Abstract

The prosecution for malicious prosecution and illegal detention stand to be the only remedies available for a defendant who has been wrongfully prosecuted under Cameroonian Criminal Law. These remedies give the defendant the legal right to obtain redress for such illegal detention or malicious act of the civil party. While the defendant can prosecute an administrative official for illegal detention, the same gravel can be heated on the civil party for malicious prosecution. The problem however, is whether the Cameroon Criminal Procedure Code (herein after CCPC) has effectively provided for these remedies to be exploited with acute readiness, so as to protect defendants from wrongful prosecution. Thus, it can be said that, the provisions of the Criminal Procedure Code with respect to these remedies seems to be full with lots of controversies as well as ambiguity, making its effective implementation almost impossible. In such a case, the rights of defendants are tempered with and the respect for the rule of law becomes a myth rather than a reality. It is therefore observed that the proper objective of this paper is to question whether the Cameroonian Criminal Procedure Code has properly put forth effective provisions for the proper implementation of these remedies. The work therefore calls for an effective implementation and a proper look at the level of ambiguities and controversies that beset the procedures for illegal detention and malicious prosecution under Cameroon Criminal Procedure Code.

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