Incompetence of State

Of the potential candidates for Cameroon’s 2011 Presidential elections, one is illegal. Amending Article 6(2) of 1996 Constitution in April 2008 could have put Paul Biya’s presidential hopes in constitutional limbo. The issue was first hinted at by Alain Didier Olinga(1) in April. We have pondered on the issue and talked to constitutional experts with the condition of anonymity and these are their arguments.

1 – Paul Biya was sworn in as president of Cameroon in 1997 under the 18 January 1996 constitution that limited presidential mandates to two. Article 6(2) of 1996 Constitutional amendment expressly states that limitation of presidential mandates is not retroactive. As such, when Paul Biya promulgated the reform into law in January 1996, the provision did not apply to him as he was active president. It could only apply to a president who is sworn into office with this limitation in force. Therefore, as of 1997 when Biya was sworn in again his presidential mandates were limited to two.

Eleven years later in 2008, a move initiated by CPDM dominated parliament culminated in a constitutional amendment that removed limitation of consecutive presidential mandates. Unlike in 1996, the new wording omitted retroactivity. If the new provision is not retroactive, then it cannot be applicable to Paul Biya who is active president since 1997.

2 – CPDM militants claim April 14^th 2008 constitutional amendments did not aim at giving Paul Biya limitless presidential mandates. Constitutionally, they got it right. The wording of the new provision on consecutive presidential mandates does not say the law is retroactive.

3 – According to Article 2 of Cameroon Civil code, the law is not retroactive except in situations where the law itself invokes retroactivity.

Biya’s Options.

With the parliamentary obesity that CPDM enjoys in National Assembly, the majority party may yet do another modification aimed at completing April 2008 reform by making the provision of limitless presidential mandates retroactive. The National Assemble may yet present an interpretative law, to clarify its intention when the law was revised in April 2008.

Now “the People’s Call” becomes very interesting. Is it a call for a popular revolt? We throw the question to your appreciation; can president Biya alter the nature of his second presidential mandate while it is still running?

(1)  Alain Didier Olinga was dismissed from the post of Deputy Director of IRIC in 2008 for non-conformist opinions on constitutional reform.