| Cameroun, Conseil constitutionnel, 19 décembre 2019, 10/SRCER/G/SG/CC

RULING No. 10/SRCER/G/SG/CC pa OF 19"" BETWEEN:
-CPDM PS PETITIONERS
-ABE Ar AU
AND
1-ELECAM
2- MINAT
3-UDP RESPONDENTS 4-MBOWE Ah AR
AX AM:
DECEMBER 2019 (Petition for the disqualification of the list of the UDP Party in X AQ AT AI by virtue of Section 151 (3) of Law No. 2012/001 of 19” April 2012 relating to the Electoral Code as amended by Law No. 2012/017 of 21“ December 2012).
The Constitutional Council,
Mindful of the Constitution,
Mindful of law No. 2004/004/ of 21/04/2004/ to lay down the organisation and functioning of the Constitutional Council as amended by law Nos. 2012/ 015 and 2012/016 of 21/12/2012;
Mindful of decree No. 2018/104 of 7/02/2018 to lay down the organisation and functioning of the Bc Af of the Constitutional Council;
Mindful of law No. 2012/001 of 18/04/2012 on the Electoral Code as amended and supplemented by law No. 2012/017 of 21/12/2012;
Mindful of Decree No. 2018/015 of 07/02/2018 appointing the Members of the Constitutional Council;
Mindful of decree No. 2018/106 of 07/02/2018 appointing the President of the Constitutional Council;
Mindful of decree No. 2018/170 of 23/02/2018 appointing the Secretary-General of the Constitutional Council;
Mindful of decree No. 2019/621 of 10/11/2019 convening electors for the February 9, 2020 Legislative and Municipal elections;
Mindful of the petition of Hon. NJONG Evaristus NDIM;
Upon listening to the report of Mrs. AV Ae Av, Councillor/Reporter;
Considering that by a petition dated 12 December 2019, received on the same date and registered under n° 74, ABE Ar AU, candidate of the As Az’s Ai Aq Bg (CPDM) in the special constituency of Donga-Mantung West for the February 9, 2020 Legislative elections, seeks relief for the disqualification of the list of the UDP Party in the special constituency of Donga-Mantung West by virtue of Section 151(3) of Law No. 2012/001 of 19 April 2012 relating to the Electoral Code as amended by Law No. 2012/017 of 21* December 2012.
Considering that the petition in question reads thus:
“PETITION FOR THE DISQUALIFICATION OF THE LIST OF THE UDP PARTY IN X AQ AT AI BY VIRTUE OF SECTION 151 (3) OF LAW NO. 2012/001 OF 19'" APRIL 2012 RELATING TO THE ELECTORAL CODE AS AMENDED BY LAW NO. 2012/017 OF 2159" DECEMBER 2012
“MAY IT PLEASE YOUR LORDSHIPS I, Mr. ABE Ar AU, candidate of the As Az's Ai Aq Bg (CPDM) from the Ab Be West special constituency (AKO-MISAJE) for the February 9" Legislative Elections is the petitioner before this Honourable Constitutional Council.
“Your Lordships, I ask that this Honourable Constitutional Council should disqualify the social Ai Aq (SDF) list validated by Am As AWBF) in our constituency, for flagrantly violating the extant provisions of Section 151(3) of the Electoral code which states emphatically that:
Section 151(3): “Each List shall take into consideration the various sociological components of the constituency concerned. It shall also take into consideration gender aspects”
“Your Lordships, a cursory look at the persons in the list submitted by the UDP, to wit, BA Ah AR (substantive candidate, indigene and resident of Misaje Sub- Division) and Aw AK (alternate candidate, indigene and resident of Misaje Sub-Division), reaveals that both of the candidates are from the same sociological and geographical location.
“This is a serious abnormality and first of the kind in our special constituency, which is made up of two (02) sub- divisions, namely Ako Sub-Division and Misaje Sub- Division.
“Your Lordships, since the inception of the two Sub-Divisions, there has never been a such a situation whereby the substantive and alternate members of Parliament have come from one Sub-Division.
“Your Lordships, such a list was poorly confectioned, and deliberately took two candidates from Misaje Sub-Divivsion, leaving Ako- Sub-Division in the cold.
“In fact, we call on this Honourable Constitutional Council to review the Certificate of Residence that was issued to the said candidates, and submitted to ELECAM.
“Your Lordships, I submit that such a situation is a violation of the electoral law, is incurably bad and should be sanctioned immediately.
