Justice of the Supreme Court of a Federate State or of the Provincial Court of Appeal

PROVINCIAL COURTS OF APPEAL AND OTHER LOWER COURTS

Article 144: Power of Establish Court

Article 145: Court of Interior Jurisdiction

Article 146: Jurisdiction Lower Courts

CHAPTER X: FEDERAL FINANCIES

Article 147: Taxation

Article 148: Consolidated Revenue Fund

Article 149: Withdrawal from the Consolidated Revenue Fund

Article 150: Preparation of Presentation of Appropriation Bill

Article 151: Supplementary Estimates

Article 152: Estimates for over One Year

Article 153: Authorization of Expenditure in Default of Appropriation

Article 154: Contingency Fund

Article 155: Loans

Articles 156: public Debt

Article 157: Central Bank

Article 158: Foreign Exchange Balance

Article 159: Foreign Participation in Business

Article 160: The Statistical Service

Articles 161: The Auditor General

Article 162: International, Economic, Financial and Monetary Cooperation

CHAPTER XI: NATIONAL SECURITY

NATIONAL SECURITY COUNCIL

Article 163: Composition

Article 164: Function

Article 165: National Security Agencies to be Established only by Consultation

THE ARMED FORCES OF CAMEROON

Article 166: Composition

Article 167: Functions

Article 168: Arm Forces Subject to Rule of Law

Article 169: Strength, Barracks

Article 170: Federal Civil Defense Council Organization

Article 171: Federal Defense Council

Article 172: Functions of the Federal Defense Council

Article 173: chief of Defense Staff

Article 174: Appointments

Article 175: The National Gendarmerie

THE POLICE FORCE

Article 176: Establishment of the Police Force

Article 177: Federal Police Agency

Article 178: Regulation by Act of Parliament

CHAPTER XII: CODE OF CONDUCT FOR PUBLIC OFFICERS

Article 179: Conflict of the Police Force

Article 180: Exclusion from of Appointment

Article181: Declaration of Assets and Liabilities

Article 182: Complains of Contraventions

CHAPTER XIII: SPECIAL FEDERAL BODIES

Articles 183: Establishment of Special Federal Bodies

Article 184: Qualification for Membership

Article 185: Power of Appointment

Article 186: Tenure of Office and Removal Therefrom

Article 187: Independence of Bodies, Quorum

NATIONAL ELECTORAL COMMISSION

Article 188: Composition of National Electoral Commission

Article 189: Functions of the Commission

Article 190: Independence of the Commission

Article 191: Appeals from Decision of Decision of Commission

Article 192: Voting at Elections and Referenda

Article 193: Elections of candidates

Article 194: Regulations for Elections and Referenda

Article 195: Appointment of Staff and Expenses of Commission

THE NATIONAL JUDICIAL SERVICE COMMISSION

Article 196: Composition of the Commission

Article 197: Functions of the Commission

Article 198: Staff and Expenses of the Commission

THE MEDIA

Article 199: Freedom and Responsibility of Media

Article 200: Responsibility of State own media

Article 201: Limitations on Right and Freedoms of the Media

Article 202: Media Right and Freedom to be Additional to Fundamental Human Right

Article 203: National Media Commission

Article 204: Functions of the Commission

Article 205: Appointments of Board Members of State Own Media

Article 206: Appointments of Editors and Heads

Article 207: Staff of Commission

Article 208: Expenses of commission Charge on Consolidated Funds

Article 209: Independence of Commissions

Article 210: Independence of Journalist

REVENUE MOBILISATION AND ALLOCATION

Article 211: Revenue Collection

Article 212: Revenue Distribution

Article 213: Federal Grinds-in –Aid

Article 214: Revenue Allocation Commission

THE FEDERAL PUBLIC SERVICE

Article 215: The Federal public services of Cameroon

Article 216: Protection of Public Officers

Article 217: Establishment of Public Corporation

Article 218: Federal Public Services Commission

Article 219: Appointment,etc, of Public Office Services

Article 220: Other Functions of the Public Service Commission

Article 221: Regulations

Article 222: Independence of Commission

Article223: Retiring Age and Pensions

NATIONAL COMMISSION OF HUMAN RIGHT AND PUBUIC COMPLAINTS

Article 224: Establishment of Commission

Article 225: Appointment of Members of Commission

Article 226: Functions of Commission

Article 227: Special Powers of Investigation

Article 228: Federated State and Provincial Branches of Commission

Article229: Qualifications of Commissioners

Article 230: Commission of Not to Hold Other Public Offices

Article 231: Terms and Conditions of Sales of Commissioners

Article 232: Appointment of Acting Commissioner

Article 233: Independence of Commission and Commission

Article 234: Appointment of Staff

Article 235: Expenses on Commission Charged On Consolidated Fund

Article 236: Removal of Commissioners

Article 237: Initiation of Legal Proceedings

FEDERAL COMMISSION FOR CIVIC EDUCATION

Article 238: Membership of Commission

Article 239: Functions of Commission

Article 240: Independence of Commission

Article 241: Removal of Chairman and Deputy Chairman

Article 242: Federated State and Provincial Branches of Commission

Article 243: Appointment of Staff

Article 244: Expenses of Commission Charge on Consolidated Fund

PUBLIC LANDS AND NATURAL RESOURCES

Article 245: Public Lands and Other Public Property

Article 246: Parliamentary Ratification of Agreements Relating To Natural Resources

Article 247: Natural Resources Commissions

COMMISSION OF ENQUIRY

Article 248: Appointment of Commission of Inquiry

Article 249: Powers of Commission of Inquiry

Article 250: Functions of Commissions of Inquiry

Article 251: Inquiry Procedure

Article 252: Assistance by Lawyers or Other Experts

Article 253: Immunities and Privileges of Witnesses

Part Four

The Federal Capital Territory

CHAPTER XIV: CREATION AND STATUS OF THE FEDERAL CAPITAL TERRITORY

Article 254: Creation of the Federal Capital Territory

Article 255: Status of the Federal Capital Territory

Part Five

The Federated State

CHAPTER XV: THE FEDERATED STATE LEGISLATURE

Article 256: The Federated State Legislature

Article 257: The State Representative Council

Article 258: Terms of Office

Article 259: The State House of Chiefs

Article 260: Terms of Office of House of Chiefs

Article 261: Power of Federated State Legislature

CHAPTER XVI: THE FEDERATED STATE EXECUTIVE

Article 262: Chief of Executive of Federated State

Article 263: Election of Premier and Deputy

Article 264: Terms of Office of Premier and Deputy

Article 265: Rotation of Office of Premier

Article 266: Answerability of Premier

Article 267: State Executive

Article 268: Functions

Article 269: Contact between Federated State and Provinces

Article 270: Federated State and Provinces as Federal Agent

Article 271: Consultation on treaties And Power to Conclude Treaties

Article 272: State Police Force

Article273: State Prison Services

Article 274: State Regulations of Mass Media, Code of Conduct and Special Bodies

Part Six

The Province

CHAPTER XVII: CREATION OF BOUNDARIES AND MERGER OF PROVINCES

Article 275: Composition of federated states

Article 276: Creation, alteration and merger of provinces

CAPTER XVIII: ORGANS OF PROVINCIAL GOVERNMENT

Article 277: Exercise of Provincial Power and Authority

Article 278: Composition of Provincial Assembly

Article 279: Term of Office of Members of Provincial Assembly

Article 280: Provincial Chief’s Conference

Article 281: Relations Between Provincial Assembly and Provincial Chiefs’ Conference

Article 282: Provincial Chief Executive

Article 283: Powers and Duties of the Provincial Governor

Article 284: Provincial Executive Council

Article 285: Collection of Public Revenue

Article 286: Foreign Agreement

Article 287: Cooperation Between Provinces

CHAPTER XIX: LOCAL GOVERNMENT

Article 288: Local Council Areas

CHAPTER XX: CHIEFTAINCY

Article 289: Institution of Chieftaincy

Article 290: Recognition, Honour and Dignity

Article 291: Validity of Chieftaincy

Article 292: Prohibition of Classification of Chiefs

Article 293: Non-Participation of Chiefs in Partisan Politics

Part Seven

Common Provision and Allocation of Responsibility

CHAPTER XXI: COMMON PROVISIONS

Article 294: Legal Personality and Financial Autonomy

Article 295: Constitutions, Laws, Rules and Regulation of Federated States and Provinces

CHAPTER XXII: ALLOCATION OF RESPONSIBILITY

Article 296: Exclusive Federal Jurisdiction

Article 297: Concurrent Jurisdiction

Article 298: Exercise of Concurrent Jurisdiction

Article 299: Local Government Jurisdiction

Part Eight

Amendment

CHAPTER XXIII: POWER PROCEDURE AND REFERANDUM OF AMENDMENT

Article 300: Power to Amend the Constitution and Procedure for Amendment

Article 301: Referendum of Bill to Amend the Constitution

Part Nine

Transitional and Miscellaneous Provisions

CHAPTER XXIV: TRANSITION AND MISCELLANEOUS PROVISIONS

Article 302: Electoral Rules and Regulations

Article 303: Provisions of Limited Duration

Article 304: Establishment of Commissions, Boards, Agencies, Bodies and Offices

Article 305: Existing Institutions and Officers

Article 306: Enforcement Legislation

Article 307: Repeal of Previous Legislation

Article 308: Interpretation

Article 309: Citation and Entry into Force

Part Ten

Schedule

FORMS OF OATH

The Oath of Allegiance

The Presidential Oath

The Oath of the Vice President of the Federal Republic

The Judicial Oath

The Cabinet

The Oath of Federal Minster

The Oath of Secrecy

The Official Oath

The Oath of the President of the Senate/Speaker of National Assembly

The Oath of Member of the Senate/ Of the National Assembly

The Oath of the Editor -General

PREAMBLE

IN THE NAME OF ALMIGHTY GOD:

WE, THE PEOPLE OF CAMEROON,

CONSCIOUS of our responsibility before GOD and Man and of the necessity to secure for ourselves and for our descendants the inalienable rights with which the Creator has endowed every human being;

COGNISANT of our ethnic, cultural, linguistic, religious, social and other diversities;

ACKNOWLEDGING the divergent influences in the conduct of public affairs to which the two founding entities of our Country have been exposed through historical contacts with different foreign peoples, culture and systems;

DETERMINED, in spite of these diversities and divergences; to build; on the ideals of freedom, equality, justice, solidarity, hard work, progress and fraternity, a peaceful, developed and united Country in which the life, liberty, welfare, security and happiness of all members are assured and the dignity of the individual is respected;

PERSUADED that the welfare and the fundamental rights of citizen are best secured, maintained and protected in a democratic society in which the Government is responsible to freely elected representatives operating under a sovereign Constitution and a free and independent judiciary, and in which the public institutions are so organized as to forestall the rise of tyranny and to assure state, provincial and local autonomy as well as the greatest direct participation of citizens in the conduct of the affairs of their community;

AFFIRMING that any democratic Government derives its legitimacy from the consent and trust of the Governed and that whenever such a Government ceases to enjoy the confidence and trust of the People, the latter have a right to change it by democratic means and to institute a new one;

CONVINCED of the necessity to promote inter-African unity, solidarity and development. And to work towards world peace and international co- operation and understanding;

DO HEREBY make, enact and give to ourselves and our descendants
the present Constitution which lays down the fundamental principles on
which the State is organized, defines the rights and duties of the
individual and determines the form of Government based on the virtues
of the separation of powers, decentralization, accountability and the rule
of law.

PART ONE

SOVEREIGNTY AND THE DIRECTIVE
PRINCIPLES OFSTATE POLICY AND ACTION

CHAPTER I : SOVEREIGNTY

Article 1: The Federal Republic of Cameroon

(1) Cameroon is a sovereign, independent, indivisible, democratic, bilingual, bicultural, federal and united State resulting from the unification on 1 October 1961 of the territory formerly known as "La Republique du Cameroun" and of the territory formerly known as "The Southern Cameroons".

(2) The State of Cameroon shall be officially known as ''The Federal Republic of Cameroon".

(3) The Federal Republic of Cameroon shall consist of the Federated State of East Cameroon, the Federated State of West Cameroon and the Federal Capital Territory.

(4) The Federated State of East Cameroon shall comprise all territory which, between 1 October 1961 and 2 June 1972, was known by the same name.

(5) The Federated State of West Cameroon shall comprise all territory which, between 1 October 1961 and 2 June 1972, was known by the same name.

(6) The territorial integrity of each Federated State shall be inviolable.
(7) Each Federated State shall be organized territorially into provinces and local council areas.

Article 2: National Motto, Flag, Anthem, Seal and Coat of Arms
(1) The national motto of the Federal Republic of Cameroon shall be "Peace - Work - Fatherland".

(2) The national flag shall be of three vertical stripes of green, red and yellow of equal dimension crossed by a diagonal stripe of blue running from the bottom left angle of the green stripe to the top right angle of the yellow stripe and charged with two gold stars of the same size and shape placed on the red stripe on either side of the blue stripe.

(3)The national anthem shall be "O Cameroon, Thou Cradle of our Fathers".

(4) The seal of the Federal Republic of Cameroon shall be a circular medallion in bas- relief, 46 millimeters in diameter, bearing on the obverse and in the centre the head of a girl in profile turned to the dexter towards a coffee branch with two leaves and flanked on the sinister by five cocoa pods, encircled beneath the upper edge by the French words. "RépubliqueFédérale du Cameroun" and above the lower edge by the national motto "Paix - Travail - Patrie"; on the reverse and in the centre the coat of arms of the Federal Republic of Cameroon, encircled beneath the upper edge by the English words" Federal Republic of Cameroon and above the lower edge by the national motto "Peace - Work - Fatherland".
(5) The coat of arms of the Federal Republic of Cameroon shall be an escutcheon surmounted chief by the legend "Federal Republic of Cameroon" and supported by two crossed fasces with the motto "Peace - Work- Fatherland" base.

Article 3: The Federal Capital

The capital of the Federal Republic of Cameroon shall be located within
the Federal Capital Territory.

Article 4: Official Languages

(1) The official languages of the Federal Republic of Cameroon shall be English and French.

(2) English and French shall have equality of status and of use in all federal institutions, transactions and acts.

(3) The federal Government shall promote the acquisition and use of English and French by all citizens.

(4) All federal statutes, documents, records, minutes, notices, etc. shall be simultaneously printed and published in English and in French, both language versions being equally authoritative.

(5) Parliament shall enact all such legislation, and the federal Government shall take all such other measures, as are necessary to give effect to sub- articles (2) to (4) of this article.

Article 5 : Sources of the Laws of the Federal Republic of Cameroon

(1) The sources of the laws of the Federal Republic of Cameroon shall
comprise:

(a) this Constitution;

(b) enactments made in conformity with this Constitution by or
under the authority of the federal, federated state, provincial and
local council legislatures established by or under this Constitution;
(c) enactments made in conformity with this Constitution by any
person or authority pursuant to a power conferred by this
Constitution;

(d) the rules of law which by custom are applicable to particular
communities in Cameroon generally known as "Customary law"
and "Islamic law":

(e) treaties concluded between Cameroon and foreign states and
international organizations.

(2) All laws within the meaning of sub-article (1) of this article applicable in the Federal Republic of Cameroon or in any part thereof on the day of entry into force of this Constitution shall remain in force in all of their provisions which are not contrary to the provisions of this Constitution for as long as they are not amended or repealed by legislative or regulatory process.

(3) The Federal Republic of Cameroon shall have power to conclude treaties with other states and to create with other states international agencies to deal with matters of common interest and concern. '

(4) Any enactment made in conformity with this Constitution or any other
law by any person or authority pursuant to a power conferred by this
Constitution or any other law shall :

(a) be laid before parliament for ratification;

(b) be published in the Official Gazette on the day it is laid before
Parliament;

(d) remain in force for as long as Parliament has not refused to
ratify it; and

(e) cease to have effect from the day Parliament resolves not to
ratify it, but without prejudice to any situation that has previously
been created by the fact of its being in force.

Article 6 : Supremacy of the Constitution

(1) The Federal Republic of Cameroon or any part thereof shall not be
governed otherwise than by the provisions of this Constitution and of
enactments made thereunder.

(2) This Constitution shall be the Supreme Law of Cameroon. Its provisions shall have binding force on all authorities and persons throughout Cameroon.

(3) All other laws which are inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be null and void.
(4) Notwithstanding the provisions of sub-articles (1) to (3) of this article, treaties or international agreements which have been ratified or approved in accordance with this Constitution or any other law and which have been published as required by law shall take precedence over internal legislation in respect of other parties who apply them.

Article 7 : National Sovereignty

(1) National Sovereignty shall vest in the people who shall exercise it either by way of referendum or through democratically elected representatives and officials.

(2) No fraction or group of people nor part of the Country nor individual
shall claim to exercise National Sovereignty otherwise than in accordance
with the provisions of this Constitution or of other laws made thereunder.

Article 8 : Separation of Powers

(1) State power shall be exercised in -compliance with the principle of
separation of powers.

(2) Federal Legislative power shall vest in the Federal Parliament, Federal Executive Power in the Federal Executive headed by the President of the Federal Republic and Judicial Power in the Judiciary headed by the Chief Justice of the Federation.

. (3) Parliament shall have no power to enact a law which has the effect of a legislative judgment.

(4) Parliament and the Executive shall have no power to settle judicial disputes nor to interfere with the course of justice nor to override or alter a judicial decision, nor to impede or otherwise interfere with its execution.
(5) Except as otherwise provided by law, the Judiciary shall neither encroach upon nor otherwise interfere with the powers of the Legislature or of the Executive.

Article 9: Source of Authority of Public Officials

Officials charged with the conduct of public affairs shall derive their power
and authority from the people through election by direct or indirect universal suffrage or through appointment or delegation by elected authorities.

Article 10 : Right To Vote

(1) Voting shall be universal, equal, secret and free.

(2) Every citizen shall have the right to vote and to be voted for.

(3) The right to vote and to be voted for shall not be restricted or denied bylaw except on grounds of age, mental incapacity or on such grounds of public interest or morality as are necessary in a democratic society.
(4) The right to vote shall be exercisable by all citizens who have attained the age of eighteen.

(5) Every citizen who has the right to vote shall have the right to be registered as a voter for the purpose of public elections and referenda and no person or authority shall by regulation, administrative procedures or any other means restrict, deny, impede or interfere with the enjoyment of this right.

Article11: Age of Eligibility

The age of eligibility to any public office shall be determined by the law governing election to that office. Provided that no person shall be eligible

(a) as President of the Federal Republic, unless he has attained the age of forty;

(0) as member of the Senate, unless he has attained-the age of thirty-fiveas memberof the National Assembly, unless he has attained the age of twenty-five.

Article 12: Invalidity of Election or Referendum

Subject to the provisions of article 301 of this Constitution, an election or a referendum shall be invalid unless at least fifty per cent of qualified registered voters take part in the poll.

Article 13: Political Parties

(1) The right to form political parties is hereby guaranteed.

(2) Subject to the provisions of this Constitution, an Act of Parliament shall determine the conditions for the functioning of political parties.
(3) Notwithstanding the provisions of sub-article (2) of this article and of any enactment made thereunder, an organization shall be entitled to operate as a political party once it has declared its existence to the National Electoral Commission. For the purposes of such declaration a prospective political party shall furnish the National Electoral Commission with a copy of its constitution, the names, addresses and occupations of
its national officers and the address of its headquarters:

(4) Parliament shall have no power to enact a law to establish or authorize the establishment of a body or movement with the right or power to impose on the people of Cameroon a common programme or a set of objectives of a religious or political nature.
(5) The one-party system is hereby proscribed.

(6) The internal organization of apolitical party shall conform to democratic
principles and its actions and purposes shall not contravene or be inconsistent with this Constitution or any other law.

(7) Subject to the provisions of this article, a political party is free to participate in shaping the political will of the people, to disseminate information on political ideas and social and economic programmes, and to sponsor candidates for elections to any public office.

(8) Every Cameroonian citizen of voting age has the right to join a political party except service personnel of the Armed Forces and of the Police as well as members of the Judiciary while in active service. Provided that no citizen shall belong to more than one political party at any given time.

(9) No one shall be compelled to belong to a political party; nor shall he enjoy any advantage or suffer any disadvantage by reason of his belonging or not belonging to a political party. ,

(10) Subject to the provisions of this Constitution, every citizen of voting age and all political parties have the right to participate in political activities intended to influence the composition and policies of the government.

(11) The State shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equitable access to the state-owned media both during and outside election periods.

(12) All candidates for election as Federal President, Federated State Premier or Provincial Governor shall be given the sameamount of time and space on the state-owned media to present the programmes to the people.

(13) Every candidate or party taking part in an election shall havethe right to conduct his or its campaign freely and subject only to law.

CHAPTER II: FUNDAMENTAL PRINCIPLES OF
STATE POLICY AND ACTION

Article 14: Compulsory Observance of Fundamental Objectives

and Principles of Sate Policy and Action

(1) In applying or interpreting this Constitution or any other law and in taking and implementing any policy decision for the establishment of a just and free society in Cameroon, all citizens, Parliament, the President, the Judiciary, the Cabinet, political parties and other bodies and persons, shall be guided by the fundamental principles and directives contained in the preamble and in this chapter of the present Constitution.

(2) The President of the Federal Republic shall report to Parliament at least once a year all the steps taken to ensure, in particular, the realization of basic human and political rights, a healthy economy, the right to work, the right to good health care and the right to education.
(3) Administrative bodies and officials shall act fairly and reasonably and comply with the requirements imposed upon them by any relevant legislation.

Article 15 : Equality Before the Law and Non-Retroactivity of Laws

(1) All persons shall be equal before the law.

(2) Parliament shall have no power to enact a law which will operate retrospectively in intent or in its content.

Article 16: Purpose and Responsibility of Government

The security and welfare of the people and the protection and defense of the national territory from external aggression shall be the primary purpose and responsibility of Government.

Article 17: Appointments to Reflect National Diversity

(1) There shall be no predominance of persons from a few Provinces or
from a few ethnic or other sectional groups in the Federal Government or in any of its agencies.

(2) Appointments and promotions to posts of responsibility in the Federal Government or in any of its agencies at home or abroad and the conduct of public affairs shall be carried out in such a manner as to respect and reflect:

a) the fact that present-day Cameroon was born through unification
in 1961 of “La République du Cameroun" and ''The Southern Cameroons";

the diversity of the people of Cameroon,
the need to promote national unity and to command national loyalty;

d) Efficiency, experience and seniority in service.

(3) The principles enunciated in sub-articles (1) and (2) of this article shall
apply, mutatis mutandis, in respect of Federated State, Provincial and
Local Council Governments and their agencies in such a manner as to
safeguard the interests of the indigenous minorities, if any.

Article 18: Political Objectives

(1) No one shall suffer discrimination on grounds of place of origin, birth, gender, religion, status, language or ethnic ties.

(2) It shall be the duty of the State to create adequate conditions for the free movement of persons, goods and services throughout the Country and for the full enjoyment by all citizens of rights of residence and engagement in economic activities anywhere within the Federation.
(3) The protection and defense of individual freedom and the enforcement ofthe rule of law shall be ensured by the State. To this end, the State shall secure, maintain and respect the independence, impartiality and integrity of the courts of law and easy access thereto and, according to circumstances, either comply with or enforce the decisions of the courts.
(4) Where it is reasonable to do so, the State shall offer asylum to foreigners fleeing from political persecution abroad.

(5) Cameroonian citizens shall not be liable to extradition to stand trial in a foreigncountry.

(6) The State shall promote among the people of Cameroon the culture of tolerance, dialogue, objectivity and fairness in politics.

(7) The State shall take steps to eradicate corrupt practices and the abuse of power.

Article 19: Economic and Environmental Objectives

(1) The Cameroonian economy shall operate as a free market economy dominated by private initiative, enterprise and investment.

(2) Without prejudice to the general principle enunciated at sub-article (1) of this article, the State shall :

(a) protect the right of every citizen to engage, in conformity with
the law, in any economic activities;

(b) Provide an enabling environment that will promote the realization
of a planned and balanced economic development, notably, through the diversification of industries and the equitable siting of industrial projects and infrastructural facilities throughout the national territory;

(c) ensure that the economy is not operated in such a manner as to result in the concentration of wealth or the means of production and exchange in the hands of a few individuals or of foreigners;
(d) promote national prosperity through an efficient, dynamic and self- reliant economy and manage the national economy in such a manner as to secure the maximum welfare and happiness of every citizen on the basis of social justice and equal opportunity.

3) As far as practicable, a government shalt continue and execute such projects and programmes commenced by a previous government as are not incompatible with the policy platform on which the new government was voted to power by the people.

(4) The State shall encourage and facilitate foreign investments in Cameroon in accordance with the provisions of an Investment Code and of other laws enacted by Parliament.

(5) Parliament shall have power to review from time to time the ownership and controlof business enterprises operating in Cameroon and to make appropriate recommendations to the Government on this subject.

(6) The State shall take measures to ensure the maintenance of ecosystems and the preservation and protection of the environment. It shall, in particular, provide measures against the dumping, recycling or disposal of foreign nuclear and toxic waste on Cameroonian territory.

Article 20: Social Objectives

(1) The State shall ensure:

(a) that adequate conditions exist to enable citizens secure suitable employment and thus lawfully, honestly and honourably earn the means of livelihood;

(b) that workers are employed under safe, humane and dignified conditions with opportunity for leisure;

(c) that the old, the unemployed, the incapacitated, the indigent and the disadvantaged are granted such social benefits and amenities as are determined by Parliament to be just and affordable having due regard to the resources of the State;

(d) that adequate facilities for sports and recreation are provided throughout Cameroon and that sports are promoted as a means of fostering national cohesion, health and self-discipline as well as international friendship and understanding.

(2) The State shall encourage:

(a) the formation of independent Trade Unions to protect workers' rights and interests and to promote sound labour relations and fair employment practices;

(b) the participation of workers in the decision-making process at the work place.

Article 21 : Eradication of Illiteracy and Acquisition of Knowledge

The State shall take steps to ensure the eradication of illiteracy and the acquisition of knowledge and shall, to this end:

(a) establish and implement a national book policy;

(b) enact laws to regulate and facilitate the exercise of the book trade within the context of national and international regulations governing the free circulation of books and other reading materials.

Article 22: Cameroonian Culture

(1) The State shall encourage, promote and protect the traditional cultures of the Cameroonian people which enhance human knowledge, pleasure, welfare and dignity.

(2) The State shall preserve and protect monuments and places of historical interest and artifacts.

Article 23: Right of Media to Inform Public

"The State shall not fetter the right and duty of the press, radio, television and other agencies of mass communication to inform, educate and entertain the public at all times and to highlight the responsibility and accountability of the government and those in positions of authority to the people.

