| Cameroun, Conseil constitutionnel, 19 décembre 2019, 13/SRCER/G/SG/CC/2019

RULING N° 13/SRCER/G/SG/CC/2019 OF 19” DECEMBER 2019 Between:
1.SOCIAL DEMOCRATICFRONT (SDF) ' ps PETITIONERS
2.PAUL NJI TUMASANG
AND
1) ELECTIONS CAMEROON (ELECAM)
2) CAMEROON PEOPLE’S DEMOCRATIC
RESPONDENTS
MOVEMENT (CPDM)
3) AR Ai C
The Af Bb,
Mindful of the Constitution;
Mindful of law n° 2004/004 of 21/04/2004 to lay down the organization and functioning of the Constitutional Council, as amended by law n° 2012/015 of 21/12/2012;
Mindful of decree n° 2018/104 of 7/02/2018 to lay down the organization and functioning of the Ag Av of the Constitutional Council;
Mindful of decree n° 2018/105 of 7/02/2018 appointing the Members of the Constitutional Council;
Mindful of decree n° 2018/106 of 7/02/2018 appointing the President of the Constitutional Council;
Mindful of decree n° 2018/170 of 23/02/2018 appointing the Ag Av of the Constitutional Council;
Mindful of decree n° 2019/612 of 10/11/2019 to convene the electoral college in view of the election of Members of the National Az;
Mindful of the Petition of PAUL NJI TUMASANG;
Upon listening to the report of Ac BB AK AY, the Rapporteur;
Considering that by a petition dated 11/12/2019, received on the 11/12/2019 and registered under n° 035 SRCER/G/SG/CC, Hon. Paul AV AI, Substantive Candidate for the Legislative Elections of 9/02/2020 on the SDF list for AO AQ, petitioned the Constitutional Council requesting for the disqualification of substantive candidate on the CPDM list for AO AQ in the Ae West Region;
Considering that the petition in question reads thus:
“PETITION AGAINST THE ACCEPTANCE BY THE ELECTORAL BOARD OF ELECTIONS CAMEROON OF THE CPDM LIST OF CANDIDATES FOR AO AQ FOR THE AP 9, 2020 LEGISLATIVE ELECTIONS, ON GROUND OF DISQUALIFICATION OF A CANDIDATE
TO THE CONSTITUTIONAL COUNCIL
YAOUNDE-CAMEROON
May it please the President and Members of the Constitutional Council,
“The SOCIAL AM AS (S.D.F) with head office in Bamenda, P.O Box 490 Bamenda, acting through HON. PAUL NJI TUMASANG, Substantive Candidate for the Legislative Elections of 9/12/2020 on the SDF List for AO AQ, having as Counsel Barristers Suh Fuh Benjamin, Ndangoh Tah Calvin and Nana Wilson Suh, Tel Nos. 678-277-540, 677-458-563 & 677-756-047, has the honour to petition as follows:
That the CPDM List for AO AQ in the Ae West Region contains the name of MR. AR Ai C as a substantive candidate. The said Mr. AR Ai C was convicted by a Court in Douala and sentenced to 6 years imprisonment and the decision had become final thus making him not qualified as an Elector. A copy of the final decision of the Al Ak shall be presented subsequently.
Sections 156, 165 and 47 of Law No. 2012/001 of 19 April 2012 relating to the Electoral Code provide as follows:
Section 156: “Any Ao citizen, of either sex, who enjoys the right to vote and is entered on electoral registers, is aged 23 (twenty-three) years at the date of the election can read and write English or French can be nominated as a candidate for election to the National Az”.
Section_165: “The nomination paper shall include for each candidate, substantive or alternate:
(a) a copy of his birth certificate, not more than 3 (three)months old;
(b) a certificate of nationality;
(c) a criminal record (Bulletin No. 3), not more than three months old;
(d)a declaration by which the substantive or alternate candidate testifies, on his honour, that his name appears only on that list and that he is not the object of any of the disqualifications provided for by this law;
(e) a tax certificate or a tax exemption certificate;
(P) an attestation of registration on electoral registers;
(2) the original receipt of payment of deposit;
(h)an attestation by which the political party sponsors the person as candidate”.
“Section 47: “Whoever:
(a) has been convicted of a felony, even by default;
(b)has been sentenced to a term of imprisonment, without suspension, of more than 3 (three) months;
(c) has been sentenced to a term of imprisonment, accompanied by suspension of sentence or probation, of more than 6 (six) months;
(d)is the subject of a warrant of arrest;
(e)is an un-discharged bankrupt who has been so adjudged either by a Ao court or a foreign judgment enforceable in Cameroon;
(f) is insane or of unsound mind,
shall not be entered on the electoral register”.
“From the foregoing the SOCIAL AM AS (SDF) urges the Constitutional Council to;
- Hold 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 and to consequently declare same ADMISSIBLE;
- Find merits in the petition and reject the CPDM List for AO AQ in the Ae West Region for the 9/2/2020 Legislative Elections on ground of disqualification of the substantive candidate on the said list.
With Profound Respect.
DONE IN YAOUNDE THIS 11"! DAY OF DECEMBER 2019.