“Consequently, Your Lordships, I, Mr. ABE Ar AU, candidate of the As Az's Ai Aq Bg (CPDM) and the CPDM party, is hereby requesting the disqualification of the An Ai Bf (UDP) list on the basis of the manifest and flagrant violation of the spirit and letter of our subsisting electoral law.
“RESPECTFULLY SUBMITTED
“Yaoundé 11” day of December 2019
“SIGNED ABE Ar AU
Considering that none of the Respondents filed a response.
Considering that the petitioner fulfils the conditions laid down in Section 129 of the Electoral Code.
Considering that this petition has been filed in conformity with Section 167 as read with Sections 125, 126, 127, 128, 129, 130 and 131 of Law No. 2012/001 of 19 April 2012 relating to the Electoral code.
ON THE ADMISSIBILITY Considering that by virtue of Section 129 of the Electoral Code, objections or petitions relating to the rejection or the acceptance of candidates, as well as those relating to the colour, initials or emblem adopted by a candidate may be brought before the Constitutional Council by any candidate or political party taking part in the election or any person serving as a Government representative in the said election, within a maximum period of 2(two) days following the publication of the list of candidates.
Considering that from the provisions of the aforementioned section, petitioning the Constitutional Council in electoral disputes relating to the election of Members of Parliament is opened to the above cited persons provided that they file their objections within the time limit provided for by the law.
Considering that, the petitioner being a candidate on the list of the As Az’s Ai Aq Bg (CPDM) in the special constituency of Donga- Mantung West for the February 9, 2020 Legislative elections has the /ocus standi to petition the Constitutional Council in this matter and his petition is admissible.
ON THE SUBSTANCE
Considering that in the petition, ABE Ar AU states that the Al Aj AH BF took a Resolution on the 09* December 2019 accepting the UDP list of candidates for Donga-Mantung West for the February 9, 2020 Legislative Elections despite the failure by the said list to take into consideration sociological components of this special constituency. À copy of the said Resolution is attached to this petition.
Considering that Section 151(3) of the Electoral Code provides that:
“Each list shall take into consideration the various sociological components of the constituency concerned. It shall also take into consideration gender aspects.”
Considering that the Petitioner submits that 4 and 5 Respondents, respectively substantive and alternate candidates of the UDP party list in the said constituency are both indigene and resident of Misaje Sub-Division whereas the special constituency of Donga-Mantung West is made up of 2(two) sub-Divisions, namely Ako Sub-Division and Misaje Sub-Division.
Considering that to throw more light on his argument the Petitioner further urges the Constitutional Council to examine the Certificates of Residence issued to the said candidates and submitted to ELECAM.
Considering that from the analysis of the said certificates of residence and from Resolution No.017/ELECAM/CE of 09% December 2019, relating to the publication of lists of candidates for the election of Members of Parliament set for 9 Ao 2020, it is obvious that the UDP list for X AQ AT AI is exclusively made up candidates from the same sociological and geographical location.
Considering that from the above we do find merits in this petition and propose that the UDP list for Donga-Mantung West in the Ba West Region for the February 9, 2020 Legislative Elections be rejected on ground of failure to comply with Section 151(3) of the Electoral Code.
UPON THESE GROUNDS:
The constitutional Council, after a full hearing in open Court on pre-electoral disputes as final jurisdiction with the unanimous vote of its members;
Declares the action instituted by ABE Ar AP admissible;
Finds merits in the Petition;
Orders the Al Aj AH BF to reject the UDP list for the special constituency of Donga-Mantung West in the Ba West Region for the February 9, 2020 Legislative Elections;
Orders the Public Ak to defray the cost of these proceedings;
Orders service forthwith of this Ruling to the Al Aj AH BF and to all the parties concerned, and its publication in the Official Gazette.
Thus decided and pronounced in open court by the Constitutional Council, the same day, month and year as cited above in the Court Hall of the said Council before the panel:
Mr. Clement ATANGANA, President of the Constitutional Council:
President;
Messrs:
Y Z Ac
Ad BD AN
Ag Ax C AS
Bh AY Mrs: Ae Av AV
Messrs:
Bi Aa A BB
BC B
Ay Bb AO
At AG
COUNCILLORS/MEMBERS
With the assistance of Mr. HAMADJODA, interim Registrar-In-Chief and Mrs. Ap Au AZ épse Bd AJ, Registrar;
In the presence of Mr. AL Ag BE, Secretary-General;
In witness whereof, this present decision has been signed by the President, the Secretary- General and countersigned by the interim Registrar-In-Chief.