Article 24: Responsibility of State to Educate Citizens on Their Rights

The State shall have the duty to ensure that citizens are educated about their rights under this Constitution, under the United Nations Charter, and under International Human Rights Instruments to which Cameroon is a signatory such as the Universal declaration of Human Rights and the African Charter of Human and Peoples' Rights,"

Article 25 : Foreign Policy Objectives

The State shall ensure that in its international relations, it :
(a) promotes and protects the national interest;

(b) promotes international cooperation, peace and security;

(d) fosters respect for international law and obligations;

(e) encourages the settlement of international disputes by peaceful
means;

(f) conducts its international affairs in consonance with the accepted
principles of public international law and diplomacy consistent with
the national interest.

Article 26: Prohibition of Use of Armed Forces, Public Media, Civil Servants and Public Property for Partisan Interests

The Government shall not use the Police and Armed Forces, the public media, civil servants or public property placed at its disposal by the State to the furtherance of partisan or group or regional or ethnic interests. Nor shall it usethe armed forces against unarmed civilians whose action does not constitute an immediate threat to life and property.

PART TWO

CITIZENSHIP AND FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

CHAPTER III: CITIZENSHIP

Article 27: Methods of Acquiring Citizenship

Citizenship of Cameroon shall be acquired by birth, registration or naturalization.

Article 28: Citizenship by Birth

(1) The following persons shall be citizens of Cameroonby birth:
(a)those born in Cameroon either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Cameroon or is or was a citizen of Cameroon; ,

(b) Those born outside of Cameroon either of whose parents is a citizen of Cameroon.

(2) Children of not more than ten years of age found in Cameroon whose parents are not known shall be presumed to be citizens of Cameroon by birth.

Article 29: Citizenship by Registration

(1 )Citizenship by registration may be claimed by:

(a)any person who, in good faith, is or has been married to a citizen of Cameroon and who, subsequent to such marriage, has been ordinarily resident inCameroon as the spouse of that citizen for a period of less than five years;

(b)any person of full age and capacity born outside Cameroon, any of whose grandparents is a citizen of Cameroon.

(2) A Cameroonian citizen who, in accordance with the law in force at the place of adoption adopts a non-Cameroonian child, may claim Cameroonian citizenship by registration for that child. In default of sucha claim, the child may, if of full age and capacity, himself apply to be registered as a citizen of Cameroon.

Article 30: Citizenship by Naturalization

Citizenship by naturalizationmay be claimed by any person who:

(a) is ordinarily resident in Cameroon at the time the application for naturalization is made; and

(b) has been so resident for a continuous period of not less than ten years; and

(c) satisfies any other criteria pertaining to health, morality, security or legality of residence as may be prescribed by law. -

Article 31: Conferment of Citizenship

Nothing contained in Articles 27 to 30 of this Constitution shall preclude Parliament from authorizing by law the conferment of Cameroonian citizenship upon any fit and proper person by virtue of any special skill or experience or commitment to or services rendered to the Cameroonian nation either before or at any time after the date of entry into force of this Constitution. .

Article 32: Loss of Citizenship

(1) A Cameroonian citizen by birth shall not, in any circumstances, be deprived of his Cameroonian citizenship. .

(2)A person who acquires Cameroonian citizenship otherwise than by birth shall lose it if:

(a) he voluntarily makes a formal declaration in writing renouncing his Cameroonian citizenship:

(b) he acquires the citizenship of any other country by any voluntary act;

(c) he serves or volunteers to serve in the armed forces of any other country without the written permission of the Cameroon government;

(d) he has taken up permanent residence in any other country and has absented himself thereafter from Cameroon for a period in excess of five (5) years without the written permission ofthe Cameroon government.

Article 33: Power of Parliament to Regulate Acquisition or Loss of Citizenship and Special Immigrant Status

(1) Parliament shall be entitled to make further laws not inconsistent with this Constitution to regulate the acquisition or loss of Cameroonian Citizenshipand to prescribe all matters necessary for carrying out or giving effect to the provisions of this Chapter.

(2) Parliament shall have power to make further laws regulating the grant of special immigrant status with full residential rights to non-Cameroonian spouses of citizens of Cameroon who do not wish to acquire Cameroonian citizenship.

CHAPTER IV: FUNDAMENTAL RIGHTS AND
FREEDOMS OF CITIZENS

Article 34: Protection of Fundamental Rights and Freedoms

The Fundamental Rights and Freedoms enshrined in this Chapter shall:
(a) be respected and upheld by the Executive, the Legislature and the Judiciary, all organs of the government and its agencies, and where applicable, by all natural and legal persons;

(b) be enforceable before the High Court.

Article 35: Incorporation by Reference of International Human Rights Instruments

The rights and freedoms referred to in article 34, above, include those proclaimed and guaranteed by the Charter of the United Nations, the Universal Declaration of Human Rights, the African Charter of Human and Peoples' Rights and all international instruments to which Cameroon is a signatory. To this end, the relevant provisions of the aforementioned Charters, Declarations and Instruments are hereby incorporated into the present Constitution and form an integral part thereof.

Article 36: Entitlement to Specific Rights and Freedoms

Without prejudice to the provisions of article 35 above, Cameroonian citizens shall be entitled to the specific rights and freedoms spelt out in this Chapter.

Article 37: Right to Life

The right to life shall be respected and protected. No one shall be deprived of his life except to the extent and in circumstances permitted by law.

Article 38: Human Dignity

(1) The dignity of all persons shall be inviolable.

(2) No person, whether or not arrested, restricted or detained, shall be
subjected to :

(a)torture or other cruel, inhuman or degrading treatment or punishment;

(b)any other condition or treatment that detracts or is likely to detract from his dignity and worth as a human being.

(3) No court shall admit in evidence against a person any testimony in a criminal trial which, in the opinion of the court, has been obtained in violation of sub-article (2) of this article.

(4) A person legally held in custody who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons.

(5) A juvenile offender who is kept in lawful custody or detention, whether before or after conviction, shall be kept separately from adult offenders.

Article 39: Personal liberty

No person shall be deprived of his personal liberty except in the circumstances and according to procedures established by law.

Article 40: Arrest and Detention and Right of Silence

(1) No person shall be subject to arbitrary arrest or detention.

(2) Any person who is arrested or detained shall, within 24 hours, and in the official language of his choice, be informed in writing of the facts and grounds for the arrest or detention.

(3) A person who is arrested or detained shall have a right to remain silent and not to answer any question until he has consulted a legal practitioner or any other person of his choice.

Article 41: Arrestee to be Brought to Court Within 72 hours

(1) Any person who is arrested and detained shall be brought before a competent court of law within 72 hours of the arrest or, if this is not possible in the circumstances of the particular case, within seven days, and no person shall be detained beyond seven days or renewed periods of seven days without the authority of a court of law.

(2) Any person who is arrested or detained in accordance with the immediately preceding paragraph and who is not tried within a period of:

(a) sixty (60) days from the date of his arrest or detention in the case of a person who is in custody or who is not entitled to bail; ,or
(b) one hundred and eighty (180) days from the date of his arrest or detention in the case of a person who has been released on bail, shall, unless he was arrested or detained upon reasonable suspicion of having committed a capital offence and without prejudice to any further proceedings that may lawfully be brought against him, be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.

Article 42: Compensation and Apology for Wrongful Arrest or Detention

Any person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the State and from the person who effected the unlawful arrest or detention. The amount of compensation shall be determined by the competent court.

Article 43: Arrest and Detention of Members of the Armed Forces and Illegal Immigrants

Articles 40, 41 and 42 above, shall not apply to the arrest and detention of members of the armed forces and of the police force or to illegal immigrants held in custody under any law dealing with illegal immigrants. Provided that any laws dealing with the arrest and detention of the said members or dealing with illegal immigration shall be formulated in the spirit of this Constitution and, in particular, of articles 39,40 and 41 thereof.

Article 44: Search and Seizure

(1) Every individual has the right to protection against unreasonable search or seizure. Any search or seizure must be authorize by a judicial warrant issued for that purpose describing the place or person to be searched and the thing or things to be seized.

(2) No court shall admit in evidence against a person any testimony in a criminal trial which has been obtained in violation of sub-article (1) of this article.

Article 45: Right to Fair Hearing

(1) In the determination of his civil rights and obligations, including any
question or determination by or against any government or authority, and in the determination of any criminal charges against him, a person shall be entitled to a fair hearing within a reasonable time by a competent court or other tribunal constituted in such manner as to secure its independence and, impartiality.

(2) The proceedings of a court or of any tribunal shall be held in public.
Provided that:

(a) a court or tribunal may exclude from its proceedings persons other than the parties thereto ortheir legal counsel in the interest of defence, public safety, public order, public morality, the welfare of persons below the age of 18 years, the protection of the Private lives of the parties, or to such extent as it may deem necessary by reason of special circumstances in which publicity would be contrary to the interests of justice;

(b) if, in any proceedings before a court or tribunal, a Minister of the Federation or of a Federated State or the Governor of a Province satisfies the court or tribunal that it would be against the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the public disclosure of the matter.

Article 46: Presumption of Innocence

(1) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved, or he pleads, guilty. Provided that the law may impose upon any such person the burden of proving particular facts.

(2) Every person who is charged with a criminal offence shall be informed promptly in the official language of his choice and in sufficient details of the nature of the offence and shall have a right to:

(a) defence by a legal counsel of his choice;

(b) adequate time and facilities for the preparation and presentation of his defence before and during his trial;

(d) obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as thoseapplying to the witnesses called by the prosecution;

(e) receive, without payment the assistance of an interpreter if he cannot understand the language used at the trial of the offence.

Article 47: Person Not compellable to Give Evidence Against Self or Spouse

No person shall be compelled to give testimony against himself or herself, or against his or her spouse; including partners in a marriage by customary law.

Article 48: Previous Conviction or Acquittal

No person shall be liable to be tried, convicted or punished again for any offence for which he has already been convicted or acquitted according to law.

Article 49: Non-retrospection of criminal law and punishment

No person shall be tried or convicted on account of any act or omission which did not constitute an offence under the written law at the time when it was committed, nor shall a penalty be imposed which was not applicable or exceeds that which- was applicable at the time when the offence was committed.

Article 50: Freedom from Discrimination
(1) All persons shall be equal before the law.

(2) No person may be discriminated against or accorded any privilege or
advantage on the ground of race, gender, colour, ethnic origin, religion,
creed, political opinion, language, circumstance of birth or social or economic status.

(3) Nothing in this article shall invalidate any law that imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the Armed Forces or of the Police Forces or of any other national security services established by law.

Article 51: Right to Privacy

The privacy of citizens, their homes, correspondence, telephone conversations as well as telegraphic and all other forms of communication is hereby guaranteed.

Article 52: Property Rights

(1) All persons shall have the right in any part of Cameroon to acquire, own, enjoy and dispose of all terms of immovable and movable property individually or in association with others and to bequeath their property to their heirs or legatees. Provided that Parliament may.by legislation, prohibit or regulate as it deems expedient the right to acquire property by persons who are not Cameroonian citizens.

(2) The State or a competent body or organ authorized by law may expropriate property in the public interest subject to the payment of just compensation, in accordance with requirements and procedures to be determined by Act of Parliament.

Article 53: Protection from Deprivation of Property

(1) No property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied:- -

(a) the taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development of utilization of property in such a manner as to promote the public, benefit;

(b) the necessity for the compulsory acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in, or right over the property.

(2) Any law authorizing compulsory acquisition of property by the State shall make provision for:

(a) prompt payment of fair and adequate compensation;

(b) a right of access to the High Court by any person who has an interest in or right over the property whether direct or-indirect.

(3) Where a compulsory acquisition or possession of land effected by the State in accordance with sub-article (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced persons on suitable alternative land with due regard to their economic well-being and socio-cultural values.

(4) Nothing in this article shall be construed as affecting the operation of any general law so far as it provides for the taking of possession or acquisition of property:-

(a) by way of vesting or administration of trust property, enemy property or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons or bodies-corporate or unincorporated in the course of being wound up; or

(b) in the execution of a judgment or order of a court; or

(c) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or
(d) in consequence of any law with respect to the limitation of actions; or

(e) for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry; or

(f) for so long as may be necessary for the carrying out of work on any land for the purpose of the provision of public facilities or utilities, except that where any damage results from any such work there shall be paid appropriate compensation.

(5) Any property compulsorily taken possession of or acquired in the public interest or for a public purpose shall be used only in the public interest or for the public purpose for which it was acquired. .'

(6) Where the property is not used in the public interest or for the purpose for which it was acquired, the owner of the property immediately beforethe compulsory acquisition shall be given the first option for acquiring the property and shall, on such reacquisition, refund the whole or part of the compensation paid to him as provided for by law or such other amount as is commensurate with the value of the property at the time of the reacquisition.

Article 54: Family

(1) The Family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

(2) Men and women of full age shall have the right to marry and to found a family. They shall be entitled to equal rights as to marriage, during marriage and at its dissolution.

(3) Marriage shall be entered into only with the free and full consent of the intending spouses.

(4) A spouse shall not be deprived of a reasonable provision out of the estate of the other spouse whether or not the latter spouse died having made a will.

(5) Parliament shall enact legislation regulating the property rights of spouses.

(6) With a view to achieving the full realization of the rights referred to in sub- article (5) of this article:

(a) spouses shall have equal access to property jointly acquired during marriage;

(b) assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage.

(7) Special care shal1 be accorded to mothers during a reasonable period, before and after child-birth. .

(8) Women shall be guaranteed equal rights to employment, training, promotion and remuneration on without any impediments from any person.

Article 55: Children's Rights

(1) Children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interest of children, as far as possible, the right to know and be cared for by their parents.

(2) Children shall be entitled to protection from economic exploitation
and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral or social development. For the purposes of this sub-article children shall be persons under the age of sixteen (16) years.

(3) No children under the age of sixteen (16) years shall be employed to work in any factory or mine, save under conditions and circumstances regulated by Act of Parliament. Nothing in this sub-article shall be construed as derogating in any way from sub-article (2) hereof.

(4) No law authorizing preventive detention shall permit any child under the age of sixteen (16) years to be detained.

(5) A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

(6) Every child, whether or not born in wedlock, shall enjoy the same protection under the law and shall be entitled to reasonable provision out of the estate of its parent.

Article 56: Political Activity

All citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government. All citizens shall have the right to form and join political parties and, subject to such qualifications prescribed by law as are necessary in a democratic society, to participate in the conduct of public affairs, whether directly or through freely chosen representatives.

Article 57: Right to Seek Redress

Any person who is aggrieved by the act of an administrative body or official shall have the right to seek redress before the High Court.

Article 58: Education

(1) All persons shall have the right to education.

(2) Primary education shall be compulsory and children shall not be allowed to leave school until they have completed their primary education or attained the age of sixteen years, whichever is the sooner, save where otherwise, authorized on grounds of health or other considerations pertaining to the public interest.

(3) The State shall, with the participation of religious or secular voluntary agencies, provide the conditions necessary to render effective the right to education for every resident of Cameroon. To this end, the State shall so allocate the burden of financing education and providing educational equipment and material that no child shall be deprived of primary education solely on the ground that his parent and/or other relatives are unable to pay for it.

(4) All persons shall have the right to establish and to maintain primary, secondary and tertiary institutions of education under conditions provided by law.

(5) The State shall, in pursuit of its educational policies and activities, respect the bi-cultural and bilingual nature of the Federal Republic of Cameroon and ensure that Cameroonian citizens obtain the maximum benefit from both the Anglophone and the Francophone systems of education. To this end, the State shall actively promote, encourage and finance the equal evolution of both systems of education;

Article 59: Conditions of Work

(1) Every person has the right to work under satisfactory, safe and healthy conditions, and to receive equal pay for equal work without distinction of any kind.

(2) Every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remuneration for public holidays

(3) Every worker has a right to form or join a trade union of his choice for the promotion and protection of his economic and social interests. -
(4) Restrictions shall not be placed on the exercise of the right conferred by sub-article (3) of this article except as prescribed by law and as reasonably necessary in the interest of public order or for the protection of the rights and freedoms of others. '

Article 60: Rights of the Rural Population

(1) The State shall, in particular, ensure the economic, social and cultural development, as well as the welfare and standard of living of the population in the rural areas.

(2) Farmers and other members of the rural population shall have a right to the supply, at minimal cost, of health care, potable water, electricity and adapted recreational facilities.

(3) The State shall ensure that children in rural areas receive adequate primary and secondary education at minimum cost to their parents.

(4) The State shall take all the measures necessary tosecure to rural communities increased productivity, a sure market and a just price for their products, and the prompt payment of the price for produce bought from farmers and other producers of the rural world.

Article 61 : Rights of Disabled Persons

(1) Disabled persons have the right to live with their families or with foster parents and to participate in social, creative or recreational activities.
(2) A disabled person shall not be subjected to differential treatment in respect of his residence other than that required by his condition or by the improvement which he may derive from the treatment.

(3) If the stay of a disabled, person in a specialized establishment is indispensable, the environment and living conditions there shall be as close as possible to those of the normal life of a person of his age.
(4) Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature.

(5) In any judicial proceedings in which a disabled person is a party the legal procedure applied shall take his physical and mental condition into account.

(6) As far as practicable, every place to which the public has access shall have appropriate facilities for disabled persons.

(7) Special incentives shall be given to disabled persons engaged in business and also to business organizations that employ disabled persons in significant numbers.(8) Parliament shall enact such laws as are necessary to ensure the enforcement of the provisions of this article.

Article 62: Rights of the Sick

A person who by reason of sickness or any other cause is unable to give his consent shall not be deprived by any other person of medical treatment, education or any other social or economic benefit solely on grounds of lack of consent.

Article 63: Religion

(1) Every person has the right to freedom of religion.

(2) The Federal Republic of Cameroon shall be a secular State and shall, as such, observe neutrality and independence in matters of religion. Provided that the State shall guarantee, protect, and enforce the right of every citizen to practice in public or in private any religion of his choice which does not endanger public peace, public order, public morality or the life, health and property of citizens.

(3) Religious practice shall not be prohibited in any place, institution or establishment solely on the ground that the place, institution or establishment in question belongs !o or is under the management of the State.

(4) The State shall not withhold recognition from any academic discipline nor exclude it from official certification solely on the ground that it is religious in character.

Article 64: General Fundamental Freedoms
All persons shall have the right to:

(a) freedom of speech and expression, which shall include freedom of the press and other media;

(b) freedom of thought, conscience and belief which shall include academic freedom in institutions of higher learning;

(d) freedom of association, which shall include freedom to form and join associations or unions, including trade unions and political parties; ,

(e) freedom to move throughout, Cameroon unhindered by road barriers or any requirement to carry passes;

(f) freedom to reside, to settle, and to work or carry on business in any part of Cameroon;

(g) freedom to leave Cameroon and to return, which shall include the right to own a passport;

(h) freedom to practice any profession or to carry on any occupation, trade or business;

(i)freedom to petition the Government for redress of grievances;
(j) freedom to strike, with the exception of members of the Armed Forces, of the Police and of the judiciary;

(k)freedom to enjoy, practice and promote their language, culture and tradition;

(l) freedom to defend and to enjoy a clean and healthy physical environment;

(m) peace, security, welfare and happiness;

(n ) be protected against genocide and pogroms.

Article 65 : Other Rights not Excluded

The rights, duties, declarations and guarantees relating to the fundamental human rights specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in democracy and intended to secure the freedom and dignity of Man.

Article 66 : Enforcement of Fundamental Rights and Freedoms

(1) Save in so far as it may be authorized to do so by this Constitution, Parliament or any subordinate legislative authority shall not make any law, and the Executive and the agencies of Government shall not take any action, which abolishes or abridges the fundamental rights and Freedom conferred by this Chapter, and any law or action in contravention, thereof shall, to the extent of the contravention, be invalid. '

(2) Aggrieved, persons who claim that a fundamental right or freedom guaranteed, by this Constitution has been infringed or threatened, shall be entitled to applyto the competent High Court to enforce or protect such a right or freedom.

(3) Subject to the provisions of this Constitution, the court referred to in sub-article (2) hereof shall have the power to make all such orders as shall be necessary and appropriate to secure such applicants the enjoyment of the rights and freedoms conferred on them under the provisions of this Constitution.

(4) The power of the court shall include the power to award monetary compensation in respect of any damage suffered by the aggrieved persons in consequence of such unlawful denial or violation of their fundamental rights and freedoms.

Article 67: Enforcement of Protective Provisions

(1) Where a person alleges that a provision of articles 34 to 64 inclusive of this Constitution has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter that is lawfully available, that person may apply to the High Court for redress.

(2) The High Court shall, under sub-article (1) of this article, have power to issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing, or securing the enforcement of any of the provisions of articles 33 to 65 inclusive to the protection of which the person concerned is entitled.

(3) A person aggrieved by a determination of the High Court under the

provisions of this article may appeal therefrom to the Federated State Supreme Court with the right of a further appeal to the Federal Supreme Court.

(4) The Chief Justice of the Federation may make rules of court with respect to the practice and procedure of the Federal Supreme Court for the purposes of this article. .

Article 68: Prohibition of Injurious Customs

All customary practices which dehumanize or are injurious to the physical and mental well-being of a person are prohibited.

Article 69: Derogation

(1) Nothing in this Chapter of the present Constitution shall invalidate any law or any judicial decision that is reasonably justifiable in a democratic society: . . .

(a) in the interest of defence, public safety, public order, public morality or public health or

(b) for the purpose of protecting the rights and freedom of other persons.

(2) An Act of Parliament shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of this Chapter of the present Constitution to the extent reasonably justifiable for the purpose of dealing with the situation that exists during the period of emergency.

(3) Any law providing for the limitation of any fundamental rights or freedoms contemplated by this Chapter of the present Constitution shall be of general application, shall not negate the essential content of the said rights and freedoms and shall specify the ascertainable extent of such limitation.

CHAPTER V: DUTIES OF CITIZENS

Article 70: Duties to The Family
Every citizen shall :

(a) promote, work for and preserve the harmonious development,
cohesion and respect of the family;

(b) respect his parents at all times and maintain them if need be;
(c) ensure the proper upbringing of his children.

Article 71: Duties to Society

(1) Every individual shall respect the dignity, religion, rights and legitimate interests of others and shall live with others in unity and harmony and in the spirit of common brotherhood.

(2) Every individual shall serve the community and contribute to its advancement, progress and well-being by.

(a) placing his physical and intellectual abilities at its service:
(b) working conscientiously in his lawful and chosen occupation;
(c) abstaining from any activity detrimental to the general welfare of other citizens, of the community or of the Country.

(3) Every citizen shall preserve and strengthen:

(a) social and national solidarity, particularly when the latter is threatened;

(b) positive Cameroonian cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, contribute to the promotion of the moral well-being of society.

Article 72: Duties to the State
(1) Every citizen shall :

(a) abide by this Constitution and respect its idea and institutions;
(b) contribute in accordance with the law to the preservation, strengthening and defence of national independence and territorial integrity;

(c)abstain from compromising or endangering the security of the State;

(d) render assistance to appropriate and lawful agencies and individuals in the maintenance of law and order;

(e) participate in, and defend, all democratic processes and practices: to this end, he shall have a duty to resist every attempt to set aside this constitution to overthrow the constitutional government or to seize power by coup d’état or to exercise power tyrannically;

(1) declare his income honestly to appropriate and lawful agencies and promptly pay taxes imposed by law;

(g) protect and preserve public property and fight against the misappropriation and squandering of public funds.

(2). Every Citizen appointed or elected to public office shall discharge his
duties conscientiously, with integrity and without discrimination.

CHAPTER VI : EMERGENCY POWERS

Article 73 : Declaration of State of Emergency

(1) At a time of national disaster or during a state of national defence or public emergency threatening the life of the Nation or the constitutional order, the President may, acting in accordance with the advice of the Government by proclamation published in the Official Gazette declare that a state of emergency exists in the Federal Republic of Cameroon or any part thereof.

(2) Notwithstanding any other provision of this article, the Presidentshall within five days of publication of the proclamation place before Parliament the facts and circumstances leading to the declaration of the state of emergency.

(3) Parliament shall, within seventy-two hours decide whether to maintain the proclamation in force or to revoke it.

(4) Unless sooner revoked, a state of emergency declared under the provisions of this article shall cease to have effect within seven days beginning with the date of publication of the declaration unless, before the expiration of that period, it is approved by resolution of at least two- third of members of each House of Parliament.

(5) Subject to the provisions of sub-article (7) of this article, a state of public emergency approved by a resolution of Parliament under the provisions of sub- article (4) of this article shall continue in force for a period of three months beginning with the date of its approval or until such earlier date as may be specified in the resolution.

(6) Parliament may, by resolution, extend the state of emergency for periods of not more than one month at a time.

(7) Parliament may, by a resolution of a simple majority of members of each House, at any time revoke a declaration of a state of emergency.
(8) For the purposes of this article, a state of public emergency includes any action that has been taken or is immediately threatened by any person or persons:

(a) which is likely to deprive the community of the essentials of life; or

(b) which necessitates the taking of measures to secure the public safety, the defence of Cameroon and the maintenance of public order and of supplies and services essential to the life of the community.

(9) Articles 34 to 65 inclusive of this Constitution shall not apply to measures lawfully taken during a state of emergency that appear reasonable to deal with the existing situation.

Article 74: Detention under Emergency Laws

(1) Where a person is lawfully restricted or detained under a state of emergency, the following provisions shall apply, that is to say:

(a) he shall, as soon as practicable, and in any case not later than twenty- four hours after the commencement of the restriction or detention, be furnished with a statement in writing and in the official language of his choice specifying in detail the grounds upon which he is restricted or detained, which statement shall be read or interpreted to the person restricted or detained, as appropriate;
(b) the spouse, parent, child or other available next of kin or close friend of any person so restricted or detained shall be informed of the detention or restriction within twenty-four hours of the commencement of the detention or restriction and be permitted access to the person at the earliest practicable opportunity and in any case within seventy-two hours of the commencement of the restriction or detention;

(c) not more than fifteen days after the commencement of his restriction or detention, a notification shall be published in the Official Gazette stating that he has been restricted or detained and giving particulars of the provisions of law under which his restriction or detention is authorized and the grounds of his restriction or detention;

(d) not more than fifteen days after the commencement of his restriction or detention and thereafter during his restriction or detention at intervals of not more than one month, his case shall be reviewed by the local High Court

(e) he shall be afforded every possible facility to consult Counsel of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the restricted or detained person;

(f) at the hearing of his case he shall be permitted to appear in person or by Counsel of his choice.

(2) On a review by a tribunal in pursuance of this article of the case of a restricted or detained person the tribunal shall have power to order the release of the person and the payment to him of adequate compensation or uphold the grounds of his restriction or detention and the authority by which the restriction or detention was ordered shall act accordingly.
(3) In every month in which there is a sitting of Parliament a Federal Minister authorized by the President shall make a report to Parliament of the number of persons, if any, restricted or detained by virtue- of sub- article (9) of article 73 of this Constitution and the number of cases, if any, in which the authority that ordered the restriction or detention has acted in accordance with the decisions of the tribunal appointed in pursuance of this article.

(4) Notwithstanding the provisions of sub-article (3) of this article the Federal Minister referred to therein shall publish every month in the Official Gazette:

(a) the number and the names and addresses of persons restricted or detained;

(b) the number of cases reviewed by the tribunal; and

(c) the number of cases in which the authority which ordered the restriction or detention has acted in accordance with the decisions of the tribunal appointed pursuant to the provisions of this article.