Paul NJI TUMASANG”;
Considering that the Respondents were duly served with the petition as required by law and Elections Cameroon waived their rights to reply accorded them by Section 133(3) of the Flectoral Code, Barristers LOUIS GABRIEL EYANGOH and MBITA Blaise of counsel for the CPDM submitted a two page reply to the petition on the 13* day of December 2019 urging this Honourable Council to dismiss the petition;
Considering that the said reply reads thus:
“BEFORE THE CONSTITUTIONAL COUNCIL
HOLDEN AT YAOUNDE
BETWEEN
SOCIAL AM AS (S.D.F)
PAUL NJI TUMASANG PETITIONERS
AND
1. ELECTIONS CAMEROON (ELECAM)
2. CAMEROON PEOPLE DEMOCRATIC MOVEMENT (CPDM)
3. KUMASE SIMON ….…….…..….… RESPONDENT
“RESPONSE OF THE CAMEROONS PEOPLE _DEMOCRATIC MOVEMENT (CPDM) TO PETITION No. 52 RECEIVED ON THE 12/12/2019 AT THE REGISTRY
MAY IT PLEASE YOUR LORDSHIPS the Ao Ab AM Ba (hereinafter CPDM) doth hereby prays Your Lordships to declare inadmissible or ultimatelydismiss the petition of the Social AM AS (S.D.F) and PAUL NJI TUMASANG.
1. The petitioner states bizarrely at the heading of his petition that he is “AGAINST THE ACCEPTANCE BY THE ELECTORAL BOARD OF ELECTIONS CAMEROON OF THE CPDM LIST OF CANDIDATES FOR AO AQ FOR THE AP 9"*, 2020 LEGISLATIVE ELECTIONS, ON GROUND OF DISQUALIFICATION OF A CANDIDATE”.
Thereafter, the petitioner fails woefully to make any specific demand to this Honourable Constitutional Council concerning the allegations raised.
Your Lordships, this petition is so poorly written that it must be declared inadmissible for failing to address the Constitutional Council on any specific demand.
2. Your Lordships, assuming for purposes of wishful arguments that this Honourable Constitutional Council were minded to get into the body of the petition, then we shall further submit that:
The petitioner has provided no cogent and compelling evidence of their allegation that Mr. AR Ai C was convicted by a “Court in Douala”.
From the wordings of the petitioner, there is neither a specification of the kind of Court in Douala that sentenced Mr. AR Ai C, nor is the period when he was sentenced mentioned therein.
Your Lordships, this Honourable Constitutional Council must find that such a petition sparks from a poorly conceived attempt to smear the character of the candidate of the CPDM for AO AQ AR Ai C, so, we urge you to outrightly dismiss the petition.
3. Your Lordships, if by some stroke of imagination, the petitioner produces a concocted court judgment, that Mr. AR Ai C has never been aware of, then this Honourable Constitutional Council must find that it is not a ground to disqualify the candidate.
As for Section 47 cited by the petitioner, there is still the lack of the critical element of the allegation, which is incontrovertible evidence.
Finally, Section 156 cited so clearly by the petitioner comes exclusively under conditions for ineligibility, and not disqualification.
From the above, we urge Your Lordships to dismiss the said petition.
RESPECTFULLY SUBMITTED
Yaounde 13” of December 2019
-MBITA Blaise (Avocat) (é)
-LOUIS GABRIEL EYANGOH (Avocat au Barreau du Cameroun) (é) » ;
On the admissibility
Considering that Section 129 of the Electoral Code states:
“Objections or petitions relating to the rejection or 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 the Petitioner in the instant case is a candidate of the Social AM AS (SDF) for the AO AQ Af for the AP 9th 2020 Legislative Elections and had filed this petition within the ambit of Section 129 of the Electoral Code. There is no doubt that he has fulfilled these provisions, thus, his petition is admissible;
On the merits
Considering that the Petitioner alleges that Mr. AR Ai C substantive candidate of the CPDM for AO AQ Af for the AP 9th 2020 Legislative Elections was convicted by a Court in Douala and sentenced to 6 years imprisonment and the decision had become final thus making him not qualified as an Elector. He cited Sections 156, 165 and 47 of the Electoral Code to support his
Considering that we have perused the petition as well as the reply of the CPDM and have taken keen note of the legal exigencies;
Considering that keeping aside the crux of the legal provisions cited by parties to this matter, Section 130(4) of the Electoral Code obliges the Petitioner to tender proof of his allegations under pain of rejection of his petition;
Considering that in effect, this section states: “Under pain of rejection, petitions shall specify the alleged facts and means”;
Considering that the Petitioner has not tendered any document to support his allegations before this Council and has thus failed to meet the extant mandatory provisions of Section 130(4) of the Flectoral Code ubi supra. His allegation is therefore considered gratia dictum and is consequently rejected for want of evidence;
UPON THESE GROUNDS
The Constitutional Council, after a full hearing in open Court on pre-electoral petitions, with the unanimous vote of its Members;
1. Declares the Petition of Paul NII TUMASANG admissible
2. Rejects the Petition on the merits for lack of evidence
3. Orders service forthwith of this Ruling to the Ap Aj and to the parties concerned, and its publication in the Official Gazette.
Thus decided and pronounced in open Court the same day, month and year as above in the Court Hall of the Constitutional Council.
Mr. Clément ATANGANA,
President;
Messrs:
X Y Ay
Ac BB AL
Ah Ad AH AJ
Bc AW
Mrs: At As AU
Aw Aa A AZ
BA B
Au An BC
Aq Z
Councillors/Members
And with the assistance of Mr. HAMADJODA, Interim Registrar-In- Chief and Mrs Am Ar AX épouse Ax AG, Registrar-In-Attendance;
In the presence of Mr. AT Ah AN, Secretary-General.
In witness whereof, this present Ruling has been signed by the President, the
Secretary-General and countersigned by the Registrar-In-Chief.