Challenges in the Cameroonian Criminal Justice System: The Criminal Procedure Code and Judicial Independence in Perspective

  • Sumelong Henry Awasume
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  • Sumelong Henry Awasume

    Ph.D Research Fellow, Department of English Law, Faculty of Laws and Political Science, University of Buea & Barrister at Law and Managing Partner of Inglis & Sumelong Law Firm Buea

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Abstract

This article examines the challenges faced by Cameroonian Criminal Justice System the spectrum of the Criminal Procedure Code and Judicial Independence. It specifically appraises the road the Criminal Procedure Code did not follow and how judicial independence is stifled. The article focuses on the main difficulties plaguing the Cameroonian Criminal Justice System such as challenges under the Criminal Procedure Code (CPC) prior to trial touching on sensitive aspects like judicial police investigations and Preliminary Inquiry. Legal hurdles during criminal trial itself such as the notion of a charge, the tendering of documents in the absence of witnesses, unbailable offences and the presumption of innocence, the time limit to determine criminal matters, amendment of a criminal charge in the course of a trial. Challenges under the CPC with Appeals, extension of time and admissibility of Appeals, appeals and enforcement of any lower court’s decision. Finally, the Independence of the judiciary and interference by the executives. The paper adopts qualitative analyses of legal doctrines, statutes, and judicial precedents and views from scholars to appraise the challenges inherent in the Cameroonian Criminal Justice system. The paper recommends that a new dimension in addressing the challenges is needed by revisiting the Criminal Procedure Code and making amends of the issues raised by the paper.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 740 - 770

DOI: https://doij.org/10.10000/IJLMH.117982

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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