(5) At the end of an emergency declared under sub-article (1) of article 73
of this Constitution, a person under restriction or detention or in custody, who has been detained, restricted or arrested as a result of the declaration of the emergency shall forthwith be released.

PART THREE

THE FEDERATION

CHAPTER VII : THE FEDERAL LEGISLATURE

Article 75: Establishment of the Federal Parliament

(1) Subject to the provisions of this Constitution, the legislative power of
the Federal Republic of Cameroon shall vest in the Federal Parliament which shall exercise it in accordance with the provisions of this Constitution.
(2) The Federal Parliament shall consist of the National Assembly and the Senate.

Article 76: Parliament to be Guided by the Constitution

Members of Parliament shall be guided in the performance of their functions by the provisions of this Constitution, by considerations of the public interest and by their conscience.

Article 77: Functions and Powers of Parliament

(1) Parliament as the principal legislative authority in Cameroon shall have the power, subject to this Constitution, to make and repeal laws for the peace, order and good government of the country in the best interest of the people of Cameroon.

(2) No subject matter shall be reserved for legislation by any other organ of the State to the exclusion of Parliament.

(3) Parliament shall further have the power and function, subject to this
Constitution:

(a) to approve budgets for the effective government and administration of the country;

(b) to provide for revenue and taxation;

(c)to take such steps as it considers expedient to uphold and defend this Constitution and the laws of Cameroon;

(d) to agree to the ratification of or accession to,international agreements which have been negotiated and signed by the President of the Federal Republic;

(e) to receive reports on the activities of the Executive including parastatal enterprises, and from time to time to require any senior official thereof to appear before any of the committeesParliament to account for and explain his acts and programmes;
(f) to initiate, approve or decide to hold a referendum on matters of national concern:

(g) to debate and to advise the President in regard to any matters which by this Constitution the President is authorized to deal with;
(h) generally to exercise any other functions and powers assigned to it by this Constitution or any other law and any other functions incidental thereto.

(4) Parliament may, by an Act, and without prejudice to the provisions of sub-article (2) of this article, stipulate areas of jurisdiction in which the Executive shall have power to legislate by delegation as well as the conditions, if any, for the exercise of this power.

Article 78: Joint Sittings of Parliament

(1) The Senate and the National Assembly may from time to time, and as the need arises, hold joint sittings of Parliament.

(2) Any joint sitting of the Senate and of the National Assembly shall be presided by one of the following, if present, and in the following order of preference:

(a) the President of the Senate;

(b) the Speaker of the National Assembly;
(c) the Deputy President of the Senate;

(d) the Deputy Speaker ,of the National Assembly;

(e) such member of the Senate or of the National Assembly as the joint sitting of Parliament may elect for that purpose.

THE NATIONAL ASSEMBLY

Article 79: Mandate

(1) The National Assembly shall be representativeof the entire Cameroonian people.

(2) Members of the National Assembly shall be elected every five years by universal suffrage and direct and secret ballot.

Article 80: Composition and Constituencies

(1 )The National Assembly shall comprise members elected in the
proportion of one member to every one hundred thousand of the population.

(2) For the purpose of elections to the National Assembly, the Federation shall be divided into as many federal constituencies as there are seats in the Assembly. Provided that:

(a) no federal constituency shall fall within more than one Federated State nor more than one Province; and

(b) where, within the territory of the same Province, the population of an area is less than one hundred thousand, that area shall nevertheless make up a federal constituency if its population is not less than seventy thousand.

Article 81 : Candidacy

A person seeking election into the National Assembly shall do so eitheras an independent candidate or as the candidate of a legalized political party.

THE SENATE

Article 82: Composition

(1) The Senate shall be representative of the Federated States and of the Federal Capital Territory.

(2) It shall comprise twenty-four members from each Federated State and two from the Federal Capital Territory.

(3) For the purpose of electing members of the Senate, each Federated State and the Federal Capital Territory shall be divided into as many senatorial constituencies as it has seats in the Senate provided that no senatorial constituency shall fall within more than one Province or Federated State.

Article 83: Election of Senators

(1) A person seeking election into the Senate shall do so either as an independent candidate or as the candidate of a legalized political party.
(2) Members of the Senate shall be elected by universal suffrage and direct and secret ballot for a term of six years.

(3) A third of the Senate shall be renewed every two years. For the purposes of this renewal and notwithstanding the provisions of sub- article (2) of this article, members of the first Senate to be elected under this Constitution shall be divided by lot, and as equally as may be, into three classes. The seats of the Senators of the first class shall be renewed at the expiration of the second year, those of the second' class at the expiration of the fourth year and those of the third class at the expiration of the sixth year.

(4) Senators shall be eligible to stand for re-election. A Senator who vacates his seat in the circumstances of sub-article (3) of this article shall not be precluded by that fact alone from standing for re-election.

(5) Where a vacancy occurs in the Senate otherwise than in application of sub- article (3) of this article, it shall be filled in a by-election as specified by Act of Parliament. Provided that, the Executive of the Federated State concerned shall in the event of a vacancy, have power to make temporary appointments to the Senate until the people of the relevant senatorial constituency fill the vacancy in a bye-election.

COMMON PROVISIONS

Article 84: Qualifications and Disqualifications for Members of, Parliament and Procedure for Election

Subject to the provisions of this Constitution, the qualifications for, and disqualifications from, membership of the Senate or of the National Assembly as well as the procedure for the election of members of each House shall be laid down by an Act of Parliament.

Article 85: Election Disputes

(1) The High Court shall have sole jurisdiction to hear and determine any disputes in connection with the election of a member or members of Parliament which arose prior to the first sitting of the appropriate House following that election.

(2) Any question whether the seat of a Member of Parliament has become vacant since he took it or whether a member has been validly elected into any of the offices of either House of Parliament or whether, having been elected, he has vacated his office in the House, shall be conclusively decided by the appropriate House of Parliament

Article 86: Oath of Members of Parliament

(1) A member of Parliament shall, before taking his seat in Parliament, take and subscribe before the Federal Supreme Court, and in the presence of other members of Parliament, the oath of allegiance and the oath of a member of Parliament set out in the Schedule to this Constitution.
(2) The ceremony for the taking of the oaths referred to in sub-article (1) of this article shall take place in the usual meeting place of each House of Parliament, unless unavoidable circumstances dictate otherwise.

(3) A member of Parliament may, before taking the oaths referred to in sub-article (1) of this article, take part in the election of the President of the Senate, the Speaker of the National Assembly and other members of the Bureau of each House, as the case may be.

Article 87: Declaration of Assets and Liabilities

(1) A member of Parliament shall, before taking and subscribing to the oaths prescribed by article 86(1) of this Constitution, and before taking his seat in Parliament, declare his assets and liabilities in the manner, prescribed by this Constitution.

(2) A member of Parliament may, before declaring his assets and liabilities as required by article 87(1) of this Constitution, take part in the election of the officers referred to at sub-article (3) of article 86 of this Constitution.

Article 88: Declaration of Direct Pecuniary Interest

(1) Each House of Parliament shall, by its standing orders:

(a) require a member of the House to declare any direct pecuniary interest he may have in any matter coming before the House;

(b) empower the House to decide by resolution whether or not such member may vote or participate in its deliberations on such matter;

(c) stipulate the penalty, if any, which the House may impose for failure by a member to declare any direct pecuniary interest he may have; and

(d) provide such other matters pertaining to the foregoing as the House may think necessary.

(2) Notwithstanding the provisions of sub-article (1) of this article, a
member who signifies his intention not to vote or participate in the deliberations of the appropriate House on the matter in question and who, ln fact, does not so vote or participate, shall not be required to declare any direct pecuniary interest he may have in the matter. .

Article 89: Officers of Each House of Parliament

(1) Each House of Parliament shall have a Bureau comprising, in the case of the Senate, a President and Vice President, in the case of the National Assembly, a Speaker and Deputy Speaker, and such other members as may be provided for by the standing orders of the House concerned. Provided that on no account shall the President of the Senate and his Vice nor the Speaker of the National Assembly and his Deputy come from the same, Federated State.

(2) At the first Sitting of a newly elected Senate or National Assembly, the appropriate House shall, with the Clerk to the House acting as Chairperson, elect members of its Bureau.

(3) A member of the Bureau of each House shall cease to hold office if he ceases to-be a member of the National Assembly or of the Senate, as the case may be, He may be removed from office by resolution of the appropriate House and may resign from office or from the House to which hebelongs in writing addressed to the Clerk of that House.

(4) When an office in the Bureau becomes vacant, the appropriate House shall, at the opening of its next session or at the earliest occasion if already in session, elect a member to fill the vacancy.

(5) When neither the Speaker nor the Deputy Speaker of the National Assembly, the President nor the Vice President of the Senate, is available, the appropriate House, with its Clerk acting as Chairperson, shall elect a member to act as Speaker or Deputy Speaker, President or Vice President, as the case may be.

Article 90: Parliamentary Majority and Minority

(1) In each House of Parliament, the Members of Parliament belonging to the political party or parties which form(s) the Government shall, constitute the “Parliamentary Majority" while those of the party or parties which are not part of the Government shall constitute the "Parliamentary Minority".

(2) Notwithstanding the provisions of sub-article (1) of this article,
members who have been elected to Parliament as independent candidates shall be presumed to be neither of the Parliamentary Majority nor of the Parliamentary Minority and shall, if ten or more in number, constitute a distinct parliamentary group.

(3) At the beginning of the term of office of a newly elected Senate or
National Assembly as the case may be, the Parliamentary Majority, the Parliamentary Minority and, where applicable, the Independent
Parliamentarians shall elect their respective leaders, whips and such other officials as may appear necessary for the proper and effective conduct of parliamentary business.· ,

(4) The Parliamentary Majority and Minority shall each be represented in Committees of each House and occupy the chair thereof in proportion to their numerical strength in each House. .

(5) The Majority Leader and the Minority Leader in each House of
Parliament shall be ex-officio members of the Bureau of that House and shall be regularly consulted concerning the fixing and the conduct of the parliamentary business of the House.

(6) The Majority and Minority Leaders in each House of Parliament shall rank after the Vice President of the Senate or the Deputy Speaker of the National Assembly, as the case may be, and shall be entitled to the same remuneration; rights, advantages, privileges and honours as the Vice President of the Senate or the Deputy Speaker of the National Assembly, as the case may be .

Article 91 : Duties, Privileges and Immunities of Members of

Parliament

(1) All members of each House of Parliament shall maintain the dignity and image of their House during the sittings of the House as well as in their acts, activities and private life outside Parliament.

(2) All members of Parliament shall regard themselves as servants of the people of Cameroon. They shall reside within their constituencies and among their constituents. They shall desist from any conduct by which they seek to enrich themselves improperly or to alienate themselves from the people.

(3) Members of Parliament shall, except in case of

from arrest while attending, or going to or returning from a session of Parliament.

(4) A member of Parliament shall not be answerable outside Parliament for any statement made in a speech or in a debate before each House of Parliament or for any petition, bill or motion tabled by him in or before the House or for any other act done in the lawful execution of his parliamentary mandate.

(5) A member of Parliament cannot be arrested or prosecuted in respect of any offence not connected with the execution of his parliamentary mandate without prior notification of the impending arrest or prosecution to the Bureau of the House to which he belongs except where:

(a) he is caught red-handed committing a felony or a misdemeanor: or

(b) his prosecution had previously been authorized by the House to which he belongs; or

(c) he has been convicted by a judgment that has become final.
(6) Subject to the provisions of sub-article (5) of this article, the standing orders of each House shall lay down disciplinary offences, procedures and penalties relating to the execution by a member of the House of Parliament of his parliamentary mandate. Provided that no member of Parliament may be expelled from Parliament except with the concurrence of at least two-thirds of all the members of the House to which he belongs.

Article 92: Remuneration of Members of Parliament

(1) The salary and remuneration, the facilities and privileges available to the President of the Senate, the Speaker of the National Assembly and other members of the Bureau as well as members of each House of Parliament, shall be determined by Act of Parliament and charged upon the Consolidated Fund.

(2) A member of Parliament shall not hold any office of profit or emolument, whether private or public and whether directly or indirectly, unless permitted to do so by the Bureau of the appropriate House acting on the recommendations of a parliamentary committee. Permission shall not be granted unless the Bureau is satisfied that:

(a) holding any such office will not be to the prejudice of the member's parliamentary work; and

(b) no conflict of interest arises or is likely to arise as a result of the holding of such office by the member.

(3) An Act of Parliamer.t shall determine the conditions for the payment of gratuity and pension rights to former members of Parliament. Provided that no member of Parliament shall be entitled to pension or to gratuity unless he has been a member of Parliament for a continuous period of at least ten years in the case of pension and five years in the case of gratuity.

Article 93 : Duration of Parliamentary Term

(1) Subject, to the provisions of this Constitution, Members of Parliament shall beelected for a term of six years in the case of Senators and five years in the case of members of the National Assembly, commencing from the date of the first sitting of the appropriate House. Subject to the provisions of sub-article (2) of thisarticle, in no circumstances shall the duration of the termof office of the Senate or of the National Assembly be abridged.

(2) The President of the Federal Republic shall havepower to issue a proclamation for the dissolution of the National Assembly, but not the Senate, that was elected prior to his own election; Provided that the President shall exercise this power within one year of his assuming office and not more than once in the course of a single term of office.

(3) Subject to the provisions of sub-article (4) of this article, a general election of members of the National Assembly shall be held not later than thirty or earlier than forty-five days before the expiration of the current term of office of the National Assembly and a session of thenew National Assembly shall be convened by President of the Federal Republic within fifteen days following the election

(4) If, at the time of expiry of the current term of the National Assembly the Federation is at war in which the territory of Cameroon is physically involved or in a State of Emergency in Cameroon or In any part thereof, and the President of the Federal Republic after consultation with the President of the Senate and the Speaker of the National Assembly comes to the conclusion that it is not practicable to hold elections, the National Assembly may, by resolution, extend the duration of its term for not more than six months at a time. Provided that the life of the
National Assembly shall not be extended under this sub-article for morethan five years.

(5) If, in the circumstances of sub-article (4) of this article, the National Assembly already stands dissolved, the President of the Federal Republic shall by decree recall it into session and the National Assembly shall at its first meeting following its recall proceed in accordance with the provisions of the said sub-article.

Article 94: Vacation of Seat and Bye-Elections

(1) The seat of a member of Parliament shall be deemed to have been
vacated:

(a) if he dies;

(b) if he ceases to have the qualifications which rendered him eligible to be a member of Senate or of the National Assembly, as the case may be;

(C) if he resigns his seat in writing addressed to the President of the Seriate or the Speaker of the National Assembly, as the case may be;

(d)if he is expelled by the appropriate House of Parliament pursuant to its rules and standing orders;

(e) if he is absent during sittings of the House for fifteen (15) consecutive sitting days, without having obtained the special leave of the House on grounds specified in its rules and standing orders;

(f) if he resigns from or is expelled by the political party on whose ticket he was elected to the Senate or to the National Assembly, as the case maybe;

(g) on any other ground provided by law.

(2) Upon a seat in each House becoming vacant on any of the grounds mentioned in sub-article (1) of this article, a bye-election shall be held to fill the vacant seat.

(3) In the case of resignation or expulsion from a political party, the outgoing member of the House shall be eligible to present himself for election in the bye- election either as an independent candidate or as the candidate of another legalized political party.

(4) A bye-election to fill a vacancy in the Senate or in the National Assembly shall be held not later than three months from the date of occurrence of the vacancy. Provided that no bye-election shall be held if the vacancy occurs less than six (6) months to the end of the expiry of the current term of the member of the Senate concerned or of the National Assembly concerned.

Article 95: Language of Parliament and Simultaneous Language. Versions

(1) The business of both Houses of Parliament shall be conducted in English and French.

(2) No bill shall be introduced nor debated in Parliament, nor adopted nor promulgated, nor published in the Official Gazette, unless it is presented simultaneously in English and French.

Article 96: Sessions of Parliament

(1) The Houses of Parliament shall sit at their usual place of sitting unless the President of the Senate or the Speaker of the National Assembly, as the case may be, otherwise directs in a particular case on grounds of public interest, security or convenience upon the recommendation of the Bureau of the appropriate House.

(2) The Senate and the National Assembly shall meet three times a year in ordinary sessions each of which shall last two months.

(3) During the session of Parliament neither House shall, without the consent of the other, adjourn for more than three working days nor to any other place than that in which it habitually sits.

(4) The Senate and the National Assembly shall examine and adopt the budget of the Federal Republic during one of the ordinary sessions.
(5) The Senate and the National Assembly may be summoned to an extraordinary session whenever the need arises by the President of the Senate and the Speaker of the National Assembly, respectively, at the written request of the President of the Federal Republic or of one-fifth of the members of each House to consider a specific programme of business. The President of the Senate and the Speaker shall summon the Senate and the National Assembly, respectively, within seven days of receipt of such request.

(6) The duration of an extraordinary session of Parliament shall not exceed fifteen days.

(7) Sessions of Parliament shall be open to the public provided that, where necessary, each House may meet in camera at the request either of the President of the Federal Republic after consultation with the Bureau of such House, or of one-third of its members

(8) The proceedings of each session of the Senate or of the National
Assembly shall be recorded. They shall be published in the official journal of each House except where, in the interests of secrecy or confidentiality, the House directs otherwise.

(9) Subject to the provisions of this Constitution, the Senate and the National Assembly shall each adopt standing orders to regulate, interalia(a) the procedure for summoning its members to ordinary and extraordinary sessions;

(b) the presiding of its sessions; ,

(d) all such other matters not specifically dealt with in this Constitution as it may consider fit for regulation by its standing orders.

(10) A member of the Federal Government may, at the request and/or with the permission of the President of the Senate or of the Speaker ofthe National Assembly, or at the request of the President of the Federal Republic, or of twenty (20) or more members of the appropriate House, take part without a vote in the deliberations of each House of Parliament or of a committee thereof in order:

(a) to give an account of any matter falling within his portfolio or,
(b) to explain any aspect of government policy, or

Article 97: The Agenda

The agenda or order of business of each House of Parliament shall be determined for each day and for the duration of every session by the Bureau of the House in consultation with the Executive.

Article 98: Quorum and Requisite Majorities

(1) Except as otherwise provided in this Constitution

(a) no question for decision of each House of Parliament shall be proposed for determination unless there are present in the House not less than two-thirds of all the members of the House;

(b) a simple majority of votes cast in each House of Parliament shall be sufficient for the passage of any bill or resolution of the House.

(2) Except as otherwise provided by law or by the standing orders of either House of Parliament voting in each House shall be by secret ballot.

(3) Before promulgating any bill, the President of the Federal Republic may either of his own motion or at the request of the Premier of a Federated State re-quest a reconsideration of the bill. Upon such reconsideration, the bill shall not be passed unless the majority required by paragraph (b) of sub-article (1) of this article includes a majority of the votes of the members of Parliament from the Federated State concerned.

Article 99: Introduction of Bills

(t) The power to make laws shall be exercised through bills passed by both Houses of Parliament and, except as otherwise provided by sub- article (11) of article 100, below, promulgated by the President of the Federation.

(2) No bill shall be introduced in Parliament unless:

(a) it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and

(b) it has been published in the Federal Official Gazette at least fifteen days prior to the date on which it is introduced in Parliament.

(3) Bills may be introduced either by the President of the Federal Republic or by a member of each House of Parliament. Provided that a bill introduced by a member of each House shall not be admissible unless it is supported by the signature of at least one-quarter of the members of that House. .

(4) Parliament shall not proceed upon a member's bill or motion, including an amendment thereto, which, in the opinion of the person presiding in each House:

(a) imposes taxation or alters taxation otherwise than by reduction; or

(b) imposes a charge upon the Consolidated Fund or other public funds of Cameroon or the alteration of any such charge otherwise than by reduction; or

(c) involves the payment, issue or withdrawal from the Consolidated Fund or other public funds of Cameroon of any moneys riot charged upon the Consolidated Fund or any increase in the amount of such payment, issue or withdrawal; or

(d) involves the composition or remission of any debt due to the Government of Cameroon; or

(e) would result in an increase in public charges without a corresponding reduction in other expenditure or the grant of equivalent new supply.

(5) Notwithstanding the provisions of sub-article (4) of this article, a bill or motion or amendment referred to therein may be passed by a joint session of both Houses of Parliament and, when so passed, shall be presented to the President for promulgation.

·(6} Where the President in the circumstances of sub-article (5) of this article withholds his assent or fails to promulgate the bill within fifteen days of its presentation for promulgation, the bill shall become law if, upon being again presented to a joint session of both Houses of Parliament, it is passed by two- thirds majority of members of each House and the assent of the President shall not be required.

Article 100: Mode of Exercising Legislative Power

(1) A bill may originate in either the Senate or the National Assembly and shall not become Law unless it has been passed and except as otherwise provided by this article and by article 99( 6) of this Constitution, promulgated in accordance with the provisions of this article. Provided that no appropriation bill shall originate otherwise than in the National Assembly.
(2) Where a bill is tabled before each House of Parliament, it shall be read the first time in plenary session. At this first reading, members of the House shall make such observations on the bill as they see fit to make.

(3) After the first reading, the bill shall be referred to the appropriate Committee of the House which shall examine it in detail and make all such inquiries in relation thereto as the committee considers expedient or necessary.

(4; The committee shall present a report of its deliberations to the House in plenary session. Its report, together with the explanatory memorandum to the bill, shall form the basis for a full debate on the bill prior to its passage, with or without amendments. or its rejection, by the House in plenary session.

(5) Where a bill has been passed by the House in which it originated, it shall be sent to the other House and it shall be presented to the President for promulgation when it has been passed by that other House and agreement has been reached between the two Houses on any amendment made on it.

(6) Where the two Houses disagree on any provision of a bill, the President of the Senate and the Speaker of the National Assembly shall nominate a joint committee of an equal number of members from each House to examine the points ofdisagreement. The joint committee shall submit its proposals to both Houses for approval.

(7) Where, in the circumstances of sub-article (6) of this article, the joint committee is unable to agree on a common proposal or where the joint committee submits a proposal but the two Houses continue to disagree on the joint committee's proposal, the bill shall be sent for a final vote to the National Assembly.

(8) Where a bill passed by Parliament is presented to the President for promulgation, he shall promulgate it within fifteen days unless, prior to the expiry of this period, he signifies to the President of the Senate and to the Speaker of the National Assembly his refusal to assent to the bill.
(9) Where the President refuses to promulgate a bill he shall, within fifteen days of its presentation for promulgation, address to the President of the Senate and to the Speaker of the National Assembly a request for consideration of the bill with specific recommendations for amendments, or, wherenecessary shall refer the bill to the Federal Supreme Court for examination of its compliance with the Constitution.

(10) Where a bill sent to Parliament for reconsideration is again passed by two- thirds majority of each House, the President shall promulgate it within the statutory time limit unless, in the meantime, the Federal Supreme Court has declared in a judgment that the bill is unconstitutional.
(11) Subject to the provisions of sub-article(s) (9) and (10) of this article, where the President fails to promulgate a bill within the period stipulated at sub-article (8) of this article without having signified his refusal to promulgate it, the bill shall be promulgated on the President's behalf by the Speaker of the National Assembly.

Article 101: Enrolment and Dissemination of Acts

(1) When any bill has become an Act of Parliament, the Clerk to the National Assembly shall promptly cause two fair copies of such Act in English and French to be enrolled in the offices of the Registrar of the Federal Supreme Court of each Federated State and of the Registrar of the Supreme Court and such copies shall be conclusive evidence of the provisions of the Act.

(2) The public shall have the right of access to such copies subject to such regulations as may be prescribed by Parliament to protect the durability of the said copies.

(3) In addition to enrolment as provided for under sub-article (1) of this article, the Clerk of the National Assembly shall cause a new Act to be published in the Official Gazette in English and French and be disseminated throughout the Federation by any other suitable means.

Article 102: Administration of the Houses of Parliament

The Administrative services of the Houses of Parliament shall be determined, regulated and organized by an Act of Parliament on the initiative of Parliament in consultation with the Executive.

CHAPTER VIII: THE FEDERAL EXECUTIVE

Article 103: Executive Power and Establishment of Office of the President of the Federal Republic

1) The Federal Executive power shall be vested in Government headed by the President of the Federal Republic of Cameroon and shall be exercised in accordance with the provisions of this Constitution.

(2) Executive power shall extend to the execution and maintenance of this Constitution and all laws made thereunder.

(3) The President of the Federal Republic of Cameroon shall be the Head of State, Head of Government and Commander-in-Chief of the Armed Forces of Cameroon.

(4) Subject to the provisions of this Constitution, the functions conferred upon the Government by the provisions of sub-article (1) of this article may be exercised by the President either directly or through officers subordinate to him.

Article 104: President· Qualifications, Disqualifications and Incompatibilities

(1) No person shall be qualified for election as the President of the Federal Republic of Cameroon unless:

(a) he is a citizen of Cameroon by birth;

(b) he does not in any way owe allegiance to any other Country;
(c) he has attained the age of forty and not exceeded the age of seventy;

(d) he is a person who is otherwise qualified to be elected as a
Member of Parliament;

(e)he has attained a level of education of at least secondary school;

(f) he has fulfilled all such other conditions as are laid down by this
Constitution or any law made thereunder.

(2) The President of the Federal Republic of Cameroon shall not, during
his tenure of office:

(a) hold any other public office whether civilian or military or any paid employment in any capacity whatsoever;

(b) hold any office in a political party or in an association.

Article 105: Tenure of Office of President

(1) A person elected as President shall hold office for a term of five years beginning with the date on which he is sworn in as President.

(2) A person or persons of the same Federated State shall not be eligible to hold office as the President of the Federal Republic of Cameroon continuously for more than two terms.

(3) Subject to the provisions of this Constitution, a person shall hold the office of President until:

(a) his successor in office takes the oath of that office; or
(b) he dies while holding such office; or

(d) he, otherwise ceases to hold office in accordance with the provisions of the Constitution.

(4) If, in the course of his term of office, the President dies or resigns or otherwise ceases to hold office in accordance with the provisions of this .Constitution, the person elected with him as Vice President shall be sworn in as President for the remainder of the current term of office.

Article 106: Removal from Office of President or Vice President
(1) The President or Vice President shall be removed from office if he is found, in accordance with the provisions of this article : .

(a) to have acted in willful violation of the oath of allegiance or of the
Presidential or Vice Presidential Oath or of any other provision of this Constitution; or

(b) to have conducted himself in a manner

(i) which brings or is likely to bring the high office of President into hatred, ridicule or contempt; or

(ii) prejudicial or inimical to the national economy orto the security of the State; or .

c) to be incapable of performing the functions of his office by reason of persistent neglect of his duties or of physical or mental incapacity.

