By Francis Tim Mbom
Since the slaying of two University of Buea students on April 28 by security forces, many an accusing finger have been pointing at the State and its security operatives for flagrantly violating the law.
On the said April 28, Gilbert Nforlem and Aloysius Ambouer were shot dead in the street of Molyko, Buea.
What The Law Says
According to Law No.90/054 of December 19, 1990, on the Maintenance of Law and Order, it is stated in its Chapter II, Section 2(1) that the Administrative authorities shall take measures to "requisition the police and gendarmes to maintain or restore order."
In its Chapter III on the use of arms in Section 3(1), it states unequivocally that, "the use of arms shall be forbidden in routine operations for the maintenance of law and order."
Section 3(2) goes further to add that, "shooting with blank cartridges or in the air shall be forbidden."
"However" section 3(1) states, "tear gas, batons and other similar instruments may be use in case of need..."As to when the usage of arms can be authorised, the law in its section 4(1)(a) and (b) and (2) states that this exception can only be when there is the, "use of force, assault and battery and fire arms against the forces of law and order."
This notwithstanding, the law also states that arms can only be used if the forces of law and order cannot defend themselves and "after several (prior) warnings through a loud speaker or any other means."
The law states that arms may be used without requisition in cases of organised crime or armed rebel groups.
Was The Law Violated?
Several lawyers who spoke to The Post, were unanimous that the security forces flagrantly violated the law by opening fire on unarmed students.
"The police acted against the law," stated Barrister Eta Besong Jr, representative of the Bar Council President in the Southwest.
"The usage of fire arms was certainly uncalled for because there was no such organised crime," Barrister Henry Monono Ngale of Eyumbo Law Firm corroborated.
Can The State Be Sued
Chapter IV, Section 6 of law No. 90/054 on "Penalties and Miscellaneous Provisions," states, "Offences committed in violation of Section 3(1) and 4 above shall be punished with the penalties provided for in Section 275 of the Penal Code."
The said Section 275 of the Penal Code on "Murder" states, "who ever causes another's death shall be punished with imprisonment for life."
In reaction to a question on whether the deceaseds' families could sue as per the above law and provisions of the penal code, Barrister Emmanuel Ambilichu, Member of the Executive Board of the Cameroon Bar Council, held that the killings of Nforlem and Ambouer "amounts to murder."
To him, the law enforcement officers who became trigger-happy have to bear the brunt of their actions as prescribed for by the law.
"Section 6 is very clear; it classifies those who shot as murderers and are supposed to be tried under section 275 of the Penal Code," Ambilichu said.
He added that "by every respect if a man is shot from the back, he can never be said to have been an attacker." Ambouer was shot at the head from the rear.
Barrister Sylvanus Awasume of AWASUME law Firm in Limbe, stated that the administrative authorities who requisitioned the forces were culpable same as the force(s) who killed the students and committed other atrocities.
Awasume said the State can be held responsible for vicarious liability, that is for having provided the forces with the wrong choice of ammunition for a different cause.
Barrister Eta Bisong said the Governor of the Southwest Province, Thomas Ejake Mbonda, who was in charge of managing the crisis at the Provincial level could be held for having aided and abated the forces for they took instructions from him.
Eta said the police officer(s) who is alleged to have shot is the one to be held responsible. He argued that in the Penal Code, PC, there is what is known as 'lawful defence' and 'obedience to lawful authority.' Upon this, he said the alleged officer(s) may want to invoke obedience to lawful authority as a defence.
But he said this can not be tenable because the law equally provides that if orders from lawful authorities are manifestly unlawful, there is no shield before the law for he who ever executes them.
"Every government officer should act within the limits of the law. If you act ultra vires to the law you are bound to take personal responsibility for your actions," Eta Besong said.
Barrister Ambilichu was optimistic that justice will be done. He said in the early 90s Cameroon was still a young democracy, but today the spirit of impunity has died down. Ambilichu acknowledged that a lot has changed in Cameroon to the extent that the Administrative Bench of the Supreme Court has been passing judgement against the state, a thing that did not use to happen.
As to why the state continues to violate the law, the lawyer said, "it is the system in Africa. When government machinery becomes superior to the people such a violation occurs."
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