THE JUDICIAL SYSTEM OF CAMEROON

With the change over to a unitary system of Cameroon in 1972 and later to the Republic system
in 1996, it became necessary to set up a less cumbersome and confusing system of courts for
the entire country. Ordinance No 72/04 of 26 August 1972 on Judicial Organisation modified
by law No 2006/015 of 29 December 2006 on Judicial organisation created the following courts
which are classified into two groups, trial courts composed; customary courts, court of first
instance, high court, military court and the lower courts of administration and appellate courts
composed of court of appeal and the supreme court. They function in their various jurisdictions.
In ascending order, they include:
TRIAL COURTS
Customary Courts:
Customary courts have competence in civil matters, customary marriages, inter-tribal conflicts,
polygamous issues, divorce and inheritance. Customary law courts apply the custom of the
parties. They are found in each district of the country, headed by a president. Customary courts
only handle matters up to 69000frs.
Courts of First Instance:
This court is governed by sections 13,14 and 15 of law No 2006/015 of 29 December 2006 on
Judicial organisation. According to section 13 of this law, the court of first instance is found in
every sub-division however for service purposes, its area of jurisdiction may cover several sub-
divisions by decree of the president of the Republic. According to section 13 sub (2), the court
will be situated in the chief town of the sub-division but may hear matters outside its seat. Such
hearings shall be referred to as “circuit courts”. Section 14 of this law lays down the
composition of the court of First Instance; at the bench, there is a president, one or more
magistrates, one registrar in chief and one or more registrars. At the preliminary inquiry, there
are one or more examining magistrates, one or more registrars. At the legal department, a
judicial officer hearing and determining all cases brought to the court. Section 15 of this law
lays down the courts jurisdiction to hear civil, criminal and labour matter and also tries simple
offences and related misdemeanours with damages of fine charged not more than
10.000.000frs.
The High Court
This court is governed by chapter III, sections 16,17 and 18 of law No 2006/015 of 29
December 2006 on Judicial organisation. According to section 16, the High Court is located in
every division however for service purposes, its area of jurisdiction may cover several divisions
by decree of the president of the Republic. According to section 16 sub (2), the court will be
situated in the chief town of the division but may hear matters outside its seat. Such hearings
shall be referred to as “circuit courts”. The composition of the High Court is laid down by
section 17; at the bench, a president, one or more judges, one registrar in chief and one or more
registrars. For the preliminary inquiry, one or more examining magistrates, one or more
registrars. At the legal department, one state counsel, one or more deputy state counsels.
Section 18 of law No 2006/015 of 29 December 2006 on Judicial organisation of the courts
lays down the jurisdiction of the High Court to take on civil, labour and criminal matters not
excluding matters dealing with the status of persons, matrimonial matters, grievous
misdemeanours and felonies. The High Court only deals with cases which have damages of
above 10.000.000frs. Furthermore, the high Court issues prohibitions, mandamus and habeas
corpus; restraining excesses and abuses by public offices.
The Military Court
This court is governed by law No 2008-015 of 2 December 2008 which organises military
justice and lays down rules of procedure applicable before military tribunal. Section 2 of the
law makes Military Tribunals special jurisdiction courts. Section 3 provides that Military Tri-
bunals shall be set up in each Region, but depending on service needs, the Head of State may
by Decree set up more than one tribunal within the same region or extend the area of jurisdic-
tion of a tribunal to several regions. Composition of the military tribunal is governed by sec-
tion 4. The Military Tribunal shall comprise:- At the Bench, a president, one or more Vice
Presidents, two Assessors-In-Chief, one or more Registrars. For Preliminary Inquiry, one or
more Examining Magistrates, one or more Inquiry Registrars. At the Legal Department, a
State Prosecutor, one or more Registrars. Section 7 of law No 2008-015 of 2 December deals
on the competence of the military court. The Military Court has competence amongst others
to carry out trials for theft committed by the use of fire arms, offences committed by military
men in a military establishment or in the exercise of their duties, offences committed by civil-
ians in a military establishment which causes damage to military equipment or to the physical
integrity of a military man, offences relating to the purchase, sale, production or keeping of
military apparels.
Lower courts of administrative litigation: these courts have competent to hear administrative
matters at first instance. (These courts are not yet functional, thus for the time being the
administrative bench of the Supreme Court continues to hear administrative matters at first
instance).
APPELLATE COURTS
The Court of Appeal
This court is governed by chapter IV, sections 19,20, 21, 22 and 23 of law No 2006/015 of 29
December 2006 on Judicial organisation of Courts. According to section 19, the Court of
Appeal is located in every region however for service purposes, its area of jurisdiction may
cover several regions by decree of the president of the Republic. Composition of the Appeal
court is laid down in section 20 of this law. At the bench, a president, one or more vice-
presidents, one or more judges, one registrar in-chief and registrars. At the legal, a procureur
general, one or more advocate general, one or more deputies of the procureur general, one or
more legal assistance at the procureur general’s chambers. The court of appeal shall be
organised into benches and the general assembly. Section 22 of the above law states lays down
the competence of the Appeal court to review cases of customary law courts, the courts of First
Instance, the High Courts and the Military Courts whose primary judgments were considered
unsatisfactory by either of the parties involved, and from reviewing the case, it either passes a
new judgment or maintain the original.
The Supreme Court
The supreme court is governed by law No 2006/016 of 29 December 2006 on the organisation
and functioning of the Supreme Court. There is only one supreme court in Cameroon found in
Yaoundé. The supreme court is composed of; at the bench, a president, bench presidents,
substantive or alternate puisre judges, the registrar in chief of the supreme court, the registrar
in chief of the bench and registrars. At the legal department, a procureur, an advocate general
and deputies to the procureur general. It tries unsatisfactory cases ruled by the court of appeal,
then gives a remedy or sends it back to be retried at the appeal court. It also handles
administrative cases and ensures that judgments of the lower courts are in conformity with the
law, seeing to it that case law is unified and law and customs are rightfully interpreted.
ORGANIGRAM OF THE JUDICIAL SYSTEM

SUPREME COURT

COURT OF APPEAL

CUSTOMARY COURT OF FIRST MILITARY

HIGH COURT
COURT INSTANCE COURT

Reference
http://www.justiceandpeacebamenda.org