(2) For the purposes of the removal from office of the President or Vice
President a notice in writing,

(a) signed by not less than one-third of all the members of Parliament in each House, and

(b) asking that the conduct or the physical or mental capacity of the
President or Vice President be investigated on any of the grounds specified in sub article (1) of this article shall be given to the President of the Senate who shall immediately inform the Chief Justice of the Supreme Court and deliver the notice to him.

(3)) The notice referred to in sub-article (2) of this article shall be accompanied by a statement in writing setting out in detail the facts, supported by the necessary documents, if any, which appear to justify the demand that the conduct or the physical or mental capacity of the President or Vice President be investigated for the purposes of his removal from office.

(4) Subject to the provisions of sub-article (5) of this article, the Chief Justice of the Federation shall, forthwith, set up a commission consisting of himself as Chairman and of the four most senior Justices of the Supreme Court, which commission shall inquire, in camera, whether there is a prima facie case for the removal of the President or Vice President.

(5) Where a notice under the provisions of sub article (2) of this article is delivered to the Chief Justice of the Federation in respect of the removal from office of the President or Vice President on the grounds of physical or mental incapacity, the Chief Justice of the Federation shall, in consultation with the professional Head of the Cameroon Health Services, cause a medical board to be convened which shall consist of not less than three eminent medical specialists.

(6) The President or Vice President shall submit himself for examination by the medical board within fifteen days of the appointment of the board.
(7) The President or Vice President shall be entitled during the proceedings of the commission or medical board as the case may be, to be heard in his defense either by himself or through Counsel or other expert person, as the case may be, of his own choice.

(8) Parliament shall make rules for the practice and procedure of the commission and the medical board referred to respectively in sub- articles (4) and (5) of this article.

(9) Where the commission or medical board specified in sub-articles (4) and (5) of this article determines that there is a prima facie case for the removal of the President or Vice President or that the President or Vice President is by reason of physical or mental incapacity unable to perform the functions of his office, the findings shall forthwith be submitted to the President of the Senate who shall immediately summon a joint session of Parliament.

(10) Parliament shall, in joint session within fifteen days of the date of the findings of the commission or medical board, move a resolution whether the President or Vice President shall be removed from office.

(11) The resolution for the removal from office of the President or Vice President shall be supported, on a secret ballot, by the votes of not less than two-thirds of all the members of Parliament after prior debate in a joint session.

(12) The proceedings of Parliament for the removal of the President or Vice President shall not be held in camera, except where Parliament otherwise orders in the national interest.

(13) The President or Vice President shall cease to hold office as President or Vice President the date Parliament resolves that he be removed from office.

Artlcle107: Functions, Powers and Duties of the President

(1) As Head of State, the President shall uphold, protect and defend this Constitution as the Supreme Law, and shall perform with honour, dignity and leadership all acts necessary, expedient, reasonable and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of Cameroon, which he shall be constitutionally obliged, to obey, to protect to administer and to execute.

(2) The President and the Cabinet shall, each year, during the consideration of the official budget, attend Parliament. During such session the President shall address a joint meeting of the two chambers of Parliament on the state of the nation and on the future policies of the Government, report on the policies of the previous year including all the steps his government has taken to ensure the realization of the Fundamental Principles of State Policy and Action contained in this Constitution and shall be available to respond to questions of Members of Parliament relating to this address.

(3) Without derogating from the generality of the functions and powers contemplated by sub-article (1) hereof, the President shall preside over meetings of the Cabinet and shall have the power, subject to this Constitution, to:

(a) dissolve the National Assembly in the circumstances provided for in Article 93(2) hereof;

(b) determine the times for the holding of special sessions of Parliament and to prorogue such sessions;

(c) accredit, receive and recognize ambassadors, and appoint ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

(d) pardon or reprieve convicted offenders, either unconditionally or subject to such conditions as he may deem fit;

(e) negotiate and sign international agreements subject to ratification by Parliament, and to delegate the exercise of this power;

(f) declare a state of emergency, or a state of national disaster: provided that this power shall be exercised subject to the terms of articles 73 and 74 of this Constitution;

(g) establish and dissolve such Government departments and ministries as he may at any time consider to be necessary or expedient or no longer useful for the good government of Cameroon;

(h) confer such honours as he considers appropriate on citizens, residents and friends of Cameroon in consultation with interested and relevant persons and institutions;

(i) appoint the following persons subject to confirmation by Senate:
(I) Federal Ministers and Deputy Federai Ministers;

(ii) Heads of public corporations;

(iii) Ambassadors and consuls;

(iv) any other person or persons who are required by any other provision of this Constitution or any other law to be appointed by the President on the approval of the Senate.

(4) Subject to the provisions of this Constitution dealing with the signing of any laws passed by Parliament and the promulgation and publication of such laws in the Official Gazette, the President shall have the power to:

(a) sign and promulgate any instrument which by law he is entitled to issue as President;

(b) initiate, in so far as he considers it necessary and expedient, bills for submission to and consideration by Parliament.

(5) Subject to the provisions of this Constitution or any other law, any person appointed by the President pursuant to the powers vested in him by this Constitution or any other law may be removed by the President.
(6) Subject to the provisions of this Constitution and of any other law applicable in this matter, the President may, in consultation with the Cabinet and on the recommendation of the Public Services Commission:
(a) constitute any office in the public service of Cameroon not otherwise provided for by any other law;
(b) appoint any person to such office;

(7) All appointments made and actions taken under sub-articles (3), (4), (5) and (6) hereof shall be announced by the President by insertion in the Official Gazette.

(8) The President, as Commander-in-chief of the Armed Forces, shall have power to deploy Cameroonian military forces in combat or non-combat operations abroad, but only where Parliament by express resolution authorizes such deployment. Provided that, where the need arises to respond immediately to any foreign invasion or attack upon the territory of the Federal Republic of Cameroon, the President shall have power to deploy the Armed Forces of Cameroon without prior Parliamentary authorization, but in consultation with the National Defense Council.

(9) Subject to the provisions of this Constitution, any action taken by the
President pursuant to any power vested in him by the terms of this article may be reviewed, reversed or corrected on such terms as are deemed expedient and proper by the Senate on the proposal of at least one-third of the members of the Senate and adopted by resolution of a two-third majority of all the members of the Senate.

(10) The review, reversal or correction of any action in application of sub- article (9) of this article shall not invalidate the result or effects so far of such action except as otherwise provided by Act of Parliament.

Article 108: Remuneration

The President shall receive such salary and allowances and, on retirement, such gratuity or other allowances, as shall be determined by an Act of Parliament and published in the Official Gazette.

Article 109: Declaration of Assets and Liabilities; Presidential Oath

(1) The person elected to the office of President shall declare his assets and liabilities as prescribed in this Constitution and shall subsequently subscribe and take the oath of allegiance and the oath of office prior to his beginning to perform the functions of that office.

(2) The oath of office of the President shall be administered in any suitable and' appropriate place by the Chief Justice of the Supreme Court or by the person for the time being appointed to exercise the functions of the latter office.

Article 110: Election of President

(1) A person shall not be a candidate in a presidential election unless he is nominated for election as President by a document signed by him which:

(a) is either issued by a legally recognized political party or is signed by five thousand (5000) registered voters drawn as evenly as possible from all over the national territory; and

(b) designates the person to serve as Vice President: provided that both the Presidential and Vice Presidential candidates shall not come from the same Federated State; and

(2) An Act of Parliament shall determine the detailed procedure for the application of the provisions of sub-article (1) of this article.

(3) The President shall be, elected by direct universal suffrage and by secret ballot.

(4) Subject to the provisions of this constitution, the presidential election shall be conducted in accordance with such rules and procedures as may be prescribed by Act of Parliament.

(5) A person shall not be declared elected as President of the Federal Republic of Cameroon unless he obtains more than fifty per cent of the total number of valid votes cast at the election and not less than ten per cent of the votes cast in each province.

(6) Where, at a presidential election, there are more than two candidates and no candidate obtains the percentages of votes specified in sub- article (5) of this article, a second election shall be held within twenty days from the date of that election between the two candidates who obtained the two highest numbers of votes at that election.

(7) Where, at a presidential election, three or more candidates obtain the two highest numbers of votes referred to in sub-article (6) of this article, and unless there are withdrawals such that only two candidates remain, the two candidates with the widest territorial spread of votes shall proceed to a second election.

(8) Where, in the second election conducted in the circumstances of sub-articles (6) or (7) of this article, the two- candidates obtain an equal number of valid votes cast, the candidate with the greater territorial spread of votes shall be declared elected.

(9) A person who is a candidate for election of the President may withdraw his candidacy at any stage in the electoral process.

(10) Where, as a result of withdrawals or any other cause except death, only one candidate is left in a presidential election, the voters shall proceed to vote on that single candidate.

(11) Where, in the circumstances of sub-article (10) of this article, the single candidate fails to obtain the percentages of vote s specified in sub- article (5) of this article, the election shall be declared null and void and the electoral process shall recommence within a period of not more than two months nor less than one month, from the date of the last election.
(12) Where, as a result of the death prior to election day of one or more candidates, only one candidate is left in a presidential election, the election process shall stop and shall recommence within a period of not less than thirty days nor more than sixty days from the day on which the single candidacy arose.

(13) The election of the President shall be held so as to take place:

(a) where a President is in office, not earlier than ninety days nor later than twenty days before the expiry of the current term of office; and

(b) in any other case, within forty-five days after the office of President becomes vacant.

(14) An instrument which is executed under the hand and seal of the National Electoral Commissioner and which states that the person named therein was declared elected as President of the Federal Republic of Cameroon at the presidential election shall be prima facie evidence that the person named in it was so elected.

Article 111: Challenging Election of President

The validity of the election of the President may be challenged by a citizen of Cameroon who took part in the poll through a petition presented in that behalf to the Federal Supreme Court within twenty days of the declaration of the result of the election in respect of which the petition is presented.
A declaration by the Federal Supreme Court that the election of the President is not valid shall be without prejudice to anything done by the President before that declaration.
The practice and procedure for the presentation and examination of petitions to the Federal Supreme Court challenging the election of a president shall be laid down by Act of Parliament.

Article 112: Absence from the Country

The President shall not leave Cameroon without prior written notification signed by him and addressed separately to the President of the Senate and the Speaker of the National Assembly.
Except on grounds of his health, the President shall not go on private visits abroad more than twice in one year, nor shall the total number of days of his absence on private visits abroad exceed sixty (60) in one year.

Article 113: Public and Presidential Seals

There shall be a Public Seal and a Presidential Seal, the use and custody of which shall, subject to the provision of this constitution, be regulated by Parliament.

Article 114: Presidential Immunity

No action may be commenced or continued against the President while he is in office for any acts of omission committed before he assumes office.
Subject to the operation of writs of habeas corpus, mandamus prohibition and certiorari, the President shall not, while in office, be liable to proceedings in any court for any act done in the performance of his functions. Provided, however, that such act may, where appropriate, give rise to removal proceedings under article 106 of the present constitution.
It shall be lawful to institute proceedings, whether civil or criminal, against a former president within three years after he ceases to hold office as President for any acts done or omitted to be done in his personal capacity before he assumed office or while holding office as President.
In ascertainingwhether any period of limitation has expired for the purpose of any civil, criminal or administrative proceedings against a former president, no account shall be taken of the period of office.

Article 115: The Vice President

(1) There shall be a Vice President of the Federal Republic of Cameroon who shall perform such functions as may be assigned to him by this Constitution or by the President.

(2) A candidate forthe office of Vice President shall be designated by the candidate for President before the presidential election. Provided that such candidate designated for the office of Vice President shall not come from the same Federated State as the candidate for President.

(3) The provisions of Article 104 of this Constitution shall apply to a candidate for election as Vice President.

(4) A candidate shall be deemed to be duly elected as Vice President if the candidate for President who designated him as candidate for electionto the office of Vice President has been duly elected as President in accordance with the provisions of Article 110 of this Constitution.

(5) The Vice President shall, before commencing to perform his functions as Vice President, declare his assets and take and subscribe the oath of allegiance and the Vice Presidential oath set out in the Schedule to this Constitution.

(6) Whenever the President dies, resigns or is removed from office, the Vice President shall assume office as President for the unexpired term of office of the President with effect from the date of the death, resignation or removal of the President.

(7) Whenever the President is absent from Cameroon or is for any other reason unable to perform the functions of his office the Vice President shall perform the functions of the President until the President is able to resume the performance of his function.

(8) The Vice President shall, before commencing to perform the functions of the President under the provisions of sub-article (6) of this article, take and subscribe the oath in relation thereto set out in the Schedule to this Constitution.

(9) The Vice President shall, upon assuming office as President by virtue of the provisions of sub article (6) of thisarticle, nominate a person from a Federated State other than his own,subject to the provisions of article 104 of this Constitution, to the office of Vice President; provided that the nomination shall be subject to approval by the Senate.

(10) The provisions of article 114 of the present Constitution shall apply, mutatis mutandi, in respect of the Vice President.

Article 116: Unavailability of both President and Vice President
(1) Where the President and the Vice President are both unable to performthe functions of the President, the President of the Senate shall perform those functions until the President or vice President is able to resume their performance or a new President assumes office, as the case may be.

(2) The President of the Senate shall, before commencing to perform the functions of the President under the provisions of sub-article (1) of this article, take and subscribe the oath of office in relation thereto.

(3) Where the President of the Senate assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice President, there shall be a presidential election within 60 days of that assumption of office and, during this interval, neither this Constitution nor any law for the election of the President nor any subordinate legislation relating thereto shall be amended.

Article 117: Order of Precedence

In descending order, the President of the Federal Republic, the Vice President, the President of the Senate, the Speaker of the National Assembly, and the Chief Justice of the Federation shall take precedence over all other persons in Cameroon.

Article 118; The Federal Cabinet (Federal Ministers)

(1) There shall be a Federal Cabinet which shall consist of the President, the Vice President and not more than twenty Federal Ministers.

(2) The Cabinet shall assist the President in the formulation and implementation of the general policy of the Government.

(3) There shall be a Secretary to the Cabinetwho shall beappointed by the President.

(4) The Cabinet shall meet at least twice a month under the chairmanship of the President ; and in the absence of the President, under the chairmanship of the Vice President or such other Minister as the Vice President may nominate .

(5) The Cabinet shall regulate the procedure to be followed at its meetings.

(6) Federal Ministersshall be appointedby the President subject to confirmation by the Senate. .

(7) The President may, in consultation with a Federal Minister and subject to confirmation by the senate appoint one or more Deputy Federal Ministers to assist the Minister in the performance of his functions.

(8') A person shall not be appointed a Federal Minister or a Deputy Federal Minister unless he is qualified to be elected as a member of the National Assembly.

(9) The total number of Federal Ministers and Deputy Federal Ministers shall not at any time exceed twenty-five.
(10) A Federal Minister or Deputy Federal Minister shall not, while he continues in office, hold either directly or indirectly any other office of profit or emolument whether private or public.

(11) A Member of Parliament appointed a Federal Minister or Deputy Federal Minister who accepts the appointment shall resign from Parliament before he enters into office of Federal Minister or Deputy Federal Minister.

(12) A Federal Minister or a Deputy Federal Minister shall not enter upon the duties of his office unless he has declared his assets and liabilities and taken and subscribed to the oath of allegiance, the oath of Federal Minister and the cabinet oath as set out in the Schedule to this Constitution.

(13) The office of a Federal Minister or of a Deputy Federal Minister shall become vacant :

(a) if the appointment is revoked by the President; or

(b) if its holder is elected as a Member of Parliament; or
(c) if its holder resigns from office or dies.

Article 119 : Vote of Censure of Federal Ministers

(1) Parliament may, by a resolution supported by the votes of not less than two- thirds of the members of each House, pass a vote of censure on a Federal Minister or Deputy Federal Minister and upon the passing of such resolution, the President shall forthwith revoke the appointment of the Federal Minister or Deputy Federal Minister concerned.

(2) A motion for the resolution referred to in sub-article (1) of this article shall not be moved in Parliament unless:

(a) seven days' notice has been given of the motion; and

(b) the notice for the motion has been signed by not less than one- third of all the members of each House of Parliament.

(3) The motion shall be debated in Parliament within fifteen days after the receipt by the President of the Senate or the Speaker of the National Assembly of the notice for the motion.

(4) A Federal Minister or Deputy Federal Minister in respect of whom a vote of censure is debated pursuant to sub-article (3) of this article shall be entitled, during the debate, to be heard and to be defended by counsel of his choice.

(5) Parliament may, by legislation provide the detailed procedure for the application of this article of the present Constitution.

Article 120: Attorney General of the Federation

(1) There shall be an AttorneyGeneral of the Federation appointed by the
President subject to approval by the Senate. He shall be the Federal Minister of Justice.

(2) The Attorney General shall:

(a) exercise the final responsibility for the office of the Prosecutor General

(b) be the principal legal adviser to the Government;

(c)take all action necessary for the protection and upholding of the
Constitution;

(d) have audience in all Courts in Cameroon;

(e) perform all such functions and duties as may be assigned to him by Act of Parliament or by the President.

Article 121: The Prosecutor General

(1) There shall be a Prosecutor General appointed by the President on the recommendation of the National Judicial Service Commission.

(2) No person shall be eligible for appointment as Prosecutor General
unless he:

(a) possesses professional qualifications that would entitle him to practice in the courts of Cameroon;

(b) is, by virtue of his experience, conscientiousness and integrity as ascertained by the National Judicial Service Commission, a fit and proper person to be entrusted with the responsibilities of the office of Prosecutor General. .

(3)the Prosecutor General shall have power, subject to the provisions of this Constitution and of any other law: '

(a)to initiate and conduct all prosecutions of criminal offences, in the name of the Federal Republic of Cameroon;

(b) to prosecute and defend criminal appeals;

(d) to delegate to other competent officials, subject to his control and direction, authority to conduct criminal proceedings in any court;

(e) to perform all such other functions as may be assigned to him in terms of any other law.

Article 122: Special Advisers

(1) The President may appoint not more than three persons as Special Advisers to assist him in the performance of his functions.

(2) The remuneration and allowances of such Special Advisers shall be prescribed by resolution of the National Assembly.

(3) Any appointment made pursuant to the provisions of this article shall be at the pleasure of the President and shall cease when the President ceases to hold office.

(4) Any person appointed Special Adviser under this Article shall not begin to perform the functions of his office until he has declared his, assets and liabilities and taken the oath of allegiance as prescribed in this Constitution.

CHAPTER IX : THE JUDICIARY

Article 123: Judicial Power and Independence

(1) Justice shall be administered within the territory of each Federated State in the name of the Cameroonian People, in accordance with the provisions of this Constitution, of federal laws and of the Constitution, enactments, procedures, practices, ethics, usages and customs in force in each Federated State. Provided that no custom shall be observed, applied or enforced if in the opinion of the court it is contrary to natural justice, equity orgood conscience or if it is incompatible with any law for the time being in force.

(2) The Judicial power of the Federal Republic of Cameroon shall vest in the Judiciary of which the Chief Justice of the Federation shall be the head; accordingly, no organ or agency of the executive or of the legislature shall purport to exercise any judicial power.

(3) The judicial power vested in the courts in accordance with the provisions of this article shall extend to all inherent powers and sanctions of a courtof law.

(4) Subject to the provisions of this Constitution, the Judiciary shall have
jurisdiction in all matters civil, criminal, administrative and constitutional and in such other matters in respect of which Parliament may, by or under an Act of Parliament, confer jurisdiction on the Judiciary.

(5) The Judiciary shall consist of the Federal Supreme Court, the Supreme Courts of Federated States, Provincial Courts of Appeal, and such other lower Courts and traditional Courts as Parliament may by law establish.

(6) The Courts of Cameroon at all levels shall be independent and subject only to this Constitution and the Law. In the exercise of its power the Judiciary in both its judicial and administrative functions, including financial administration, shall be subject only to this Constitution or any other law and shall not be subject to the control or direction of any person or authority except as provided in this Constitution .

(7) No member or officer of the Executive or of the Legislature or any other person shall interfere with judicial officers in the exercise of their judicial functions nor interfere with the execution of court judgments, orders and decisions.

(8) All organs and agencies of the State shall accord such assistance as the Courts may require to protect their independence, dignity and effectiveness subject to the terms of this Constitution or any other law.

Article 124: Appointment of Judges

(1) The Chief Justice of the Federation and all other Justices of the Federal Supreme Court shall be appointed by the President on the recommendation of the National Judicial Service Commission, subject to confirmation by the Senate.

(2) Upon the same recommendation, and subject to confirmation by the appropriate State Representative Council, the President shall appoint the Chief Justice of each Federated State.

(3) All other Judges shall be appointed by the President on the recommendation of the National Judicial Service commission.

Article 125: Judicial Oath

(1) The Chief Justice of the Federation, Justices of the Federal supremeCourt, the Chief Justice of a Federated State and all other Judges shall, before assuming the functions of their office, take and subscribe the judicial oath set out in the Schedule to this Constitution.

(2 The judicial oath referred to in sub-article (1) of this article shall be administered by the President of the Senate before a joint session of Parliament in the case of the Chief Justice of the Federation, by the Chief Justice of the Federation before a special session of the Federal Supreme Court in the case of other Justices of the Federal Supreme Court, by the Chief Justice of the Federation before a special session of the relevant State Legislature in the case of the Chief Justice of a Federated State, and by the relevant Chief Justice of a Federated State before a special session of the State's Supreme Court in the case of all other Judges.

Article 126: Tenure of Office

(1) The Judges of the Federal Supreme Court and of all other courts shall hold office during good behaviour.

(2) The Chief Justices and other Judges of the Federal supreme Court and of the Supreme Courts of the Federated States shall be free to retire at any time after attaining the age of sixty years and shall vacate their office either on attaining the age of seventy years or upon resignation or upon removal in accordance with the provisions of article 127 of the present Constitution.

(3) All other Judges shall be free to retire at any time after attaining the age of fifty years and shall vacate their office either on attaining the age of sixty years or upon resignation or upon removal in accordance with the provisions of Article 127 of this Constitution.

(4) A Chief Justice or Judge of the Federal Supreme Court or of the Supreme Court of a Federated State may resign from office by writingunder his hand addressed to the President. Any other Judge may resign by writing under his hand addressed to the Chief Justice of the Federation.

Article 127: Removal from Office

(1) TheChief Justice of the Federation or the Chief Justice of a Federated State may, for inability to perform the functions of his office arising from infirmityof bodyor mind orforgross misconduct, and after Parliamentary investigation, be removed from office before the expiry of his tenure by the President on an address supported by two-thirds majority vote of the Senate.

(2) The Justices of the Federal Supreme Court and of the Supreme Courts of Federated States may, for inability to perform the functions of the office arising from infirmity of body or mind or for gross misconduct, be removed from office before the expiry of their term of office by the President on the recommendation of the National Judicial Service Commission supported by two- thirds majority vote of the Senate.

(3) All other judicial officers may, for the same reasons as in sub-article (1) of this article, be removed from office before the expiry of theirtenure by the President acting on the recommendation of the National Judicial Service Commission.

(4) In all investigations as to whether or not a Judge should be removed from office, and except where the Judge requests otherwise, the proceedings shall be held in camera and the Judge being investigated shall be entitled to be heard in his defence by himself or by Counselor other expert person of his choice.

(5) If the deliberations of the National Judicial Service Commission pursuant to this article involve a member of the Commission, such member shall not participate in the deliberations of the Commission and the President shall appoint another person to fill the vacancy at the Commission until the latter has completed its investigations and deliberations.

Article 128: Salaries, Pensions, etc Guaranteed

(1) The administrative expenses of the Judiciary, including all salaries, allowances, gratuities and pensions payable to, orin respect of, persons serving in the Judiciary, shall be charged upon the Consolidated Fund.
(2) The salary, allowances and privileges, rights in respectof leaveof absence, gratuity or pensions and other conditions of service of judicial officers shall not be varied to their disadvantage and shall be so fixed as to be capable of securing the independence, dignity, impartiality, obiectivity and professional integrity of the Judiciary.

Article 129: Judicial Immunity and Impartiality ,

(1) A judicial officer shall not be liable to any action or suit for any matter or thing done by him in the performance of his judicial functions.

(2) No judicial officer shall sit in judgment over a matter in which he has any direct or indirect interest that is likely to affect his impartiality.

(3) A party to any proceeding shall have the right to object to any judge sitting over any matter or proceeding in which the judge's impartiality may be compromised. .

Article 130: Applicable Law, Practice and Procedure

In the judicial determination of anymatter, and subject to the provisions of articles 123(1) and 294 of this Constitution, every court shall apply the laws, procedures, practices, ethics and usages prevailing in the area of the country over which it has jurisdiction.

Article 131: Public Nature of Court Proceedings

The proceedings of every court, including the announcement of the decision of the court, shall be held in public; provided that the court may, in the interest of public morality, public safety or public order exceptionally hold proceedings, except for the announcement of its decision, in camera.

Article 132: Binding Nature of Decisions Precedent

(1) Judgments of the Federal Supreme Court on points of law shall be binding on all lower courts.

(2) Judgments of the Supreme Court of a Federated State on points of law shall be binding on all Law or courts of the Federated State concerned.

Article 133: Enforcement of Court Judgments and Orders
Judgments and orders of any court established under this Constitution or under any other law which have become final shall be enforceable everywhere within the Federal Republic of Cameroon. An Ad of Parliament shall lay down the rules and procedures governing the execution of judgments taking into account the provisions of sub article (1) of article 123, above.

THE FEDERAL SUPREME COURT

Article 134: Composition

(1) The Federal Supreme Court shall comprise:

(a) the Chief Justice of the Federation, who shall be the head of the Judiciary and President of the Federated Supreme Court; and
(b) such number of Justices of the Federal Supreme Court as shall not be less than twelve (12) nor more than twenty (20). Provided that in appointing judges to the Federal Supreme Court, at no time shall the number of judges of civil law or common law training, respectively, be less than six (6).

(2) The Federal Supreme Court shall consist of :
- the Full Bench,

- the Constitutional Bench,

- the Administrative Bench,

- the Fiscal Bench,

- the Civil Law-Bench, and

- the Common Law Bench

(3) Only Justices of the Federal Supreme Court with sufficient training and professional experience in the civil law and in the common law shall be eligible for appointment to the Civil Law Bench and the Common Law Bench, respectively.

(4) subject to such other functions as may be assigned by law:

(a) The FullBenchof the Federal Supreme Court shall

(i) decide conflicts of jurisdiction between the Supreme Courts of the Federated States;

(ii) give final judgment on appeals from judgments of the Supreme Courts of the Federated States whenever the application of Federal law is in issue;

(iii) decide on disputes between Federated States or between any of them and the Federation;

(iv) Decide on contacts in the interpretation of Federal Law.
(b) The Constitutional Benchshall adjudicate on any disputes involving the interpretation and application of this Constitution or arising out of the alleged violation of provisions of this Constitution.
(c) The AdministrativeBenchshall exercise appellate jurisdiction in administrative matters and disputes in accordance with the provisions of this Constitution or of other law.

(d) The FiscalBenchshall adjudicate on any dispute and matters, other than criminal matters, concerned with the execution of the national budget, the collection and distribution of public revenue and the management of public funds in accordance with the provisions of this Constitution or of other law. In particular, it shall adjudicate appeals from High Court, concerning such matters as customs and excise, federal revenue and taxation, banking, foreign exchange, and currency.

