Reviewed by Douglas A. Achingalem*
Buba N. Ndifiembeu. A handbook on the criminal procedure code of the Republic of Cameroon. [Publisher not indicated]. 15th July 2006. Price: 5,000FCFA.
Cameroon's new criminal procedure code, which was promulgated into law in July 2005 and which enters into force on 1st January 2007, continues to tickle many a legal and intellectual mind.
The latest of them is Buba Nkimbeu Ndifiembeu, a barrister-at-law and advocate and solicitor of the supreme court of Cameroon. In a well-bound 225-page handbook, he dissects what he simply calls the code, making it easy understandable and more palatable to the ordinary Cameroonian.
Divided into seven chapters, A handbook on the criminal procedure code… begins with a general introductory note in which the link between criminal law and criminal procedure is established with lucidity. For, without understanding these two concepts, the reader would make little or no meaning of the code, which has been described as evolutionary and revolutionary.
Incrimination and penalty, the author says, are the two important elements that constitute criminal law. Then he adds that criminal procedure is an indispensable means of implementing the substantive criminal law.
This shows the barrister's strong concern for the way the criminal justice system operates in our country. "The new code," he writes, "paves the way for a much more…. improved human rights practices and provides the possibility for a more humane treatment of accused persons in Cameroon." (Ch. 1, p.5)
The legal luminary believes that this criminal procedure code will come a long way to improve the practice of democracy within the tethers of our territorial triangle. Which is why he says: "Justice is the centrepiece of democracy on the grounds that all of the pillars that a democracy needs to stand on, the judiciary is central, for he who talks democracy talks of the respect for the rule of law, the due process of law and a fair trial." (Ch. 1, p. 11).
Ndifiembeu further explains the role of the judicial police in administering criminal justice, as provided by the code. Gone are the days, he insinuates, when the police used to arbitrarily arrest and detain crime suspects and flagrantly abuse their human rights.
According to the new code, they can no longer make any arrests before 6 am and after 6 pm. The author cautions them: "The judicial police officers should respect the provisions of this code, and to the best of their capabilities, prevent and oppose any violation as has occurred or is about to occur…" (Ch.3, p. 69). But the author also warns the general citizenry to respect the judicial officers on their part.
Working in close collaboration with the judicial police is the legal department, which is the public prosecutor in all criminal matters. "State counsels are empowered by the code to, at any time and place, act as judicial police officer." (Ch. 3, p. 71).
The writer also dwells on the role and functioning of trial courts. On the trial of minors by the court of first instance, Buba Ndifiembeu, a father of six kids, sounds somewhat emotional when relating the deplorable conditions under which these young people are kept in custody in Cameroon. He however, expects the conditions to improve with the entering into force of the code.
The other prescriptions of the code, as highlighted by the author in A handbook on the criminal procedure code… include those on preliminary inquiries, the setting aside of judgments in default, appeals and judicial reviews, the execution of judgments and social procedure, which, amongst other things, touches on the extradition of accused persons or convicts.
On preliminary inquiries, the author writes inter alia: "The code provides that any act of an inquiry done in violation of some of its provisions is null and void. This concerns, the order for commencing and inquiry, the first appearance of the suspect, the discovery of fresh facts, and rights of the defendant to reserve his statement, right to counsel." (Ch. 3, p. 99).
Ndifiembeu's understanding of his subject matter is total, which is why he explains and analyses his facts with masterly skill. The legal document, to which he makes references to support his facts, such as the 1996 constitution, the 1948 UN declaration of human rights and the 1990 liberty laws, are undoubtedly the essential working tools of a lawyer and researcher of his calibre.
The simple straightforward language and style in which the work is couched leaves the reader with no difficulty in grasping the content. In fact, this simplicity makes the handbook accessible to everyone.
serves as a deterrent to crime and criminality. No wonder therefore, that, another legal expert, Ntumfor Nico Halle, in his foreword to the work, writes. "I recommend this handbook as an invaluable companion of every household. Remember, liberty is priceless and the worst thing that can happen to one is when one does not know one's right."
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