By Kini Nsom
According to the law governing parliamentary elections in Cameroon, the government is supposed to organise by-elections to fill vacancies caused by resignations, death or other circumstances. But the Ngoa-Ekelle Glass Palace, which is supposed to host 180 members, has continued to go about its business with only 175 MPs following the death of some five parliamentarians recently.
Since the present legislature began its mandate in 2002, death has deprived the National Assembly of five MPs from the Nyong and Mfoumou constituency, Centre Province, Cameroon People's Democratic Movement, CPDM, Hon. Emmanuel Ava Ava, who died on November 17, 2003; CPDM MP for the Benoue East constituency, North Province,
Hon. Jean Claude Patehale, who died on August 1, 2004; Hon. Fetekoue Madi of the Mayo-Sava constituency in the Far North Province, Hon. Nicholas Amougou Noma of the Mfoundi constituency died on March 11, 2004 and the Kupe Muanenguba MP in the Southwest Province, Hon. Chief Joseph Esong Ntumngwe, who died on January 31, 2005.
In the wake of the present circumstances, government was expected to organise by-elections in each of the affected constituencies according to the 1992 law laying down conditions governing the election of Members of Parliament.
The law that was modified by law No 91-020 of 19 March 1997 says by-elections should be organised within twelve months following the occurrence of any vacancy.
Section 10 (1) of the law reads: "where one or more seats become vacant in a constituency either because of death, resignation of the substantive or alternate member, or for any other reason, by-elections shall be held within a period of twelve months, following the occurrence of the vacancy."
This law further stipulates that by-elections shall be held in the electoral constituency in the manner specified in section 5, 6, and 7 of the same law. Section 10 (3) states that: "no by-election shall be held if the vacancy occurs less than a year before the end of the legislature.
Although the provisions of the law are very clear in this situation, government has not given any legally constituted reason for not organising by-elections over the years following the occurrence of vacancies in the National Assembly.
The same scenario held sway for the sixth legislature that is reported to have lost about eight MPs.The Post struggled in vain to ask the Minister of Territorial Administration and Decentralisation as to why government has not organised by-elections to fill the vacancies in the National Assembly.
But a highly placed source quoted the Minister as saying the government has got no resources to organise by-elections each time an MP dies.
Orphan Constituencies
According to the group leader of the opposition, the Social Democratic Front, SDF, Hon. Joseph Mbah Ndam, the constituencies whose MPs have died are like orphans. He said the negative effects of such a situation are overwhelming.
Quoting the particular case of his Momo constituency, he said he shouldered overwhelming responsibilities, when his colleague, Hon. Reuben Mbang, died barely one year into the sixth legislature that ended in 2002.
The CPDM MP for Akwaya constituency, Manyu Division, of the Southwest Province, Hon. Paul Ayah Abine, said his constituents were bereaved of an MP for years. This situation, he stated, was because government did not organise by-elections as stipulated by the law.
Asked how the micro-project funds of the MPs who have died are managed, Hon. Ayah said the money is sent to their constituencies.
"In the case of the CPDM, the money is sent to the constituencies through Subsection Presidents and Mayors," he said. He said the funds are usually mismanaged.
Reacting to the situation, a Yaounde-based lawyer, Barrister Buba Ndiefembeu, said by failing to organise by-elections, President Paul Biya was acting in illegality.
"The blame for such a situation should be put squarely on his shoulders because the laws says it is the President of the Republic that convenes the electorate," Buba told The Post.
"This is an illegality. Our parliament is supposed to be made up of 180 MPs, not more or less," the lawyer charged. According to Buba, the President of the Republic and a parliament of 180 MPs exercise the sovereignty of the Cameroonian people. He said the Cameroon people have a right to sue the president for failing to organise by-elections.
The lawyer urged MPs to raise a motion on the issue of five vacancies in the house, when parliament opens its doors for the second ordinary session on June 15.
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