(e) The CivilLawBenchshall hear all appeals from the Supreme Court of the Federated State of East Cameroon which involve the application and/or interpretation of the civil law applicable in that Federated State.

(F) The CommonLawBenchshall hear all appeals from the Supreme Court of the Federated State of West Cameroon which involve the application and/or interpretation of the common law applicable in that Federated State.

(5) Each Bench of the Federal Supreme Court, other than the Full Bench, shall be headed by a "Judge - President" of that Bench who shall preside during its sessions. He shall be appointed by the Chief Justice of the Federation from among the Justices of the Federal Supreme Court.
(6) The Full Bench of the Federal Supreme Court shall, during its sessions, be presided by the Chief Justice of the Federation and, in his absence, by the most senior member of the Federal Supreme Court.

Article 135: Quorum

(1) The Full Bench or the Constitutional Bench shall not sit over any "matter unless at least nine members are present; provided that, among the members present not less than four shall be of civil law or common law training, respectively.

(2) The Administrative Bench or the Fiscal Bench shall not sit over any matter unless at least five of its members, not less than two of whom must be of either the common law or the civil law training, are present.
(3) The Civil Law Bench or the Common Law Bench shall not sit overany matter unless at least five members are present.

Article 136: Qualification for Appointment as Justice of the Federal Supreme Court

No person shall be qualified for appointment as the Chief Justice of the Federation or as a Justice of the Federal Supreme Court unless:

(i) He is a Cameroonian of good moral character;

(ii) He has attained the age of at least forty-five (4S) years but not more than seventy (70) years;

(iii) He has practiced law for at least twenty (20) years either as a private legal practitioner, or as a judicial or legal officer or as a law teacher and provided, in the case of a judicial or legal officer, that he has already attained the highest grade and, in the case of a law teacher, that he has attained the rank of professor.

Article 137: Original Jurisdiction

(1) The Constitutional Bench of the Federal Supreme Court shall, except as otherwise provided in this Constitution, have original jurisdiction, to the exclusion of all other courts:

(a) In all matters relating to the enforcement and/or interpretation of any provision of this Constitution or to the alleged violation of provisions of this Constitution

(b) Where a question arises as to whether an enactment was made in excess of the powers conferred upon Parliament or any other authority or person by law or under this Constitution.

(2) Where a question relating to a matter or question as is referred to in sub-article (1) of this article arises in any proceedings in any court, other than the Federal Supreme Court, that court shall stay the proceedings and refer the question of law to the Constitutional Bench of the Federal Supreme Court for determination; and the court in which the question arose shall dispose of the issue in accordance with the decision of the Constitutional Bench of the Federal Supreme Court.

Article 138: Appellate Jurisdiction of the Federal Supreme Court

(1) The Federal Supreme Court shall be the final appellate court in and for Cameroon and shall have such appellate and other jurisdiction as may be conferred upon it by this Constitution or any other law.

(2) The Federal Supreme Court shall have jurisdiction, to the exclusion of any other court, to hear and determine admissible appeals from the Supreme Courts of Federated States.

(3) An appeal shall be from a judgment, decree or order of a Provincial Court of Appeal directly to the Federal Supreme Court where the Provincial Court of Appeal so orders of its own motion upon being satisfied that the case involves a substantial question of federal law or is of public importance.

Article 139: Supervisory Jurisdiction of the Federal Supreme Court

The Federal Supreme Court shall have supervisory jurisdiction over all other courts in the Federal Republic of Cameroon and over any adjudicating authority. In the exercise of its supervisory jurisdiction, it shall have power to issue such directions, orders, or writs, including writs or orders in the nature of habeas corpus, certiorari, mandamus and prohibition, as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers.

Article 140: Rules of the Federal Supreme Court

(1) A Rules of Court Committee set up and chaired by the Chief Justice of the Federation shall make Rules of Court for regulating the practice and procedure of the Federal Supreme Court taking into account the provisions of sub-article (1) of article 123, above.

(2) The Rules of Court made pursuant to sub-article (1) of this article shall be published in the Official Gazette and upon publication, shall become the Rules of Practice and Procedure of the Federal Supreme Court.

Article 141: Court Fees and Fines

The fees, fines or other moneys taken by the courts shall form part of the Consolidated Fund.

FEDERATED STATE SUPREME COURTS

Article 142: Establishment and Jurisdiction

(1) There shall be established in each Federated State a State Supreme Court.

(2) The Supreme Court of each Federated shall consist of:

(a) the Chief Justice of the Federated State who shall be the head of the judiciary in the Federated State;

(b) not less than six (6) nor more than ten (10) Justices.

(3) The Supreme Court of each Federated States shall be duly constituted
by any five Justices thereof and when so constituted shall be presided by the Chief Justice of the Federated State or, in his absence, by the most senior of the Justices.

(4) The Supreme Court of each Federated State shall hear and determineall appeals from the Provincial Courts of Appeal of the Federated State and such appeals from the High Courts within the State as may be granted under this Constitution,by Act of Parliament or by the Constitution or other enactment of the Federated State concerned.

Article 143: Qualifications for Appointment as Justice of the Supreme Court of a Federated State or of a Provincial Court of Appeal

No person shall be qualified for appointment as Justice of the Supreme Court of a Federated State or of a Provincial Court of Appeal unless:
(i) he is a Cameroonian citizen of good moral character;

(ii) he has attained the age of at least forty (40) years but not more than Sixty (60) years;

(iii) he has practiced law for at least fifteen years either as a private legal practitioner, or as a judicial or legal officer, or as alaw teacher: provided, inthe case of a judicial or legal officer, that he has already attained the highest grade and, in the case of a law teacher, that he has attained the rank of professor.

PROVINCIAL COURTS OF APPEAL AND OTHER LOWER COURTS

Article 144: Power to Establish Courts

Each Federated State shall have power to establish, in consultation with the Federal Government and in the light of its legal system and of the provisions of sub-article 1 of article 123 of the present Constitution, such Courts as it may deem necessary forthe proper administration of justice.

Article 145: Courts of Inferior Jurisdiction

Without prejudice to the generality of the provisions of article 144 of this
Constitution, there shall be established:

(i) a Provincial Court of Appeal for each Province,
(ii) a High Court for each Local Council Area,

(iii) a Magistrates Court for each Magisterial District, and
(iv) a Customary or Alkali Court for each Customary Court Area

Article 146: Jurisdiction of Lower Courts

i) The Provincial Court of Appeal shall hear and determine appeals from the Customary and Alkali Courts, the Magistrates Courts as well as from the High Court in such matters as are provided by this Constitution orby an Act of Parliament.

(2) The High Court and the Magistrates Court shall have original jurisdiction in criminal and civil matters as shall be determined by Act of Parliament.

(3) The jurisdiction of the Customary and Alkali Courts shall be set out by an Act of Parliament; provided that neither a customary court nor an alkali court shall have power to try any criminal matter.

(4) In addition to any other jurisdiction that may be conferred on it by an Act of Parliament, the High Court shall have and exercise jurisdiction in the following matters in respect of which appeals shall lie directly to the Supreme Court of the Federated State and, from there, to the Federated Supreme Court

(a) Administrative litigation;
(b) Admiralty jurisdiction;

(d) Bankruptcy and Liquidation;
(e) Copyrights;

(f) Currency;

(g) Customs and Excise;
(h) Federal Revenue;

(i) Felonies;

. (j) Foreign Exchange;

(k) Human Rights abuses;

(I) Patents, Designs and Trademarks;
(m) Wills.

(5) The High Court shall have supervisory jurisdiction over the Magistrates courts, Customary Courts, Alkali Courts, any other inferior courts and any adjudicating authority. In the exercise of its supervisory jurisdiction, the High Court shall have power to issue such directions and orders or writs, including writs or orders in the nature of habeas corpus, certiorari, mandamus and prohibition, as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory power.

(6) The Provincial Court of Appeal shall have jurisdiction to entertain appeals from the High Court in all matters for which appeals do not lie directly to the Supreme Court of the Federated State.

CHAPTER X: FEDERAL FINANCES

Article 147: Taxation

Duties and taxes shall be uniformly imposed throughout the Federal Republic of Cameroon and shall not be imposed otherwise than by or under the authority of an Act of Parliament.

Article 148: Consolidated Revenue Fund

A Consolidated Revenue Fund is hereby established into which shall be paid all revenues or other moneys raised or received for the purpose of, or in trust for, or on behalf of, the Federal Government except those that, as provided by an Act of Parliament, are either payable into some other fund established for specific purposes, or may be retained by a Government Department by which they are received to be used in defraying that Department's expenses.

Article 149: Withdrawal from the Consolidated Revenue Fund
(1) No moneys shall be withdrawn from the Consolidated Revenue Fund except:

(a) to meet the expenditure that is charged upon the Fund by this Constitution or by an Act of Parliament; or

(i) by an appropriation Act; or

(ii) by a supplementary estimate approved by a resolution of Parliament passed in that behalf; or

(iii) by an Act of Parliament pursuant to any provision of this
Constitution; or

(iv) by rules or regulations madeunder an Act of Parliament in respect of trust moneys paid into the Consolidated Fund.

(2) No moneys shall be withdrawn from any public fund, other than the
Consolidated Revenue Fund and the Contingency Fund, unless the issue of those moneys has been authorized by orunderthe authority of, an Act of Parliament.

(3) A regular statement and account of receipts and expenditures of all public moneys shall be published on the 30thJune and 31stDecemberof each year by the Federal Government.

Article 150: Preparation and Presentation of Appropriation Bill
(1) The President of the Federal Republic shall cause to be prepared and laid before Parliament at least sixty (60) days before the end of the financial year estimates of the revenue and expenditure of the Federation for the following financial year. '

(2) The estimates of the expenditure of all public offices and public corporations, other than those set up as commercial ventures, shall be classified under programmers or activities and shall be included in a bill to be known as an Appropriation Bill.

(3) The Appropriation Bill shall be introduced into Parliament to provide for the issue from the Consolidated Revenue Fund, or such other appropriate fund, of the sums of money necessary to meet estimated expenditure and the appropriation of those sums for purposes specified therein:

(4) Parliament shall prescribethe procedure to the presentation of Appropriation Bills.

Article 151: Supplementary Estimates

(1) Where, in respect of a financial year, it is found that the amount of moneys appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount ofmoneys has been appropriated by that Act, a supplementary estimate showing the sum of money required and the heads of such expenditure shall be laid before Parliament.

(2) Where, in respect of a financial year, a supplementary estimate has been approved by Parliament in accordance with the provisions of sub- article (1) of this article, a supplementary Appropriation Bill shall be introduced into Parliament in the financial year next following the financial year to which the estimate relates, providing for the appropriation of the sums so approved for the purposes specified in that estimate.

Article 152: Estimates for Over One Year

Notwithstanding the provisions of articles 150 and 151, above, the President may cause to be prepared and laid before Parliament estimates of revenue and expenditure for periods of over one year.

Article 153: Authorization of Expenditure In Default of Appropriation

If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the President may authorize the withdrawal of moneys from the Consolidated Revenue Fund of the Federation for the purpose of meeting expenditure necessary to carry on the services of the government for a period not exceeding 3 months or until the coming into operation of the Law, whichever is the earlier. Provided that the withdrawal in respect of any such period shall not exceed the amount authorized to be withdrawn from the Consolidated Revenue Fund of the Federation underthe provisions of the Appropriation Law passed by Parliament for the corresponding period in the immediately preceding financial year.

Article 154: Contingency Fund

(1) There shall be a Contingency Fund into which shall be paid moneys voted for that purpose by Parliament and from which advances may be authorized by the joint decision of Committees responsible for financial measures in each House of Parliament, whenever those Committee are satisfied that there has arisen an urgent or unforeseen need for expenditure for which no other provision exists.

(2) Where an advance is made from the Contingency Fund a supplementary estimate shall be presented as soon as possible to Parliamentof the purpose of replacing the amount so advanced.

(3) Whenever, in the estimates prepared pursuant to sub-article (1) of artic18 150 and sub-article (1) of article 151 of this Constitution, provision is made for an item or vote other than or the Contingency Fund, not in respect of that item or vote shall be under the control and supervision of a Committee which shall consist of the President, the President of the Senate and the Speaker of the National Assembly.

Article 155: Loans

(1) Parliament may, by a resolution passed in that behalf and supported by the votes of a majority of the members of each House, authorize the Government to enter into an agreement for the granting of a loan out of any public fund or public account.

(2) An agreement entered into pursuant to sub-article (1) of this articleshall be laid before Parliament and shall not come into operation unless thesame has been approved by a resolution of Parliament.

(3) No loan shall be raised by the Government on behalf of itself or any other public institution or authority otherwise than by or under the authority of an Act of Parliament.

(4) An Act of Parliament enacted in accordance with sub-article (3) of this
(a) that the terms and conditions of a loan shall be laid before Parliament and shall not come into operation unless the same has
been approved by a resolution of Parliament; and

(b) that any moneys received in respect of that loan shall be paid into the Consolidated Revenue Fund and form part thereof or into some other public fund of Cameroon either existing or created for the purposes of the loan.

(5) For the purposes of this article, the expression "loan" includes any moneys lent or given to or by the government on condition of return or repayment and any other form of borrowing or lending inrespect of which:

(a) moneys from the Consolidated Revenue Fund or any other public fund may be used for payment or repayment; or

(b) moneys from any fund by whatever name called established for the purposes of payment or repayment whether in whole or in part and whether directly or indirectly may be used for payment or repayment.

Article 156: Public Debt

(1) The public debt of Cameroon shall be charged upon the Consolidated Revenue Fund and other public funds of Cameroon.

(2) For the purposes of this article, the public debt shall include interest on that debt, sinking fund payments and redemptionmoneys in respect of that debt and the costs, charges and expenses incidental to the management of that debt.

Article 157: Central Bank

(1) There shall be established for the Federal Republic of Cameroon a bank to be known as the Bank of Cameroon. It shall have a branch in each of the Federated States.

(2) The Bank of Cameroon shall operate as a central bank and shall be the only authority to issue the currency of the State of Cameroon. Provided that no bank note or coin shall bear the effigy or portrait of any living person.

(3) The Bank of Cameroon shall be the sole custodian of State funds both in and outside Cameroon and may authorize any other person, body, institutionor authority to act as a custodian of such funds of the Government as may be specified in the instrument.

(4) The Central Bank shall support the general economic policy of Government, ensure the stability of the currency and institution of finance, regulate the money supply and perform all other functions ordinarily performed by a central bank.

(5) The Governing Board of the Central Bank shall consist of a Governor, a Deputy-Governor and such other members of the Board as shall be prescribed by Act of Parliament.

(6) The Governor, the Deputy Governor and all the members of the board of Governors of the Bank of Cameroon shall be appointed by the President on the recommendation of the Public Service Commission subject to approval by the Senate.

(7) In the performance of his functions under this Constitution or any other law, the Governor of the Bank of Cameroon shall have powers to disallow any transaction or transfer of any foreign exchange both in and outside Cameroon which is contrary to law.

(8) The regulations and the functioning of the Bank of Cameroon shall be governed by an Act of Parliament.

Article 158: Foreign Exchange Balance

(1) The relevant Committee set up under the provisions of this Constitution shall monitor the foreign exchange receipts and payments or transfers of the Bank of Cameroon in and outside Cameroon and shall report to Parliament once in every six months.

(2) The Bank of Cameroon shall, not later than three months after the end of the first six months of its financial year and not later than three months after the end of its financial year, submit to the Auditor-General for audit a statement of its foreign exchange receipts and payments or transfers in and outside Cameroon.

(3) The Auditor General shall not later than three months after the submission of the statement referred to in sub-article (2) of this article, submit his report to Parliament on the statement.

(4) Parliament shall debate the report of the Auditor-General and appoint, where necessary in the public interest, a Committee to deal with any matters arising from the report.

Article 159: Foreign Participation in Business

(1) Any person not being a citizen of Cameroon who does not bring into
Cameroon foreign capital of such amount as may be specified by or under at Act of Parliament for the purposes of establishing a business in Cameroon, shall not engage in the import or export trade or in any industry or in any other sector of industrial or commercial activity as shall be laid down by an Act of Parliament.

(2) The provisions of sub-article (1) of this article shall not apply to:
(a) any such person as is referred to in sub-article (1) who subsequently becomes a citizen of Cameroon; and

(b) any person who, on the coming into force of this Constitution, is engaged in any trade, business or industry in respect of which he did not bring foreign capital into Cameroon.

(3) Parliament shall, within six months of the coming into force of this Constitution, enact a law to give effect to or enable effect to be given to the provisions of this article.

Article 160: The Statistical Service

(1) There shall be a Statistical Service which shall form part of the Public Services of Cameroon.

(2) The head of the Statistical Service shall be the Government Statistician.
(3) The Government Statistician shall be appointed by the President in consultation with the Federal Statistics, Planning and Development Commission.

Article 161: The Auditor-General

(1) There shall be an Auditor-General of Cameroon whose office shall be a public office. He shall be appointed by the President on the recommendation of the Public Services Commission subject to approval by the Senate. Provided that persons from the same Federated State shall not be appointed successively to the office of Auditor-General.

(2) The public accounts of Cameroon and of all public offices, including the courts, and the central and local government administrations, the
Universities and public institutions of like nature, any public corporation or other body or organization established by an Act of Parliament, shall be audited and reported on by the Auditor-General.

(3) For the purposes of sub-article (2) of this article, the Auditor-General or any person authorized or appointed in that behalf by the Auditor General shall have access to all books, records, returns and other documents relating or relevant to those accounts.

(4) The public accounts of Cameroon and of all other persons or authorities referred to in sub-article (2) of this article shall be kept in such form as the Auditor- General shall approve.

(5) The Auditor-General shall, within six months of the end of the immediately preceding financial year to which each of the accounts mentioned in sub-article (2) of this article relates, submit his report to Parliament and shall in that report draw attention to irregularities in the accounts audited and to any other matter which in his opinion ought to be brought to the notice of Parliament.

(6) Parliament shall debate the report of the Auditor-General and appoint where necessary in the public interest a committee to deal with any matters arising therefrom.

(7) In the performance of his functions under this Constitution or any other Law, the Auditor-General:

(a) shall not be answerable only to Parliament and shall not be subject to the direction or control of any other person or authority;
(b) shall have power to disallow any item of expenditure which is contrary to law and to surcharge,

(i) the amount of any expenditure disallowed upon the person responsible for incurring or authorizing that expenditure; or
(ii) any sum which has not been duly brought into account upon the person by whom the sum ought to have been brought into account; or

(iii) the amount of any loss deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred.

(8) The provisions of paragraph (a) of sub-article (7) of this article shall not preclude the President from requesting the Auditor General in the
public interest to audit, at any particular time, the accounts of any such
body or organization as is referred to in sub-article (2) of this article.

(9) A person aggrieved by a disallowance or surcharge made by the Auditor- General may appeal to the local high court.

(10) The salary and allowances payable to the Auditor General shall be a charge upon the Consolidated Fund.

(11) The salary and allowances payable the Auditor-General, his rights in respect of leave of absence, retiring award or retiring age shall not be varied to his disadvantage during his tenure of office.

(12) The provisions of sub-article (2) of article 127, of this constitution relating to the removal of a Justice of the Federal Supreme Court from office shall apply to the Auditor General.

(13) The administrative expenses of the office of the Auditor-General including all salaries, allowances, gratuities and pensions payable to or in respect of persons serving in the Auditor-General's service shall be a charge upon the Consolidated Fund.

(14) The accounts of the office of the Auditor-General shall be audited and reported upon by an auditor appointed by Parliament.

(15) A person appointed to be the Auditor-General of Cameroon shall, before entering upon the duties of his office, take and subscribe the Oath of the Auditor- General set out in the Schedule to this Constitution.

Article 162: International Economic, Financial and Monetary Cooperation

('1) All international economic, financial and monetary agreements concluded or behalf of the Federal Republic of Cameroon by the Government of the Federal Republic shall be laid before Parliament for approval and shall not enter into force against the Federal Republic of Cameroon until they have been approved by Parliament.

(2) Parliament shall not give its approval to an agreement under sub- article (1) of this article if, in the opinion of Parliament, the agreement will not be against or not in favors of the interests of the Federal Republic of Cameroon or will interfere with or impede the freedom of the Federal Republic of Cameroon to run its economy as an independent and sovereign State.

3) Parliament shall review any agreement approved under sub-article 1) of this article every ten (10) years to ascertain that it still conforms to conditions laid down at sub-article (2) herein.

4) All international economic, financial and monetary agreements in force in the Federal Republic of Cameroon before the entry into force of this Constitution shall be subject to the provisions of this article of the Constitution and shall, accordingly, be reviewed by Parliament within two (2) years from the date of entry into force of the present Constitution.

Chapter XI: NATIONAL SECURITY

National Security Council

Article 163: Composition

(1) The National Security Council shall consist of:

(a) the President of the Federal Republic who shall be Chairman;
(b) The Vice President of the Federal Republic who shall be the
Deputy Chairman;

(c) The Ministers responsible for external relations, defence, interior, and finance and such other Ministers as the President may determine;

(d) The Chief of Defence Staff and two other officers of the Armed Forces;

(e) The Director General of the Federal Police Agency and the Inspector General of Police of each of the Federated States;

(f) The Director of the Federal Intelligence Bureau;

(g) The Director of the Criminal Investigations Department;
(h) The Director of Military Intelligence;

(i) The Director of Customs and Excise;

(j) Three persons appointed by the President.

(2) The President of the Federal Republic may, acting in consultation with the National Security Council, invite such persons as he considers necessary for any deliberations of the Council. Such persons shall not vote on any matter for decision before the Council.

(3) The Secretary to the Cabinet shall be the Secretary to the National Security Council

(4) The National Security Council shall regulate the procedure of its meetings.

Article 164 : Functions

(1) The Functions of the National Security Council shall be :

(a) to consider and to take appropriate measures to safeguard the internal and external security of the Federal Republic of Cameroon;
(b) to ensure the collection of information relating to the security of the Federal Republic of Cameroon and the integration of the domestic, foreign and security policies relating to it so as to enable the security services and other departments and agencies of the government to co-operate more effectively in matters relating to National security;

(c) to assess and appraise the objectives, commitments, and risks of the Federal Republic of Cameroon in relation to the actual and potential military power in the interest of national security;

(d) to take appropriate measures regarding the consideration of policies on matters of common interest to the departments and agencies of the government concerned with national security;

(e) to perform all such other functions as defined by or under an Act of Parliament.

(2) The National Security Council shall generally have power to advise
the President of the Federal Republic on matters relating to national security including matters relating to any organization or agency established by law for ensuring the security of the Federation.

Article 165: National Security Agencies to be established only by Constitution.

No agency, establishment or other organization concerned with national security shall be established except as provided for underthis Constitution.

TheArmed Forces of Cameroon

Article 166: Composition

(1) The Armed Forces of the Federal Republic of Cameroon shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by Parliament.

(2) No person shall raise an armed force except by or under an Act of Parliament.

Article 167: Functions

(1) The Armed Forces shall be trained, equipped and maintained to perform their role of defence of Cameroon as well as such other functions for the development of Cameroon as Parliament and the President may determine.

(2)The Armed Forces of Cameroon shall, in particular:

(a) defend the territory and national interest of Cameroon against armed external aggression by air, land or sea;

(b) Help the police and civilians in the event of national disaster or calamity;

(d) help in the country's economic, social and cultural development under conditions fixed by Act of Parliament.

Article 168: Armed Forces Subject to Rule of Law

(1) The Armed Forces raised and maintained by the people for the people's general welfare shall act within the framework of national laws and International law and norms.

(2) The Armed Forces shall be apolitical. They shall be under strict subordination to and control of, the civil power and shall not be used for the furtherance of partisan, tribal, regional sectional purposes, interests and objectives.

Article 169: Strength, Barracks

(1) The numerical strength of the Armed Forces and the basic principles of their organization shall be determined by Parliament in its defence budget allocation.

(2) Members of the Armed Forces shall be accommodated in army barracks.

Article 170: Federal Civil Defence Organization

The President of the Federal Republic shall set up a Federal Civil Defence Organization whose main task shall be to maintain administrative and governmental functions, to protect life and health of the population from the effects of war, to provide supplies vital to the survival of the population and defence efforts and to support the Armed Forces.

Article 171: Federal Defence Council

There shall be established a Federal Defence Council which shall consist of:

(a) The Vice President of the Federation who shall be Chairman;
(b) The Ministers responsible for Defence, External Relations and Internal Affairs;

(c) The Chief of Defence Staff, the service chiefs and a senior warrant officer or its equivalent in the Armed Forces; and

(d) Two other persons appointed by the President of the Federal Republic from outside the armed forces.

Article 172: Functions of the Federal Defence Council

(1) The Federal Defence Council shall advise the President on matters of policy relating to defence and strategy including the role of the Armed Forces, military budgeting and finance, administration and the promotion of officers.

(2) The Federal Defence Council may, with the prior approval of the President of the Federal Republic, make regulations for the performance of its functions and for the effective and efficient administration of the Armed Forces.

(3) The Federal Defence Council shall cause charges of indiscipline among members of the Armed Forces to be investigated and prosecuted.

Article 173: Chief of Defence Staff

The Chief of Defence Staff of the Armed Forces shall, subject to the Provisions of this article and to the control and direction of the Federal Defense Council on matters of policy, be responsible for the administration and the operational control and command of the armed forces.

Article 174: Appointments

The President shall appoint the Chief of Defence Staff of the Armed Forces and the Armed Forces Service Chiefs on the advice of the Federal Defence Council and subject to approval by the Senate.
The President shall, acting on the advice of the Federal Defence Council appoint other officers of the Armed Forces who shall be given is such duties as the Federal Defence Council shall determine.

Article 175: The National Gendarmerie

(1) The civilian and military personnel of the National Gendarmerie shall be transferred to, and shall become part of, the civilian and military personnel of the Armed Forces of the Federal Republic of Cameroon as defined at sub-article (1) of article 166 of this Constitution.

(2) Notwithstanding the provisions of sub-article (1) of this article, a member of the civilian or military personnel of the National Gendarmerie who does not wish to be transferred to the Armed Forces shall either resign or request that he be transferred to the Federal Police Agency or to the Police Service of a Federated State on such terms and conditions as shall be determined by an Act of Parliament.

3) The assets, property and equipment of the National Gendarmerie shall be distributed, according to need and usefulness, among the Army, the Navy, the Air Force, the Federal Police Agency and the Police Services of Federated States by a Committee that shall be created for that purpose by the President in consultation with the Federal Defence Council.

(4) An Act of Parliament shall fix the modalities for the application of the provisions of this article such that its purpose shall be fully achieved not later than two years from the date of entry into force of the present Constitution.

The Police Forces

Article 176: Establishment of the Police Forces

(1) The police forces of Cameroon shall comprise the Federal Police Agency for the Federation headed by a Director General and a Police Service for each Federated State headed by an Inspector-General of Police.

(2) No person or authority shall establish any police force except by or under the authority of an Act of Parliament.

(3) Parliament may, by an Act, authorize and regulate the establishment of local police forces by Local Council Areas.

(4) The Police shall be trained equipped and maintained to perform its traditional role of maintaining law and order.

Article 177: Federal Police Agency

(1) The Federal Police Agency shall be made up of:
(a) The Federal Police,

(b) The Federal Intelligence Bureau

(2) The Federal Police shall control the nation's external borders, check incoming and outgoing traffic, ward off threats and remove disturbances in border areas, keep watch on federal installations, official residences of the President and Vice President of the Republic, President and Vice President of the Senate, Speaker and Deputy Speaker of the National Assembly and of the Chief Justice of the Federation. It shall ensure the protection of members’ of the Federal Government and of foreign missions and take care of security during state visits and similar events.

(3) The Federal Intelligence Bureau shall be responsible for internal and external intelligence.

(4) The Criminal Investigation Department shall:

(a) be the Centre for co-operation between federal and federated state law enforcement agencies;

(b) Collect and evaluate information and documentation for crime fighting by the police;

(d) Handle interstate as well as international crime.

Article 178: Regulation by Act of Parliament

(1) The detailed organization and functioning of the Federal Police Agency and its constituent Departments shall be regulated by an Act of Parliament.

(2) Subject to the provision of this Constitution and of any other federal law, the detailed organization and functioning of the Police Services of each Federated State shall be regulated by an Act of the Representative Council of that Federated State.

CHAPTER XII: CODE OF CONDUCT FOR PUBLIC OFFICERS

Article 179: Conflict of Interest

A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.

Article 180: Exclusion from Appointment

No person shall be appointed or act as the Chairman of the governing body of a public corporation or authority while he holds a position in the service of that corporation or authority.

Article 181: Declaration of Assets and Liabilities

(1) A person who holds any public office mentioned in sub-article (5) of this article shall submit to the Auditor-General a written declaration of all property or assets owned by, or liabilities owed by him whether directly or indirectly and whether within or outside Cameroon:

(a) within three months after the coming into force of this Constitution or after taking office, as the case may be,

(b) at the end of every five years spent in one or more public offices; and

(2) Failure to declare or knowingly to make a false declaration of assets and liabilities as required by sub-article (1) of this article shall be a contravention of this Constitution punishable as shall be determined from time to time by Act of Parliament.

(3) The declaration made under sub article (1) of this article shall, on demand, be produced in evidence :-

(a) before a court of competent jurisdiction; or

(b) before a commission of inquiry appointed under article 249 of
this Constitution; or

(4) Any property or asset acquired by a public officer after the initial declaration required by sub-article (1) of this article and which is not reasonably attributable to income, gift, loan, inheritance or any other reasonable source shall be deemed to have been acquired in contravention of this Constitution and liable to confiscation by the State under such conditions and procedures as shall be determined by Act of Parliament.
(5) The public office to which the provisions of this article apply are those of:

(a) the President and Vice President of the Federal Republic;
(b) the President and Vice President of the Senate;

(e) Federal Minister or Deputy Federal Minister;

(f) Chief Justice of the Federation, Justice of the Federal Supreme Court, Chief Justice of Federated State, Commissioner and Deputy Commissioner for Human Rights and Public Complaints;
(g) Judicial Officer;

(h) Ambassador,

(i) Secretary to the Cabinet;

(j) Head of department in a Ministry or equivalent office in the Civil
Service;

(k) Chairman, Managing Director, General Manager and Departmental Head of a public corporation or company in which the State has a controlling interest; and

(i) such officers in the public services and any other public institution as Parliament may prescribe.

(6) The Auditor-General shall make a written declaration of his assets and liabilities to the President in the manner and subject to the conditions provided in sub-articles (1) to (3) of this article.

(7) Before entering upon the duties of his office, a person appointed to an
office to which the provisions of this article apply, shall take and subscribe the oath of allegiance, the oath of secrecy and the official oath set out in the Schedule to this Constitution, or any other oath appropriate to his office.

Article 182: Complaints of Contravention

(1) An allegation that a public officer has contravened or has' not complied with a provision of articles 179, 180 and 181 of this Constitution shall be made to the Commissioner for Human Rights and Public Complaints, or in the case of the latter, to the Chief Justice of the Federation, who shall, unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated.

(2) The Commissioner for Human Rights and Public Complaints, or the Chief Justice of the Federation, as the case may be, shall take such action as he considers appropriate in respect of the results of the investigation or the admission and in consideration of the national interest.

CHAPTER XIII: SPECIAL FEDERAL BODIES

Article 183: Establishment of Special Federal Bodies

(1) There shall be established for the Federal Republic of Cameroon the following Special Bodies, namely:

(a) National Electoral Commission

(b) National Judicial Service Council,
(c) National Defence Council

(d) National Security Council

(e) Federal Police Agency

(f) Federal Public Services Commission
(g) Federal Media Commission

(h) National Population Commission

(i) Federal Revenue Allocation Commission

(j) Federal Statistics, Planning and Development Commission
(k) Federal Higher Education Council

(I) Federal Commission on Human Rights and Public Complaints
(m) Federal Commission for Civic Education

(n) Federal Commission of Inquiry

(0) National Service Corps

(2) Within one year of the entry into force of this Constitution, the President shall ensure that Bodies established by sub-article (1) of this article are constituted and made functional in accordance with the provisions of this Constitution.

(3) An Act of Parliament shall determine the composition, jurisdiction and functioning of each of the bodies mentioned at sub-article (1) of this article to the extent necessary to complete the provisions of this Constitution.

(4) Parliament shall have power to establish and to regulate under this article of the present Constitution such other Special Federal Bodies as shall become necessary.

Article 184: Qualification for Membership

(1) A person shall qualify for appointment as a member to any of the
Bodies in article 183, above, if:

(a) he is qualified for election as member of Parliament;

(b) he is a person of unquestionable integrity; .

(2) No person shall be a member of more than one of the bodies mentioned in sub-article (1) of article 183, above.

Article 185: Power of Appointment

The Chairman and members of the Bodies established under Article 183 of this Constitution shall be appointed by the President after joint consultation with the President of the Senate and the Speaker of the National Assembly; provided that in appointing any such person to any of the said Bodies, the overriding considerations shall be the competence, experience and integrity of any such person appointed, the national character of any such appointments and the necessity of equitable representation of the Federated States.

Article 186: Tenure of Office and Removal There-from

(1) Any ex-officio member of any Body shall remain a member for as long as he holds the office by virtue of which he became an ex-officio member.
(2) Any other member shall remain a member for a period of five years unless his membership is renewed after the said five years.

(3) After joint consultation with the President of the Senate and the Speaker of the National Assembly, the President may remove any member of the Bodies created under Article 183(1) of this Constitution for inability to discharge the functions of the office whether arising from infirmity of mind or body or any other cause) or for proven misconduct.

Article 187: Independence of Bodies, Quorum

The Bodies established in Article 183(1) of this Constitution shall:

(a) be independent and act impartially bearing in mind the national interest;

(b) need a quorum of not less than half of the total number of members in order to sit, deliberate and take decisions;

NATIONAL ELECTORAL COMMISSION

Article 188: Composition of the National Electoral Commission
(1) The National Electoral Commission shall consist of:

(a) the Chief National Electoral Commissioner who shall be the Chairman;

(b) two Deputy Chairmen; and

(2) The Chairman, deputy Chairman and other members of the National Electoral Commission shall be appointed by the President of the Federal Republic in consultation with the President of the Senate, the speaker of the National Assembly, the Leaders of the Parliamentary Majority and Minority and the Chief Justice of the Federation from among Cameroonians of not less than thirty (30) nor more than sixty (60) years old who have not been involved in party politics, are well known for their integrity and objectivity and are so chosen as to ensure as wide a range as possible of representation of different regions of Cameroon on the Commission.
(3) During the tenure of their office the Chairman and the deputy Chairmen of the National Electoral Commission shall have the same terms and conditions of service as a justice of the Federal Supreme Court.

(4) The other members of the National Electoral Commission shall be paid such allowances as shall be determined by Parliament.

(5) If a member is absent or dies, the Commission shall continue its work until the President of the Federal Republic appoints a qualified person to fill the vacancy.

(6) The Chairman of the National Electoral Commission shall, in consultation with the premier for each Federated State, appoint a State Electoral Commission.

Article 189: Functions of the Commission

(1) The National Electoral Commission shall have the following functions:
(a) to compile the register of voters and revise it at such periods as may be determined by law;

(b) to demarcate the electoral boundaries for federal, federated state, provincial and local government elections;

(d) to educate the people on the electoral process and its purpose;
(e) to undertake programmes for the expansion of the registration of voters;

(f) to appoint, dismiss and exercise disciplinary control over its
staff and;

(g) to perform such other functions as may be prescribed by Act of Parliament.

(2) The National Electoral Commission shall delegate its powers and functions to federated State Electoral Commissions appointed under article 188(5) of the present Constitution as shall appear necessary.

Article 190: Independence of the Commission

Except as provided in this Constitution or in any other law, in the performance of its functions, the National Electoral Commission shall not be subject to the direction or control of any person or authority.

Article 191: Appeals from Decisions of Commission

(1) A person aggrieved by a decision of the National Electoral Commission in respect of a demarcation of electoral boundaries may appeal to a Tribunal consisting of three persons appointed by the Chief Justice of the Federation, one of whom shall be a judge of the local High Court; and the National Electoral Commission shall give effect to the decision of the Tribunal, subject to the provisions of sub-article (2) of this article.

(2) A person aggrieved by a decision of the Tribunal referred to in sub- article (1) of this article may appeal to the Provincial Court of Appeal of the area in which such demarcation took place. The decision of the Court of Appeal in the matter shall be final.

Article 192: Voting at Elections and Referenda

(1) At any public election or referendum, voting shall be by secret ballot.
(2) Immediately after the close of the poll, the presiding officer shall, in the presence of the public and of such of the candidates or their representatives and polling agents as are at the polling station, proceed to count, at that polling station, the ballot papers of that station and record the votes cast in favour of each candidate or question.

(3) The presiding officer, the candidates or their representatives and, in the case of a referendum, the parties contesting or their agents and the polling agents, if any, shall then sign a declaration stating

(a) the polling station; and

(b) the number of votes cast in favour of each candidate or question;

and the presiding officer shall, there and then, announce the results of the voting at that polling station before communicating them to the returning officer.

(4) Subject the provisions ofthis Constitution, an issue for determination by referendum shall not be taken to be determined unless at least fifty per cent of the persons entitled to vote at that referendum in each Federated State voted and, of the votes cast, at least seventy per cent in each Federated State voted in favour of the issue.

Article 193: Election of Candidates

(1) Subject to the provision of this Constitution, where at the close of Nominations and on the day before a public election:

(a) two or more candidates have been nominated, the election shall be held and, provided there is at least a fifty percent (50) participation at the poll, the candidate who receives the, largest number of votes cast shall be declared elected; or

(b) only one candidate is nominated, there shall nevertheless be an election and, provided that there is at least a fifty percent(50) participation at the poll, that candidate shall be declared elected if he obtains more than his of the votes cast.

(2) Where, for the purposes of a public election, two or more candidates are nominated but at the close of the nominations and on the day before the election, only one candidate stands nominated, a further period of fifteen days shall be allowed for nomination of other candidates, and it shall not be lawful for any person nominated within that period of fifteen days to withdraw his nomination.

(3) Where at the close of nominations, but before the election, one of the candidates dies, a further period of fifteen days shall be allowed for nominations; and where the death occurs at any time within twenty-five days before the election, the election in that constituency shall be postponed for twenty-one days.

Article 194: Regulations for Elections and Referenda

Regulations governing the registration of voters, the conduct of public elections and referenda and the functioning of the National Electoral Commission shall be made by Act of Parliament, subject to the provisions of this Constitution.

Article 195: Appointment of Staff and Expenses of Commission
(1) The appointment of officers and other employees of the National Electoral Commission shall be made by the Commission.

(2) The administrative expenses of the National Electoral Commission including salaries, allowances and pensions payable to, or in respect of, persons serving with the Commission shall be charged on the Consolidated Fund.

THE NATIONAL JUDICIAL SERVICE COUNCIL

Article 196: Composition of the Council

The National Judicial Service Council shall comprise the following persons:

(a) the Chief Justice of the Federation who shall be Chairman;
(b} the Attorney-General of the Federation, Minister of Justice;
(c) two Justices of the Federal Supreme Court, one of common law training and one of civil law training, elected by the Justices of the Federal Supreme Court.

(d) the Chief Justices of the Supreme Courts of the Federated States;

(e) two representatives of the private Bar of at least fifteen years' standing as a legal practitioner, one of common law training and the other of civil law training;

(f) two representatives of the official Bar of at least fifteen year's standing as a legal practitioner, one of common law training and the other of civil law training;

(g) a Judicial Officer representing the lower courts of each Federated State;

(h) two persons of unquestionable integrity appointed by the President of the Federal Republic, neither of whom shall be a lawyer.

Article 197: Functions of the Council

The functions of the National Judicial Service Council shall be:

(a) to propose for the consideration of government, judicial reforms to improve the level of the administration of justice and efficiency in the Judiciary and to this end, to promote and support all research and other related initiatives;

(b) to be a forum for consideration and discussion of matters relating to the discharge of the functions of the Judiciary and thereby assistthe Chief Justice of the Federation in the performance of his duties with a view to ensuring efficiency and the effective realization of justice;

(c) to follow the professional career of members of the Judiciary and to make recommendations for their appointment, assessment, promotion and conditions of service so as to secure the independence of the Judiciary and a high quality of judicial services; and

(d) to perform any other functions conferred on n by, or under, this
Constitution or any other law.

(2) The National Judicial Service Council may establish such committees as it considers necessary to which it shall refer specific matters falling within its competence.

Article 198: Staff and Expenses of the Council

(1) The appointment of officers and other employees of the National
Judicial Service Council shall be made by the Council.

(2) The administrative expenses of the National Judicial Service Council,
including salaries, allowances and pensions payable to, or in respect of,
persons serving with the Council shall be charged on the Consolidated Fund.

THE MEDIA

Article 199: Freedom and Responsibility of Media

(1) The freedom and independence of the media are hereby guaranteed.
(2) Subject to this Constitution and any other law, there shall be no, censorship of the media in the Federal Republic of Cameroon.

(3) There shall be no impediments to the establishment of the private press or other private media; and, in particular, there shall be no law requiring any person to obtain a license as a prerequisite to the establishment or, operation of a newspaper, journal, radio or television station or other media for mass communication or information.

(4) Editors and publishers of newspapers and heads of other institutions of the mass media shall not be subject to control or interference by Government, nor shall they be penalized or harassed for their editorial opinions and views, or the content of their publications, broadcasts or programmes.

(5) All agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the Government to the people of Cameroon.

(6) Any medium for the dissemination of information to the public which publishes or broadcasts a statement about or against any person shall be obliged to publish or to broadcast a rejoinder, if any, from the person in respect of whom the publication was made.

Article 200: Responsibility of State-owned Media

All state-owned media shall afford fair and equitable opportunities and facilities for the presentation of divergent views and dissenting opinions on matters of public interest, concern or importance.

Article 201: Limitation on Rights and Freedoms of the Media

(1) The provisions of articles 199 and 200 of this Constitution shall be subject to laws that are reasonably required in the interest of national security, public order, public morality and for the purpose of protecting the reputations, rights, and freedom of other persons.

(2) Nothing, in articles 199 and 200 of the present Constitution, shall be
construed as limiting or otherwise affecting such civil liability as may arise in connection with mass media activities and for which the victims have a legal right to seek redress.

Article 202: Media Rights and Freedoms to be Additional to Fundamental Human Rights.

Nothing in articles 199 to 201 of the present Constitution shall be construed as limiting or otherwise affecting the enjoyment of any of the fundamental human rights and freedoms guaranteed under Chapter four of this Constitution.

Article 203: National Media Commission

(1) There is hereby established a National Media Commission made up of:

(a) One representative each nominated by

(i) the Cameroon Bar Association;

(ii) the Publishers and Owners of the Private Press and owners of other private mass communication media;

(iii) the Association of Cameroon Writers;

(iv) the Catholic Episcopal Conference;

(v) the Federation of Presbyterian Churches;
(vi) the Cameroon Baptist Convention;

(vii) the Cameroon Islamic council;

(viii) the training institutions of journalists and communicators;
(ix) the Cameroon Advertising Association;

(x) the Teachers' Association of Cameroon;

(b) two representatives nominated by the Cameroon Journalists Association;

(2) Members of the Commission shall be appointed by the President in conformity with sub-article (1) of the present article.

(3) The Commission shall elect its own Chairman. It shall lay down the rules to govern its work which it shall table before Parliament for approval.

Article 204: Functions of the commission

The functions of the National Media Commission shall be:

(a) to promote and ensure the freedom and independence of the public and private media for mass communication or information;
(b) to take all appropriate measures to ensure the establishment and maintenance of the highest journalistic standards in the mass media, including the, investigation, mediation and settlement of complaints made against or by the press or other mass media;
(c) to insulate the state and media from governmental control;

(d) to make regulations for the registration of newspapers and other publications, and other means of mass communication; provided that the regulations shalt not provide for the exercise of any direction or control over the professional functions of a person engaged in the production of newspapers or other means of mass communication; and

(e) to perform such other functions as may be prescribed by law.

Article 205: Appointment of Board Members of State-owned Media

The President shall appoint the chairmen and other members of the governing bodies of public corporations managing the state-owned media on the recommendation of the Commission.

Article 206: Appointment of Editors and Heads

Editors and Heads of state-owned media shall be appointed by the governing bodies of the respective corporations concerned in consultation with the Federal Public Services Commission and with the National Media Commission.

Article 206: Staff of Commission

The National Media Commission shall appoint its officers and other employees in consultation with the Federal Public Services Commission.

Article 208: Expenses of Commission Charged on Consolidated Fund.

The administrative expenses of the National Media Commission, including
salaries, allowances and pensions payable to or in respect of persons serving with the Commission shall be charged on the Consolidated Fund.

Article 209: Independence of Commission

Except as otherwise provided by this Constitution or by any other law, the National Media Commission shall not be subject to the direction or control of any person or authority in the performance of its functions.

Article 210: Independence of Journalists

Subject to article 204 of this Constitution, the National Media Commission shall not exercise any control or direction over the professional functions of a person engaged in the production of a newspaper or other means communication.

REVENUE MOBILISATION AND ALLOCATION

Article 211: Revenue Collection

(1) In the exercise of its powers to impose any tax or duty, Parliament shall, subject to such conditions as it may prescribe, specify whether the collection of any such tax or duty or the administration of the law imposing it shall be carried out by the authorities of the Federation, of a Federated State, or of Province or of a Local Council Area.

(2) Where an Act of Parliament provides for the collection of any tax or duty or for the administration of any law imposing it in accordance with sub-article (1) of this article, it shall regulate the liability to such tax or duty in such a way as to ensure that such tax or duty is not levied on the same person by more than one Federated State, Province or Local Council Area, as the case may be.

(3) Each Federated State, Province or Local Council Area shall, in respect of each financial year, pay to the Federation an amount equal to such part of the expenditure, if any, incurred by the Federation during the financial year for the purpose of collection of taxes or duties which are wholly or partly payable to the Federated State, Province or Local Council Area, as the case may be, pursuant to the provisions of this Constitution or of any Act of Parliament as is proportionate to the share of the proceeds in respect of that financial year.

Article 212: Revenue Distribution

(1) Subject to the provisions of this Constitution, the Federal Parliament shall, by an Act, make provision for the allocation of public revenue between the Federation and the Federated States, between the Federated State and its constituent Provinces, and between each Province and its constituent Local Council Areas.

(2) Provisions for the allocation of public revenue under sub-article (1) of this article shall take into account the derivation of the revenue, population distribution within the country, the requirement of overall equilibrium in economic development and the demands of national solidarity among the Federated States and the Provinces of the Federal Republic.
(3) For the purposes of revenue distribution pursuant to sub-articles (1) and (2) of this article, the Federation shall maintain a special account to be called the Federation Account into which shall be paid all revenues collected by the government of the Federation.

(4)Where, pursuant to article 211 (1) of this Constitution, tax or duty collected by the authorities of a Province, the net proceeds of such, or duty shall be treated as part of the Consolidate Revenue Fund of that Federated State, Province, or Local Council out of which each of these organs shall pay into the Consolidated Revenue Fund of the appropriate higher organ such percentage of the net proceeds as shall be fixed by an Act of Parliament.

(5) Where, pursuant to article 211(1) of this Constitution, tax or duty is collected by the Government of the Federation or other authority of the Federation, there shall be paid to each Federated State, Province or Local Government as the case may be, at such times as Parliament may prescribe a sum equal to the percentage of the net proceeds of such tax or duty that are derived from that Federated State, Province or Local Council Area.

(6) Any payment that is required by this Constitution or by any other law to be made by the Federation to a Federated State or Province or Local Government Area may be set-off by the Federation in or towards payment of any sum that is due from that Federated State or Province or Local Government Area to the Federation in respect of any loan made by the Federation to the Federated State or Province.

(7) The right of set-off conferred by sub-article (6) of this article shall be without prejudice to any other right of the Federation to obtain payment of any sum due to the Federation in respect of any loan.

(8) Any payment that is required by this Constitution or by any other law to be made by the Federation to a Federated State, Province or Local Government Area to a higher organ shall be a charge upon the Consolidated Revenue Fund of the Federation and any payment that is so required to be made by a Federated State or Province to the Federation shall be a charge on the Consolidated Revenue Fund of the Federated State or Province concerned.

(9) Where any payment falls to be made under this article of the present Constitution, the amount payable shall be certified by the Auditor General of the Federation; provided that a provisional payment may be made before the Auditor- General has issued his certificate.

(10) The Federal Parliament may prescribe the time at, and the manner in which, any payment falling to be made under this article of the present Constitution shall be effected and provide for the making of adjustments and provisional payments.

Article 213: Federal Grants-in-Aid

(1) The Federation shall make grants to a Federated State or a Province or a Local Council Area to supplement the revenue of that Federated State, Province or Local Council Area in such sum and subject to such terms and conditions as may be prescribed by Parliament and agreed between the parties.

(2) The Federation may make grants or give loans to a foreign State or any international body in furtherance of the foreign policy objectives of Cameroon in such sum and subject to such terms and conditions as may be prescribed by Parliament. '

Article 214: Revenue Allocation Commission

(1) The Revenue Allocation Commission shall comprise a Chairman and six to ten members from each Federated State proposed by the Representative Council of the State and appointed by the Federal President on the grounds of unquestionable integrity, qualifications and experience in such a manner as to ensure that each Province is represented by at least one member.

(2) The Commission shall have power:

(a) to monitor the accruals to and disbursements of revenue for the federal account;

(b) to proceed to the allocation of revenue in application of the operating revenue allocation formulae and principles;

(c) to determine and review from time to time the revenue allocation formulae and principles in operation to ensure conformity with changing realities;

(d) to advise the federal, federated state, provincial and local governments on fiscal efficiency and methods by which their revenue can be increased;

(e) to study and recommend the remuneration appropriate for political office holders including the President of the Federal Republic and his Vice, the State Premiers and their Deputies, the Provincial Governors, Ministers, Deputy Ministers, Secretaries of State, Commissioners, legislators and local council mayors;

(f) to discharge such other functions as may be conferred on the Commission by this Constitution or by Act of Parliament.

THE FEDERAL PUBLIC SERVICES

Artlcle·215: The Federal Public Services of Cameroon

(1) The Federal Public Services of Cameroon shall include the various departments of the federal civil service, public corporations other than those set up as commercial ventures and such other public services as Parliament may by law prescribe.

(2) Subject to the provisions of this Constitution, an Act of Parliament enacted by virtue of sub-article (1) of this article shall provide for:

(a) the governing council for the public service to which it relates;

(b) the functions of that service; and
(c) the membership of that service.

(3) For the purposes of this article "public corporation" means a public corporation established in accordance with article 217 of this Constitution other than one set up as a commercial venture.

Article 216: Protection of Public Officers

A member of the public services shall not be:

(a) Victimized or discriminated against for having discharged his duties faithfully in accordance with this Constitution or any other law or

(b) dismissed or removed from office or reduced in rank or otherwise punished without just cause.

Article 217: Establishment of Public Corporations

A federal public corporation shall not be established except by Act of Parliament. Provided that State Representative Councils shall have power to establish public corporations for Federated States or their constituent Provinces, as the case may be.

Article 218: Federal Public Services Commission

(1) There shall be a Federal Public Services Commission which shall perform such functions as are assigned to it by this Constitution or by any other law.

. (2) The Federal Public Services Commission shall consist of :

(a) a chairman, a vice-chairman and seven other members who shall be full-time members of the Commission; and

(b) such other members as Parliament may, by law, prescribe.
(3) A person holding a public office shall, upon accepting appointment as a full- time member of the Public Services Commission, resign from that public office.

(4) The salaries, allowances, facilities and privileges payable or available to the members of the Commission other than the Chairman and Vice- Chairman, shall be determined by Act of Parliament.

Article 219: Appointment etc. of Federal Public Services Officer.

Subject to the provisions of this Constitution, the power to appoint
persons to hold or to act in an office in the public services shall vest in the
President, acting in accordance with the advice of the governing council of the service concerned in consultation with the Public Services Commission.

(2) The President may, subject to such conditions as he may think fit delegate some of his functions under this article by directions in writing to the governing council concerned or to a committee of the council or to any member of that governing councilor to any public officer.

(3) The power to appoint persons to hold or act in an office in an institution or a body of higher education, research or professional training, shall vest in the council or other governing body of that institution or body.

Article 220: Other Functions of the Public Services Commission
The Federal Public Services Commission shall have such powers and exercise such supervisory, regulatory and consultative functions as Parliament shall, by law, prescribe, including, as may be applicable, the supervision and regulation of entrance and promotion examinations, recruitment and appointment into or promotions within, the public services, and the establishment of standards and guide-lines on the terms and conditions of employment and performance in the public services.

Article 221: Regulations

The Federal Public Services Commission, subject to the approval of the
president, shall make regulations for the effective and efficient performance of its functions under this Constitution or any other law.

Article 222: Independence of Commission

Except as otherwise provided in this Constitution or any other law, the
Federal Public Services Commission shall not be subject to the control or direction of any person or authority in the performance of its functions.

Article 223: Retiring Age and Pensions

(1) Except as otherwise provided in this Constitution: a public officer may retire from the public service on attaining the age of forty five (45) years and, except as otherwise provided in this Constitution; shall so retire on attaining the age of Sixty (60) years.

(2) The pension payable to any person on retirement shall be exempt from tax.

NATIONAL COMMISSION ON HUMAN RIGHTS AND PUBLIC COMPLAINTS

Article 224: Establishment of Commission.

There shall be established by Act of Parliament within six months after Parliament first meets following the coming into force of this Constitution, a National Commission on Human Rights and Public Complaints which shall consist of:

(a) a Commissioner for Human Rights and Public Complaints;
(b) two Deputy Commissioners for Human Rights and Public Complaints;

Article 225: Appointment of Members of Commission

The President shall appoint the members other Commission in accordance with the provisions of article 185 of this Constitution.

Article 226: Functions of Commission

The functions of the Commission shall be defined and prescribed by Act of Parliament and shall include the duty:

(a) to investigate complaints of violations of fundamental human rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by' a public officer in the exorcise of his official duties:

(b) to investigation complaints concerning the functioning of the Federal Public Services Commission, the administrative organs of the, Armed Forces, the Police Service and the Prisons, services in so far as complaints relate to the failure to achieve balance structuring of those services or equal access by all to recruitment in those services or fair administration in relation to those services.

(c) to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution;

(d) to take appropriate action to call for the remedying, correction and reversal of instances specified in paragraphs (a), (b) and (c) of this sub- article through such means as are fair proper and effective, including:

(i) negotiation and compromise between the parties concerned;
(ii) causing the complaint and its finding on it to be reported to the superior of an offending person;

(iii) bringing proceedings in a competent Court for a remedy to secure the termination of the offending action or conduct. or the abandonment or alteration of the offending procedures; and
(iv) bringing proceedings to restrain the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regulation which is unreasonable or otherwise ultra vires;

(e) to investigate all instances of alleged or suspected corruption and the misappropriation of public moneys by officials and to take appropriate steps, including reports to the Attorney-General and the Auditor-General, resulting from such investigations;

(f) to educate the public as to human rights and freedoms by such means as the Commissioner may decide, including publications, lectures and symposia,

(2) The Commission shall report annually to Parliament on the performance of its functions.

Article 227: Special Powers of Investigation

(1) The powers of investigation of the Commission shall be defined by Act of Parliament and shall include the power:

(a) to issue subpoenas requiring the attendance of any person before the Commission and the production of any document or record relevant to any investigation by the Commission;

(b) to cause any person contemptuous of any such subpoena to be prosecuted before a competent Court;

(d) to require any person to disclose truthfully and frankly any information within his knowledge relevant to any investigation by the Commissioner.

(2) The Commissioner shall not investigate:

(a) a matter which is pending before a court or judicial tribunal; or
(b) a matter involving the relations or dealings between the Government and any other Government or an international organization; or

Article 223: Federated State and Provincial Branches of Commission

The Commission shall create and run branches in the Federated States and Provinces if and when necessary.

Article 229: Qualifications of Commissioners

A person shall not be qualified for appointment as a Commissioner or a
Deputy Commissioner to Human Rights and Public Complaints unless he is:

(a) in the case of a Commissioner, qualified for appointment as a
Justice of the Federal Supreme Court;

(b) in the case of a Deputy Commissioner, qualified for appointment
as a Justice of the Supreme Court of a Federated State.

Article 230: Commissioners Not to Hold Other Public Office

The Commissioner and Deputy Commissioners shall not hold any other
public office.

Article 231: Terms and Conditions of Service of Commissioners
(t) The Commissioner and Deputy Commissioners shall enjoy the terms and conditions of service of a Justice of the Federal Supreme Court and of the Supreme Court of a Federated State respectively.

(2) The Commissioner and Deputy Commissioners shall cease to hold office upon attaining the ages of seventy and sixty-five years, respectively.

Article 232: Appointment of Acting Commissioner

Where the Commissioner dies, resigns or is removed from office or is for any other reason unable to perform the functions of his office, he President shall, acting in consultation with the Senate, designate a person qualified to be appointed Commissioner to perform those functions until the appointment of a new Commissioner.

Article233: Independence of Commission and Commissioners
Except as provided by this Constitution or by any other law, the Commission and the Commissioners shall, in the performance of their functions, not be subject to the direction or control of any person or authority.

Article 234: Appointment of Staff

The appointment of officers and other employees of the Commission shall be made by the Commission acting in consultation with the Federal Public Services Commission.

Article 235: Expense of Commission charged On Consolidated Fund

The administrative expenses of the Commission, including salaries, allowances and pensions payable to, or in respect of, persons serving with the Commission, shall be charged on the Consolidated Fund.

Article 236: Removal of Commissioners

The procedure for the removal of the Commissioner and Deputy Commissioners shall be the same as that provided for the removal of a Justice of the Federal Supreme Court and a Justice of the Supreme Court of a Federated State, respectively, under this Constitution. .

Article 237: Initiation of Legal Proceedings

For the purposes of performing his functions under this Constitution and any other law, the Commissioner may bring an action before any competent court in Cameroon and seek any remedy which may be available from that court.

FEDERAL COMMISSION FOR CIVIC EDUCATION

Article 238 Composition of Commission

(1) The Federal Commission for Civic Education shall consist of a Chairman, two deputy Chairmen and four other members.

(2) Members of the Commission shall not hold office in any political party or pressure group.

Article 239: Functions of Commission
The functions of the Commission shall be:

(a) to create and sustain within the society awareness of the principles and objectives of this Constitution as the fundamental law of the people of Cameroon;

(b) to educate and encourage the public to defend this Constitution at all times against all forms of abuse and violation;

(c) to formulate for the consideration of Government, from time to time, programmes at the federal, federated state, provincial and local levels aimed at realizing the objectives of this Constitution;
(d) to formulate, implement and oversee programmes intended to
inculcate in the citizens of Cameroon awareness of their civic responsibilities and an appreciation of their rights and obligations as a free people; and

(e) Such others as Parliament may prescribe.

Article 240: Independence of Commission

Except as otherwise provided in this Constitution or in any other law, the Commission shall not be subject to the direction or control of any person or authority in the performance of its functions.

Article 241: Removal of Chairman and Deputy Chairman

The procedure for the removal of the Chairman or a Deputy Chairman from office shall be the same as that provided for the removal of a Justice of a Provincial Court of Appeal and a Justice of the High Court, respectively, under this Constitution.

Article 242: Federated States and Provincial Branches of the Commission

The Commission shall create and run branches in the Federated States
and Provinces if and when necessary.

Article 243: Appointment of Staff

The officers and employees of the Commission shall be appointed by the Commission acting in consultation with the Federal Public Services Commission.

Article 244: Expenses of Commission Charged on Consolidated Fund

The administrative expenses of the Commission, including salaries, allowances and pensions payable to, or in respect of persons serving with the Commission, shall be charged on the Consolidated Fund.

PUBLIC LANDS AND NATURAL RESOURCES

Article 245: Public lands and Other Public Property

(1) All public lands in Cameroon shall be vested in the State on behalf of
and in trust for, the people of Cameroon.

(2) Every mineral or oil or gas in its natural state in, under or upon any land in Cameroon, rivers, streams, watercourses throughout Cameroon, the exclusive economic zone and any area covered by the territorial seas or continental shelf shall be the property of the Federal Republic of Cameroon and shall be vested in the State and administered or exploited on behalf of, and in trust for, the people of Cameroon.

Article 246: Parliamentary Ratification of Agreements Relating to Natural Resources

(1)Any transaction, contract or undertaking involving the grant of a right of concession by or on behalf of any person, including the government of Cameroon, to any other person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resources of Cameroon made or entered into after the coming into force of this Constitution shall be subject to ratification by Parliament.

(2) Parliament may, by resolution supported by the votes of not less than two-thirds of all the members of each House exempt from the provisions of sub-article (1) of this article any particular class of transactions, contracts or undertakings.

Article 247: Natural Resources Commission

(1) Subject to the provisions of this Constitution, Parliament shall, by or under an Act of Parliament, provide for the establishment, within six months after Parliament first meets following the coming into force this Constitution, of a Minerals Commission, a Hydrocarbons Commission, a Forestry Commission, a Fisheries Commission, a Foods Commission and such other Commissions as Parliament may determine, which shall be responsible for the regulation and management of the utilization of the natural resources concerned and the co-ordination of the policies in relation to them.

(2) Notwithstanding article 246 of this Constitution, Parliament may, upon the recommendation of any of the Commissions established by virtue of sub-article (1) of this article, and upon such conditions as Parliament may prescribe, authorized any other agency of government to approve the grant of rights concessions or contracts in respect of the exploitation of any petroleum, mineral, water or other natural resource of Cameroon.

COMMISSIONS OF INQUIRY

Article 248: Appointment of Commissions of Inquiry

(1) Subject to article 276 (2) of this Constitution, the President shall appoint a commission of inquiry into any matter of public interest where:
(a) the President is satisfied that a commission of inquiry should be appointed; or

(b) the Senate or National Assembly advises that it is in the public interest to do so; or

(c) Parliament, by a resolution, requests that an extra-parliamentary commission of inquiry be appointed to inquire into any matter specified in the resolution as being a matter of public importance.

(2) A commission appointed under sub-article (1) of this article may consist of a sole commissioner or two or more persons one of whom shall be appointed the Chairman of the commission.

(3) A person shall not be appointed a sole commissioner or the Chairman of a commission of inquiry under this article unless he is a Justice of the Supreme Court or a person qualified to be appointed a Justice of the Supreme Court or a person who has held office as a Justice of the Supreme Court or a person who possesses special qualifications or knowledge in respect of the matter being investigated.

(4) Subject to sub-article (3) of this article, where a commission of inquiry appointed under sub-article (1) of this article consists of more than two commissioners, other than the Chairman, at least one of them shall be a person who possesses special qualifications or knowledge in respect of the matter being investigated.

Article 249: Powers of Commission of Inquiry

(1) A Commission of inquiry shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial; in respect of:

(a) Enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;

(b) Compelling the production of documents; and

(2) A sole commissioner or a member a commission of inquiry shall not
be liable to any action or suit in respect of any matter nothing done by him in the performance of his functions as a commissioner.

Article 250: Functions of Commissions of Inquiry

(1) A commission of inquiry shall:

(a) make a full, faithful and impartial inquiry into any matter specified in the instrument of appointment;

(b) report in writing the result of the inquiry; and

(2) The President shall, subject to sub-article (3) of this article, cause to be published the report of a commission of inquiry together with the Government position thereon, if any, within one month from the date of submission of the report by the commission.

. (3) Where the report of a commission of inquiry is not to be published, the President shall issue a statement to that effect giving reasons why the report is not to be published.

(4) The report and finding of the commission of inquiry shall, for the purposes of this Constitution, be deemed to be a judgment of the High Court; and accordingly, an appeal shall lie as of right from the finding of the commission to the Provincial Court of Appeal.

(5) The right of appeal conferred by sub-article (4) of this article shall be exercisable within one month after the publication of the Commission's report or such other time not exceeding three months as the High Court or the Court of Appeal may, by special leave and on such conditions as it may consider just, allow.

Article 251: Inquiry Procedure
(1)Except as may be otherwise ordered by the commission in the interest of public morality, public safety or public order, the proceedings of a commission of inquiry shall be held in public.

(2) Subject to the provisions of this Chapter, Parliament shall make rules
regulating the practice and procedure of all commissions of inquiry and for appeals from commissions of inquiry.

Article 252: Assistance by Lawyer or Other Expert

(1) Any person whose conduct is the subject of inquiry by a commission of inquiry, or who may, in any way, be implicated or concerned in matter under inquiry, is entitled to be represented by a lawyer at the inquiry; and any other person who may consider it desirable that he should be represented by a lawyer shall be allowed to be so represented.

(2) A person referred to in sub-article (1) of this article may also be assisted by such other expert as may be reasonably necessary for the purpose of protecting his interest at the inquiry.

Article 253: Immunities and Privileges of Witnesses

A witness before a commission of inquiry is entitled to the same immunities and privileges as if he were a witness before the High Court.

PART FOUR

THE FEDERAL CAPITALTEARITORY

CHAPTER XIV: CREATION AND STATUS OFTHE FEDERAL CAPITAL TERRITORY

Article 254: Creation of the Federal Capital Territory

(1) This is created under the present constitution a Federal Capital Territory the location and boundaries of which shall be defined by an Act of Parliament.

(2) The national capital of Cameroon and the seat of the Government of the Federal Republic of Cameroon shall be located within the Federal Capital Territory.

(3) Neither the capital nor seat of government of a Federated State or
Province shall be located within the territorial boundaries of the Federal Capital Territory.

(4) All lands and natural resources comprised within the Federal Capital Territory shall belong to the Federal Republic which alone shall determine the use or uses to which they shall be applied. .

Article 255: Status of the Federal Capital Territory

(1) The status and manner of government of the Federal Capital Territory shall be determined by an Act of Parliament. .

(2) Notwithstanding the provisions of sub-article (1) of this article, and except as concerns local government therein, the Federal Capital Territory shall come under the direct rule of authorities of the Federation and shall, accordingly, be governed independently of the Federated States and the Provinces.

PART FIVE

THE FEDERATED STATE

CHAPTER XV: THE FEDERATED STATE LEGISLATURE

Article 256: The Federated State Legislature

(1) In each Federated State, and in respect of matters within the competence of the State, legislative power and authority shall vest in a State Legislature and shall be exercise in accordance with the provisions of this Constitution, of the Constitution of the Federated State concerned, and of enactments made there-under.

(2) The State Legislature shall comprise a State Representative Council of not less than twenty or more than eighty members and a State House of Chiefs of not less than twenty or more than forty members.

Article 257: The State Representative Council

(1) The State Representative Council of each Federated State shall be made up partly of members elected by the Assembly of each of the Provinces of the Federated State and partly of members appointed by the Premier of the State. Provided that the number of appointed members of the State Representative Council shall in no circumstances exceed one-fifth of the total membership of the Council.

(2) Subject to the provisions of sub-article (1) of this article, each Provincial Assembly shall elect from among its members an equal number of representatives to sit in the Representative Council of the Federated State.

(3) The Premier of the Federated State shall, after consultation with the Governor of each Province within the State, and subject to the proviso contained in sub- article (1) of this article, appoint as members of the State Representative Council such Elder Statesmen, Senior Citizens,
distinguished personalities and representatives of various socio-economic and professional groups as may seem fit. Provided that the Premier shall make an equal number of such appointments from each of the Provinces that make up the Federated State.

(4) The Premier shall so exercise his power of appointment under this article as to ensure the equitable representation in the State Representative Council of the indigenous minorities, if any, within each Province of the Federated State concerned whose effective representation by election proves difficult or impracticable.

(5) An enactment of the Legislature of each Federated State shall determine the modalities for the application of sub-articles (2), (3) and (4) of this article.

Article 258: Term of Office

(1) The term of office of members of the State Representative Council shall be five years. Provided that, where a member's term of office as Member of the Provincial Assembly that elected him duly expires before the expiry of his term as a Member of the Representative Council, he shall continue as a Member of the Council until the expiry of the latter term.
(2) Where a seat in the State Representative Council becomes vacant for any reason whatsoever, it shall be filled in accordance with the provisions of sub- articles (2), (3), (4) and (5) of article 257 above, as applicable. Provided that, where a seat becomes vacant six months or less before the expiry of the current term of the State Representative Council, it shall be left vacant until the expiry of the said term.

Article 259: 'The State House of Chiefs

(1) Subject to the numerical limits fixed under sub-article (2) of article 56, above, the House of Chiefs of each Federated State shall comprise an equal number of Chiefs from each of the Provinces that make up the State.

(2) Members of the State House of Chiefs shall be elected in each Province by, and from among the members of, the Provincial Conference of Chiefs in accordance with such modalities as shall be determined from time to time by an enactment of the State Legislature.

Article 260: Term of office of House of Chiefs

(1) Members of the State House of Chiefs shall be elected for a term of five years.

(2) Where a seat in the State House of Chiefs becomes vacant for any reason whatsoever, it shall be filled in accordance with the provisions of article 259, above. Provided that, where a seat becomes vacant six months or less before the expiry of the current term of the State House of Chiefs, it shall be left vacant until the expiry of the said term.

Article 261: Power of Federated State Legislature

(1) The Legislature of each Federated State shall have power to make enactments for the peace, order, development and good government of the Federated State or of any part thereof within the limits of the Competence of the Federated State.

(2) The exercise legislative power and authority in the Federated State and the relative between the State Representative Council and the State House of Chiefs shall be governed by the Constitution of each Federated State which, in this matter, shall be guided by the corresponding provisions of the present Constitution concerning the exercise of federal legislative power and authority by the Federal Parliament and the relations between the Senate and the National Assembly.

(3) The constitution of each Federated State shall lay down the number of sessions of each chamber of the State Legislature to be held every year as well as the time and duration of each session.

(4) The State Representative Council and the State House of Chiefs shall each establish its Standing Orders and elect its officers for the duration of each term, such that no Province or group of Provinces within the, Federated State shall dominate another Province or group of Provinces in the management of, the conduct of the business of, and the implementation of the decisions of the State Representative Councilor or the State House of Chiefs.

CHAPTER XVI: THE FEDERATED STATE EXECUTIVE

Article 262: Chief Executive of Federated State

The Chief Executive of each Federated State shall be the Premier of the State who shall be assisted in his office by the Deputy Premier.

Article 263: Election of Premier and Deputy Premier

(1) The Premier and the Deputy Premier of the Federated State shall be elected on the same ticket by direct universal suffrage and secret ballot by the registered voters of the State concerned.

(2) In no circumstances shall the candidates for election as Premier and Deputy Premier, respectively, of a Federated State come from the same Province.

Article 264: Term of Office of Premier and Deputy Premier

(1) The Premier and the Deputy Premier shall hold office for a term of five years renewable once only.

(2) Notwithstanding the provisions of sub-article (1) of this article, the Premier or his Deputy may be removed from office at any time by affirmative resolution of at least two-thirds of the members of the State Representative Council on grounds of gross misconduct or of inability to discharge the functions of his office arising from any cause whatever.

(3) Notwithstanding the provisions of sub-article (1) of this article, the Premier or his Deputy shall tender his resignation to the President of the State Representative Councilor or be deemed to have resigned if the State Legislature by an absolute majority of its members resolves in a joint session of the State Representative Council and the State House of Chiefs that it has no confidence in the State Executive Council or projects a motion of confidence tabled by the State Executive Council.

(4) Where a vacancy occurs in the office of Deputy Premier prior to the expiry of the current term of office, the Premier of the Federated State shall, upon the proposal of the State Representative Council, appoint a Member of the State Representative Council to complete the said term as Deputy Premier. Provided that the Member so appointed shall come from the same Province as the last Deputy Premier.

Article 265: Rotation of Office of Premier

Where the office of Premier has been held consecutively for two terms by one or more persons who come from the same Province, no person from that Province or whose ancestral origins are in that Province shall be eligible at the expiry of the second term for election as Premier nor, in the case of a Federated State composed of more than two Provinces, for election as Deputy Premier.

Article 266: Answerability of Premier

The Premier of the Federated State shall be answerable to the State legislature and shall vacate his office in the circumstances of article264 (2) and (3), above .

Article 267: State Executive Council

(1) In each Federated State, and in respect of matters within the competence of the State, executive power and authority shall vest in a State Executive Council of not less than seven nor more than twelve members, and shall be exercised in accordance with the provisions of this Constitution, of the Constitution of the Federated State concerned, and of enactments made there-under.

(2) The Premier and the Deputy Premier shall act as Chairman and Deputy Chairman, respectively, of the State Executive Council.

(3) The Premier shall appoint members of the State Executive Council, who shall be called "Secretaries of State" and define their duties in conformity with the provisions, if any of the Constitution of the Federated State. Provided that, in the appointment of Secretaries of State and the distribution of responsibilities within the State Executive Council, the Premier shall so act as to ensure the fair and equal representation and treatment of every Province within the Federated State.

(4) Secretaries of State shall be answerable in the performance of their duties to the Premier and to the Legislature of the Federated State.

(5) Without prejudice to the provisions of article 262, above, the Premier shall have power to assign the Deputy Premier to such duties in the State Executive Council as he shall see fit.

Article 268: Functions

(1) The Premier of the Federated State shall represent his Federated State in the latter's relations with the Federal Government and with the Government of the other Federated States. He shall be consulted by the Federal Authorities concerning any matter affecting or likely to affect his Federated State and shall give his view thereon.

(2) The Premier shall seize the Federal Supreme Court of any enactment which, in his opinion, goes against the Federated State or is in violation of the provisions of this Constitution dealing with Federated States.

Article 269: Contact between Federated State and Provinces

The Premier of the Federated State shall maintain regular contact with the authorities of Provinces within his State and consult them on Federated State issues.

Article 270: Federated States and Provinces as Federal Agents

Except as otherwise provided or authorized by this Constitution, the Federated States and the Provinces shall, by appropriate means, and within their respective territories, execute Federal Laws and Regulations as agents of the Federal Government, in collaboration with such Federal agencies, services and departments, if any , as exist within the Federated State or the Province, as the case may be.

Article 271: Consultation on Treaties and Power to Conclude Treaties

(1) Before concluding any Treaty or international Agreement affecting or likely to affect the interest, well-being or territorial integrity of a Federated State or of its inhabitants, as the case may be, the Federal Government shall consult the Federated State concerned in time for its opinion on the matter and shall take the State's opinion into account in the further negotiation and conclusion of the treaty or international agreement.

(2) Each Federated State shall have power, in consultation with the Federal Government and within the limits of its competence, to conclude treaties and agreements with foreign States, Governments, corporations, bodies, institutions and organizations.

Article 272: State Police Force

Each Federated State shall have power to raise, train, equip, deploy and manage a State Police Force in accordance with its Constitution and enactments made there-under.

Article 273: State Prison Services

(1) Each Federated State shall be entitled to establish, organized manage its own prison services to deal with persons convicted and sentenced to a custodial penalty within the Federated State for both Federal and Federated State offences.

(2) A law of the Federated State shall determine the modalities for the application of sub-article (1) of this article.

Article 274: State Regulation of Mass Media, Code of Conduct and Special Bodies

Each Federated State shall have power to make provision under its Constitution and other laws, and within the limits of its competence, for the regulation of the mass media, for the establishment and application of a code of conduct for public officers and forthe creation of such special bodies and agencies corresponding to the-special Federal bodies and agencies created under this Constitution, as it shall see fit to create,

PART SIX

THE PROVINCE

CHAPTER XVII: CREATION, BOUNDARIES AND MERGER OF PROVINCES

Article 275: Composition of Federated State

(1) Each Federated State shall be divided into two or more Provinces created by Act of Parliament in consideration of the character and wishes of the population of the area concerned, the common interests of the people of that area, the economic viability of the area as well as administrative convenience and efficiency.

Article 276: Creation, Alteration and Merger of Provinces

(1) Within each Federated State, in consideration of the same factors as are mentioned at article 275 of this Constitution, and subject to the provisions of this article, an Act of Parliament may:

(a) Create a new province;

(b) Alter the boundaries of a province; or

Provided that on no account shall the adjustment of the boundaries of any Province or the merger of any two or more Provinces have as its effect the fusion of any Anglophone and Francophone areas of the Country.

(2) If the President of the Federation, upon a petition being presented to him, is satisfied that there is a substantial demand for:

(a) the creation of a new province, or

b) the alteration of the boundaries of province whether or not the alteration involves the creation of a new Province, or

(c) the merger of any two or more provinces, he shall appoint a Commission of Inquiry to inquire into the demand and to make recommendations on all the factors involved in the creation, alteration or merger.

(3) If, notwithstanding that a petition has not been presented to him, the President is satisfied that need has arisen for taking any of the steps referred to in paragraphs (a), (b) and (c) of sub-article (1) of this article, he may appoint a Commission of Inquiry to inquire into the need and to make recommendations on all the factors involved in the creation, alteration or merger.

(4) Where a Commission of Inquiry appointed under sub-article (2) or (3) of this article finds that there is the need and substantial demand for the creation, alteration or merger referred to in those sub-articles, it shall recommend to the President of the Federal Republic that a referendum be held, specifying the issues to be determined by the referendum and the places where the referendum should be conducted.

(5) The President shall refer the recommendations to the National Electoral Commission, and the referendum shall be held in a manner prescribed by the National Electoral Commission.

(6) An issue referred for determination by referendum under sub-articles (4) and (5) of this article shall not be taken to be determined by the referendum unless at least fifty per cent of the persons entitled to vote cast their votes at the referendum and, of the votes cast, at least seventy per cent cast their votes in favour of that issue.

(7) Where a referendum involves the merger of two or more provinces, the issue shall not be determined unless at least sixty-five per cent of the persons entitled to vote at the referendum in each such province voted in favour of the merger of the two or more provinces: and accordingly, sub-article (6) of this Article shall not apply to such a referendum. (8) Parliament shall, under sub-article 11) of this article, and acting in accordance with the results of the referendum held under sub-articles (4) and (5) of this article, pass an Act giving effect, or enabling effect to be given, to the said results.

CHAPTER XVIII: ORGANS OF PROVINCIAL GOVERNMENT

Article 217: Exercise of provincial Power and Authority

In each Province, and in respect of matters within the competence of the Province power and authority shall vest in a Provincial Assembly, a Provincial Chiefs' Conference and an Executive Council headed by a Provincial Governor and shall be exercised in accordance with the provisions of this Constitution, of the Constitution of the relevant Federated State and of enactments made there-under.

Article 278: Composition of Provincial Assembly

(1) The Provincial Assembly shall comprise not less than twenty five nor more than fifty members.

(2) It shall be made up as to four-fifths of members elected by direct universal suffrage and as to one-fifth of members appointed by the Provincial Governor.

(3) For the purpose of representation in the Provincial Assembly, the Province shall be divided into as many single member constituencies as there are elective Provincial Assembly seats.

(4) The Governor shall so exercise his power of appointment of members of the Provincial Assembly pursuant to sub-article (2) of this article as to ensure the adequate and equitable representation in the Provincial Assembly of the indigenous minorities if any within the Province whose representation by election proves difficult or impracticable.

(5) An enactment of the Provincial Assembly shall determine the modalities for the election of members of the Assembly and for the application of sub-articles (3) and (4) of this article.

Article 279: Term of Office of Members of Provincial Assembly
(1) the term of office of members of the Provincial Assembly shall be four years.

(2) Where a seat in the Provincial Assembly becomes vacant for any reason whatsoever, it shall be filled in accordance with the relevant provisions of article 278 of this Constitution. Provided that where a seat becomes vacant six months or less before the expiry of the current term of the Provincial Assembly it shall be left vacant until the expiry of the said term.

Article 280: Provincial Chiefs' Conference

(1) There shall be a Conference of Chiefs for each Province.

2) The Provincial Assembly shall in consultation with the Chiefs of the relevant Province determines by enactment the composition, duties, powers and functioning of the Provincial Chiefs' Conference.

Article 281: Relations between Provincial Assembly and Provincial Chiefs' Conference

(1) The relations between the Provincial Assembly and the Provincial Chiefs' Conference shall be governed by this Constitution, by the Constitution of the relevant Federated State and by Provincial legislation, if any.

(2) The Provincial Assembly and the Provincial Chiefs' Conference shall each establish its Standing Orders and elect its officers for the duration of each term.

(3) The Provincial Assembly acting with the advice of the Provincial Chiefs' Conference shall, within the limits of the competence of the Province, have power to make regulations and to take appropriate measures for the peace, order, development and good government of the province orof any part thereof, such that no group, tribe or area within the Province shall feel dominated or neglected in the management of the Province, the conduct of its business and the implementation of itspolicies.

(4) Where a regulation, of the Provincial Assembly conflicts with this Constitution or with a Federal Law or with the Constitution or law of the Federated State, the latter shall prevail.

Article 282: Provincial Chief Executive.

(1) The Chief Executive of the Province shall be the Governor.

(2) The Governor of the Province shall be elected by universal adult suffrage from among the natives of the Province and persons who have been permanently resident within the Province for a continuous period of at least fifteen years.

(3) A candidate for election as Governor shall be not less than thirty-five years of age and shall, in all other respects, fulfill the conditions for election to Provincial Assembly.

(4) The Governor shall be elected to a term of four years renewable only once. Provided that a person holding the office of Governor may tender his resignation to the Provincial Assembly or be deemed to have resigned the Provincial Assembly byan absolute majority of its members resolves that it has no confidence in the Provincial Executive Council.

(5) Where the office of Governor has been held consecutively for two terms by one or more persons who come from the same ethnic group or Local Council Area within the Province, no person from that ethnic group or Local Council Area shall be eligible for election as Governor for the next two terms of office.

Article 283: Powers and Duties of the Provincial Governor

(1) The Governor of the Province shall represent his Province in its relations with the Federation, the Federated State and other Provinces.

(2) He shall be consulted by authorities of the Federation and of the Federated State on any matter or measure affecting or likely to affect the Province.

(3) He shall maintain regular contact with local council within his Province and consult them on provincial issues.

(4) He shall seize the Federal Supreme Court of any enactment which, in his opinion, goes against the interest of the Province or is in violation of the provisions of this Constitution dealing with Provinces.

Article 284: Provincial Executive Council

(1) The Governor of the Province shall be assisted in the Government of the Province by a Provincial Executive Council of not less than seven or more than eleven members.

(2) Members of the Provincial Executive Council shall be styled "Commission” They shall be appointed by the Governor with the approval of the Provincial Assembly from among the natives of the Province and persons who have been permanently resident within the Province for a continuous period of at least ten years.

(3) In making appointments to the Provincial Executive Council, the Governor shall ensure, and the Provincial Assembly shall verify, the equitable representation of the various groups and areas of the Province such that, in particular, the indigenous minority, if any, is not neglected.

Article 285: Collection of Public Revenue

(1) A Provincial Assembly shall have power, within the area of competence of the Province as provided by this Constitution, and subject to such conditions as it may prescribe, to make provisions for the collection of any tax, fee or rate, or for the administration of a law providing for such collection, by a Local Council.

(2) In exercising its power under sub-article (1) of this article, the Provincial Assembly shall regulate liability to the tax, fee or rate such that the same person is not levied in respect of the same liability by more than one Local Council.

Article 286: Foreign Agreements

Each Province may, through its Executive Council, and within the limits of its competence, conclude bilateral or multilateral agreements with foreign States, governments, corporations, bodies, institutions or organizations.

Article 287: Cooperation between Provinces

Any two or more Provinces, whether or not within the same Federated State, may, for the benefit of their inhabitants and territories, and within the limits of their competence, cooperate on matters of common interest.

CHAPTER XIX: LOCAL GOVERNMENT

Article 288: Local Council Areas

(1) For purposes of local government, Local Council Areas shall be established in every Province in accordance with the provisions of this Constitution and of any subordinate legislation made there-under, of the Constitution of a Federated State or of any other enactment.

(2) An enactment of the Legislature of each Federated State shall determine the boundaries of Local Council Areas, the methods of raising revenue for Local Authorities, the remuneration of Local Authority Councilors and all other matters dealing with or incidental to the administration and functioning of Local Council Areas.

CHAPTER XX: CHIEFTAINCY

Article 289: Institution of Chieftaincy

(1) The institution of Chieftaincy, together with its Traditional Councils and with the status of chiefs, as established by customary law and usage, is hereby guaranteed.

(2) A Chief for the purpose of this Chapter of the present Constitution shall mean any person who, being of the appropriate family and lineage, has been validly installed as a chief in accordance with the relevant customary law and usage.

Article 290: Recognition, Honor and Dignity of Chieftaincy
Parliament shall have no power to enact any law which:

(a) Confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever; or

(b) in any way detracts or derogates from the honor and dignity of the institution of chieftaincy.

Article 291: Validity of Chieftaincy

Notwithstanding the provisions of articles 289 and 290, above, the law
may make provision for:

(a) the determination of the validity of the nomination, election, selection, installation or deposition of a person as a chief by a Traditional Council, a Provincial Chiefs' Conference, a State House of Chiefs or a Chieftaincy Committee of any of these bodies in accordance with the appropriate customary law and usage.

(b) the establishment and operation by a Traditional Council, a Provincial Chiefs' Conference or a State House of Chiefs of a procedure for the registration of Chiefs and the public notification in the Gazette or otherwise of the status of persons as chiefs.

Article 292: Prohibition of Classification of Chiefs

(1) The classification of chiefs by any legislative or executive instrument is hereby proscribed.

(2) The importance of each Chief and the consideration to which he is entitled shall derive solely from the esteem in which his Chiefdom is held and his social standing with his subjects other Chiefs and public authorities.

Article 293: Non-Participation of Chiefs in Partisan Politics

(1) It shall be forbidden for chiefs to take an active part in party politics.
(2) Any chief seeking election to any elective office or pest shall first abdicate his throne.

(3) Nothing in sub-articles (1) and (2) of this article shall be taken as precluding the appointment of a chief to any non-elective public office for which he is otherwise qualified or the conferment in him of any national honor.

PART SEVEN

COMMON PROVISIONS AND ALLOCATION OF RESPONSIBILITY

CHAPTER XXI: COMMON PROVISIONS

Article 294: Legal Personality and Financial Autonomy

(1) The Federal Capital Territory the Federated States, the Provinces and Local Council Areas shall each be endowed with legal personality and financial autonomy. They shall have power to raise taxes as provided by Act of Parliament.

(2) An Act of Parliament shall define the sources of revenue for the Federation, the Federal Capital Territory, the Federated States, the Provinces and the Local Council Areas and shall, pursuant to the provisions of this Constitution, lay down' rules for the allocation of revenue taking into account, inter alia, population distribution, the necessity of balanced regional development and derivation of the revenue.

Article 295: Constitutions Laws, Rules and Regulations of Federated States and Provinces; Hierarchy of Judicial Norms

(1) Federated States shall have power to adopt their own Constitutions and to make laws under them. Provided that such Constitutions and laws shall conform to the provisions of this Constitution and of enactments made there-under.

(2) Provinces and Local Council Areas (shall have power to make rules
and issue regulations, within the limits of their competence, in conformity with the provisions of this Constitution, of the Constitution of the relevant Federated State and of enactments made under these Constitutions in respect of the Federation.

(3) Under their Constitutions, Laws or Regulations, Federated State and Provincial Legislatures may, within the limits of their competence, make provision for institutions, boards, bodies, committees, services and so on, corresponding to those for which provision has been made in this Constitution in respect of the Federation. They shall enact and apply provisions similar to those of articles 179 to 182, inclusive, of the present Constitution. .

(4) The order of hierarchy of juridical norms shall be, norms of the Federation, norms of the Federated States, norms of the Provinces and norms of the Local Council Areas.

(5) In case of conflict between a higher and a lower juridical norm as indicated at sub-article (4) of this article, the higher norm shall prevail. Provided that the Federal Parliament shall not have power to alter, modify, abrogate, repeal, supersede or otherwise interfere with a provision of the Constitution of a Federated State or of an enactment of a province which is not in violation of the present Constitution.

(6) Any conflict between a juridical norm of the Federation and one of a Federated State shall be referred for resolution to the Federal Supreme Court.

(7) Any conflict between a juridical norm of the Federated State and a norm of a Province or a Local Council Area within that State shall be referred for resolution to the Supreme Court of the Federated State concerned.

CHAPTER XXII: ALLOCATIONRESPONSIBILITY

Article 296: Exclusive Federal Jurisdiction

The following subjects shall fall exclusively within the jurisdiction of the
Federal Government:

- Aeronautics and Meteorology;

- Air and Sea Transport;

- Air and Sea Ports;

- Conflict of Laws;

- Currency;

- Customs and Excise;

- Deep Sea Fishing;

- Elections and Electoral System;

- External Affairs;

- Federal Capital Territory;

- Federal Civil Service;

- Firearms, Ammunitions and Explosives;

- Gas, Mines and Minerals (excluding Quarries);

- International inter -State, Inter-Provincial Boundaries;

- Judiciary;

- Nationality, Aliens, Immigration and Emigration;

- National Census and Population Policy;

- National Debt;

- National Defence and External Security;

- National Intelligence and National Security Coordination;

- National, Inter- state and Inter-provincial Roads;

- Petroleum and Petroleum Products;

- Protection of Patents, Copyright, Trademarks and Intellectual Property;

- Railways;

- Weights and Measures;

Article 297: Concurrent Jurisdiction

The following subjects shall fall under the concurrent jurisdiction of the Federation, the Federated Sates and the Provinces:

- Administration of Justice and Prisons;

- Agriculture;

- Antiquities and Museums;

- Banking;

- Civil Liberties and Human Rights;

- Contracts, Company Law, Civil Law, ·Commercial Law, Insurance, and Labour Law;

- Economic Policy, Statistics and Planning;

- Environmental protection;

- External Economic Relations, notably external trade agreements;

- External Technical and Financial Assistance;

- Foreign Loan Guarantees;

- Forestry Policy and Exploitation;

- Higher Education and Scientific Research;

- Hydro-electric Energy and Water Resources;

- Information, Radio, Television, Public Entertainment and Culture;

- Inland Ports;

- Lands and Surveys;

- Law of Persons and Property;

- Local Council Boundaries;

- National Parks and Reserves;

- Police and Internal Security;

- Post and Telecommunications:

- Produce Marketing and Price Stabilization;

- Public Accountability and Audit;

- Public Health;

- Registration and Licencing of Motorised Vehicles (excluding taxis):

- Revenue Collection and Allocation;

- Secondary General, Technical, Industrial and Commercial Education;

- Sports;

- Taxation;

- Trade and Industry;

- Transport along the sea coast, by road, by canal ways, by lakes and by rivers;
- Tourism;

Article 298: Exercise of Concurrent Jurisdiction

With respect to matters falling under Article 297 of this Constitution, general policy guide-lines and objectives on each subject shall be laid down by Federal authorities and implemented by provincial authorities under the supervision and coordination of federated State authorities. Provided that authorities of the Federated States and of the Provinces, as the case may be, shall not be precluded from pursuing action in relation to these subjects on the ground solely that Federal authorities have not provided the necessary general policy guide-lines and objectives.

Article 299: Local Government Jurisdiction

(1) Local Councils shall treat such matters as are assigned to them from time to time by Federal, Federated State and Provincial authorities.

(2) Without prejudice to the provisions of sub-article (1) of this article, the following matters shall fall under the jurisdiction of local councils who shall exercise it in close collaboration with, and under the supervision and coordination of, the authorities of the Province concerned;

- Adult Education and Literacy campaigns;

- Agricultural Extension;

- Building Regulations, Codes and Permits:

- Burial Grounds;

- Chieftaincy;

- Civil Status Registration;

- Community Facilities and Recreational Centres;

- Control of Boardings, Advertisements and Use of Loudspeakers;

- Control and Maintenance of Lakes and Beaches;

- Control and Maintenance of Traditional Palaces and Antiquities;

- Control of the Movement and the Keeping of Animals and Pets;

- Council Equipment Park;

- Council Lands;

- Customary Courts;

- Environmental protection;

- Farming and Grazing Areas;

- Fire Regulations and Services;

- Health and Sanitation: Clinics and Ambulance Services, Dispensaries,

Sanitary Control, Refuse and Sewage Disposal, Food Inspection, Public Hygiene;

- Information, Public Entertainment and Culture;

- Land Registration, Customary Lands and Land Use;

- Local Forest Reserves and Wood Plantations;

- Licensing of Firearms;

- Licensing of Hawkers;

- Licensing of Quarries;

- Licensing and Regulation of Bicycles, Motorcycles, Hand Carts, and all Non- motorised Vehicles;

- Licensing, Regulation and Control of the Sale of Liquor;

- Licensing, Regulation, Control and Supervision of Banking Houses,

Eating Houses, Laundries, Shops, Shopping centres, Photographic Studios,-Drinking Houses, Cinemas, Dance Halls. Hotels, Sporting Facilities, etc.

- Local Museums;

- Local Revenue and Taxes;

- Markets and Motor Parks;

- Petrol Stations;

- Pollution Control;

- Primary and Nursery Education;

- Public Conveniences;

- Public Libraries and Reading Rooms;

- Public Parks, Gardens and Open Spaces;

- Registration and Licensing of Taxis;

- Scholarships and Bursaries;

- Slaughter Houses and Slabs;

- Social Services;

- Stamp Duties;

- Streets: Construction and Maintenance, Control of Circulation, Lighting, Public Parking, Signalization and Naming;
- Town Planning and Public Housing;

- Utilities: Rural and Urban Water Supplies, Electricity and Domestic Gas;

- Veterinary Clinics, Animal Disease Control, Control of Pests.

(3) For the purpose of exercising jurisdiction and carrying out their functions under the provisions of this article, any two or more local councils within the same or different Provinces in the same or different Federated States may cooperate and collaborate on such conditions and terms as shall be mutually agreed between them.

PART EIGHT AMENDMENT

CHAPTER XXIII: POWER, PROCEDURE AND REFERENDUM OF AMENDMENT

Article 300: Power to Amend the Constitution and Procedure for Amendment

(1) Subject to the provisions of this Constitution, Parliament shall have power to amend any provision thereof by an Act of Parliament.

(2) A bill for the amendment of the Constitution shall not deal directly or
indirectly with any other matter.

(3) A bill for the amendment of any provision of this Constitution shall first be referred by the President of the Federal Republic to the Federal Supreme Court for an advisory opinion on its constitutionality, and the Federal Supreme Court shall render its advice within thirty days of receiving the bill.

(4) Where the advisory opinion of the Federal Supreme Court is in favour of the submission of the bill to Parliament, the President of the Federal Republic shall, if he chooses to proceed with the amendment, cause the bill to be published in the Official Gazette at least three (3) but not more than six (6) months prior to its introduction in Parliament.

(5) Where Parliament adopts the bill; it shall not be presented to the President of the Federal Republic for promulgation unless it was adopted by the votes of at least two thirds of the members of each House.

(6) Notwithstanding the provisions of article 100(8), (9), (10) and (11) of
this Constitution, the President shall promulgate a law for the amendment of the Constitution not less than fifteen nor more than twenty-one days from the date of adoption of the bill by Parliament.

Article 301: Referendum on Bill to Amend the Constitution'

(1) Where a bill for the amendment of the Constitution which has been adopted by Parliament in accordance with the provisions of article 300, above, is likely to affect the unity or the federal character or the republican nature of Cameroon or to affect the interests of a Federated State or of a Province thereof, the Premier of a Federated State shall have power, within fifteen days from the date of adoption of the bill, to request the President of the Federal Republic to submit the bill to a referendum held throughout the Federal Republic of Cameroon. Upon such request the President shall submit the bill to referendum within a period of not less than thirty nor more than ninety days from the date of the request.

(2) A bill for the amendment of the Constitution which is submitted to a referendum in accordance with sub-article (1) of this article shall be considered as having been rejected by the Cameroonian People unless at least Sixty per cent of the registered voters in each Federated State take part in the poll and at least that same percentage of those voting in each Federated State votes in favour of the amendment.

PART NINE

TRANSITIONAL AND MISCELLANEOUS PROVISIONS

CHAPTER XXIV: TRANSITIONAL AND MISCELLANEOUS PROVISIONS

Article 302: Electoral Rules and Regulations

Notwithstanding the provisions of article 84 of this Constitution, the first
elections of the President and Vice President of the Republic, of members of the Senate, and of the National Assembly, of the Premier, Deputy Premier, and State Representative Council of each Federated State, of the Governor and Provincial Assembly of each province and of local councils to be held after the entry into force of this Constitution shall be conducted in application of the electoral rules and regulations annexed to this Constitution and adopted at the same time and in the same manner as this Constitution but which shall stand repealed once these first elections have taken place.

Article 303: Provisions of limited Duration

Any provision of limited duration contained in this Constitution shall stand repealed on expiry, and no further action shall be necessary to remove it from this Constitution.

Article 304: Establishment of Commissions, Boards, Agencies, Bodies and Officers

Any Commission, board, agency or body and the officers thereof provided for under this Constitution shall be established, appointed or elected, as the case maybe, within twenty four calendar months from the first meeting of Parliament following the entry into force of this Constitution.

Article 305: Existing Institutions and Officers

Existing institutions and public officers, elected or appointed, including memoirist the National Assembly and the president of the Federal Republic, shall carry on their functions for a transitional period of not more than twelve calendar months from the date of entry Into force of this Constitution during which time the new institutions and officers provided for by this Constitution shall be established, elected or appointed, as the case may be.

Article 306: Enforcement Legislation

All Acts of Parliament required for the purpose of giving effect to' any
provision of this Constitution shall be enacted not later than the time of
expiry of the term of office of the first National Assembly to be elected
after the entry into force of the present Constitution.

Article 307: Repeal of Previous Legislation

All legislation previously in force in Cameroon which is incompatible with or contrary to the present Constitution is hereby repealed.

Article 308: Interpretation

(1) In this Constitution, unless otherwise stated or implied:

(a) any reference to the male gender includes the female gender and the words "he", "him", "his" and "himself" shall be construed accordingly;

(b) "President" means the President of the Federal Republic of Cameroon;

(c) "enactment" means an Act of Parliament, a decree, a law, a proclamation, a constitutional instrument, a statutory instrument or any provision thereof.

(2) In this Constitution and in any other law, a reference to the holder of an office by the term designating his office shall, unless the context otherwise requires, be construed as including a reference to a person for the time being lawfully acting in or performing the functions of that office.

(3) A provision of this Constitution or of any other law to the effect that a person or authority shall not be subject to the direction or control ofany other person or authority in the performance of any functions under this Constitution or that law shall not preclude a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance& with this Constitution orthe law.

(4) In article 179to 182 and throughout this Constitution, unless the context otherwise requires, "public officer" means a person who holds a public office.

Article 309: Citation and Entry into Force

This Constitution shall be cited as the Constitution of the Federal Republic of Cameroon. It shall enter into force on the day following its adoption by referendum by the Cameroonian People.

PART TEN

SCHEDULE

Forms of Oath

The Oath of Allegiance

I, …………………..... do (in the name of the Almighty God swear)

(solemnly affirm) that I will bear true allegiance to the Federal Republic of Cameroon as by law established; that I will uphold the sovereignty, and integrity and unity of the Federal public of Cameroon; and that I will
preserve, protect and defend the Constitution of the Federal Republic of Cameroon. (So help me God).

The Presidential Oath

1.. ....................... having been elected to the high office of President of the Federal Republic of Cameroon do (in the name of the Almighty God
swear) (solemnly affirm) that I will be faithful and true to the Federal Republic of Cameroon; that I will at all times uphold, protect, defend, obey, administer and execute the Constitution and laws of the Federal Republic of Cameroon; and that I dedicate myself to the service and well- being of the people of the Federal Republic of Cameroon, to doing right to all manner of persons and to performing with honour, dignity, and leadership all acts necessary, expedient, reasonable and incidental to the discharge of the executive functions of the government.

I further (solemnly swear) (solemnly affirm) that should I at any time break
this oath of office I shall submit myself to the laws of the Federal Republic of Cameroon and suffer the penalty for it. (So help me God.)

The Oath Of The Vice President Of The Federal Republic

I........................... ………..having been elected to the office of Vice-President of the Federal Republic of Cameroon, do (in the name of the Almighty God swear) (solemnly affirm) that I will be faithful and true to the Federal Republic of Cameroon; that I will at all times uphold, protect, defend and obey the Constitution and laws of the Federal Republic of Cameroon ; and I dedicate myself to the service and well-being of the people of the Federal Republic of Cameroon, and to doing right to all manner of persons. (So help me God.)

The Judicial Oath

I, ………………………………………………..having been appointed (Chief

Justice or Justice of the Federal Supreme Court / Chief Justice or Justice
of the Supreme Court of a Federated State / a Justice of the Provincial Court of Appeal/ a Justice of the High Court etc) do (in the name of the Almighty God swear) ( solemnly affirm) that I will bear true allegiance to the Federal Republic of Cameroon as by law established; that I will uphold the sovereignty and integrity of the Federal Republic of Cameroon; that I will truly and faithfully perform the functions of my office without fear or favour, affection or ill-will; and that I will at all times uphold, preserve, protect, defend, obey and apply the Constitution and laws of the Federal Republic and of the Federated States of Cameroon. (So help me God).

The Cabinet Oath

I, ……………………………………….. having been appointed a member of

the Cabinet do (in the name of the Almighty God swear) (solemnly affirm)
that I will not directly or indirectly reveal such matters as shall be debated
in the Cabinet and committed to my secrecy; and that I will uphold, preserve, protect, defend, apply and obey the Constitution and laws of the Federal Republic of Cameroon. (So help me God).

The Oath of Federal Minister

1, having been appointed Federal Minister (Deputy Federal Minister) of the Federal Republic of Cameroon, do (in the name of the Almighty God swear) (solemnly affirm) that I will at all times well and truly serve the Federal Republic of Cameroon in the office of Federal Minister (Deputy Federal Minister); that I will uphold, preserve, protect, defend, apply and obey the Constitution of the Federal Republic of Cameroon as by law established; that I will, to the best of my judgment, at all times when required, freely give my counsel and advice for the good management of the public affairs of the Federal Republic of Cameroon; and that I will not directly or indirectly reveal any matters that shall come to my knowledge in the discharge of my duties and committed to my secrecy as Federal Minister (Deputy Federal Minister). (So help me God).
The Oath Of secrecy

I,………………………………...... holding the office of ………………………………………do (in the name of the Almighty God

swear) (solemnly affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specially permitted by law. (So help me God).

The Official Oath

I, ............................................

.do (in the name of the Almighty God swear) (solemnly affirm) that I will at all times well and truly serve the Federal Republic of Cameroon in the office of and

That I will uphold, preserve, protect , defend, apply and obey the Constitution and laws of the Federal Republic of Cameroon as by law
established. (So help me God).

The Oath of the President of the Senate/Speaker of the National
Assembly

1, …………………………………………………………………………..do

(in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Federal Republic of Cameroon as by law established; that I will uphold the integrity of the Federal Republic of Cameroon; that I will faithfully and conscientiously discharge my duties as President of the Senate/Speaker of the National Assembly; and that I will uphold, preserve, protect, defend, apply and obey the Constitution and laws of the Federal Republic of Cameroon; and that I will do right to all manner of persons in accordance with the Constitution of the Federal Republic of Cameroon and the laws and conventions of Parliament without fear or favour, affection or ill-will. (So help me God):

The Oath of a Member of the Senate/of the National Assembly

I,..................................... ………………………………………having

been elected a member of the Senate/ of the National Assembly do (in
the name of the Almighty God swear) (solemnly affirm) that I will bear true allegiance to the Federal Republic of Cameroon as by law established; that I will uphold, preserve, protect, defend, apply and obey the Constitution and laws of the Federal Republic of Cameroon; and that I will faithfully and conscientiously discharge the duties of a member of the Senate/of the National Assembly. (So help me God)

The Oath of the Auditor-General

I…………………………………….having been appointed Auditor-General
of the Federal Republic of Cameroon-do (in the name of the Almighty God
swear) (solemnly affirm) that l-will bear true allegiance to the Federal Republic of Cameroon; that I will uphold, preserve, protect, defend, apply and obey the Constitution and laws of the Federal Republic of Cameroon and that I will truly and faithfully perform the functions of my office without fear or favour, affection or ill-will. (So help me God).

Page 5: Economy

200,000 families to benefit from rural electrification project

International development bodies hold that decentralised energy services remain crucial in an effort to fight poverty. The Government of Cameroon is quite conscious of this and has begun acting in that direction. Eight Regions of the nation will as from January 2020, benefit from the rural electrification project. This information was revealed by the Coordinator of the Rural Electrification project at the Electricity Development Corporation, Martin Otele. He added that the required preliminarily paper work has been done and the needed equipment have been ordered. According to project Coordinator, all is set for work to begin in the next four months. According to the latest plans, the work to electrify rural communities will begin in January 2020 and is expected to end by June same year. Details of the project stipulate that the 65,100 new connections will be installed in some 465 rural areas. The Adamawa and the East are the only Regions that will not benefit from the project. Studies to establish the project’s feasibility and to identify the potential beneficiaries have been launched and are nearing completion. The FCFA 9 billion project to install the connections in these rural areas has already been awarded to some three companies; the first lot covers the Centre and the South, while the second will cover the Littoral, West, South West and North West Regions. While the last phase of the project will involve the Far North Region of the country, the overall project will cost over FCFA 41 billion. The project is jointly funded by the Cameroon government, the World Bank and the Japanese International Cooperation, JICA. It will include the connection of high and low tension cables of 1,416kilometres and the installation of 50,000 electric metres. Cameroon is a developing country with most of its rural population living in severe poverty, without access to electricity. So at completion, the project would have met the needs of the greater share of the nation’s population. The overall goal of the rural electrification project is to facilitate Cameroon’s strategic objective of emergency by 2035.

Culled from Cameroon Insider

Biakoa: Cocoa sales that inspire hope

Over 150 tons of cocoa beans have been sold in the locality of Biakoa, in the Mbam-and-Kim Division of the Centre Region. The tons that were sold at FCFA 1,200 per kilogram, up from the normal FCFA 1,180, were done at a special event organized on October 18, 2019, by the Minister of Trade, Luc Magloire Mbarga Atangana. Biakoa in Mbangasina, is a locality with one of the highest cocoa production rates in the country. In 2019 alone, over 664 tons of the most cherished cocoa beans have been produced. But unfortunately, the producers have hardly benefitted from these huge production rates. In the last few years, illicit buyers would sneak into the locality and buy at discouraging prices, usually far below the FCFA 1,180 per kilogram, set by government. It was in a bid to curb this practice that the Minister of Trade led a high-level delegation to the locality last Friday, to pre-empt the con men’s activities. During this special sale, three cocoa-producer organisations and five cocoa-purchasing companies were brought face-to-face, to do the buying and selling in the presence of the delegation. The cocoa production potential of Biakoa will soon be boosted when the German Cooperation Agency, GIZ, constructs the envisaged cocoa dryers and fermentation infrastructure.

Sizing up the outing, Trade Minister, Luc Magloire Mbarga Atangana said the sales were outstanding. “Here in Biakoa, we have sold cocoa at FCFA 1,200 a kilogram. That is exceptional! People used to sell individually to dubious buyers in the night. There are no advantages to that practice. Producers need to sell their cocoa beans in organized markets,” Minister Luc Magloire Mbarga Atangana reassured.

Culled from Cameroon Insider.

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