| Cameroun, Conseil constitutionnel, 19 décembre 2019, 26/SRCER/G/SG/CC/2019

RULING N° 26/SRCER/G/SG/CC/2019 OF 19” DECEMBER 2019 Between:
AN BK (CPDM)
2.ABE MICHAEL NDRA.….PETITIONERS
AND
1) A AZ BCBM)
2) NADP
3) GAJI ABUBAKAR
4) BA Ak AH AV
The AI Ba,
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 Af 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 Af 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 ABE MICHAEL NDRA;
Upon listening to the report of Ad BL AL BG, the Rapporteur;
Considering that this ruling is founded on a petition dated 11/12/2019, filed on the
12/12/2019, and registered under n° 046/SRCER/SG/CC at the Registry of the
Af Av of this Ag Ba, wherein one Mr ABE Ao AY, a candidate of the CPDM for Ai Ay AR AT AI (AKO-
MISAJE) for the Aj 9, 2020 Legislative Elections seized the Constitutional
Council for the disqualification of the list of the NADP Party in X AR
AT AI (AKO-MISAJE) for the Aj 9, 2020 Legislative Elections by virtue of section 151 (3) of the Electoral Code;
Considering that the petition is couched thus:
“BEFORE THE CONSTITUTIONAL COUNCIL
HOLDEN AT YAOUNDE
AZ BE’S AN BK (CPDM)
ABE MICHAEL NDRA —eccccccec000. PETITIONER
AND
A AZ BCBM)
AW
AU BB
BA Ak AH —eccoceccccacecncacnceccncaceccnc0c0000 RESPONDENTS
PETITION FOR THE DISQUALIFICATION OF THE LIST OF THE NADP PARTY IN X AR 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. 2021/017 OF 215"
DECEMBER 2012.
MAY IT PLEASE YOUR LORDSHIPS I, Mr. ABE MICHAEL, candidate of the AZ BE's AN BK (CPDM) from the Ai Ay AR AT AI (AKO-MISAJE) for the Aj 9” 2020 Legislative Elections is the petitioner before this Honourable Constitutional Council.
Your Lordships, I ask that this Honourable Constitutional Council should disqualify the NADP list validated by A AZ BCBM) in our 214 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. It shall also take into consideration gender aspects.”
Your Lordships, a close look at the persons in the list submitted by the NADP, to wit, GAJI ABUBAKAR (substantive candidate) and BA Ak AH
(alternate candidate), reveals that they are exclusively of male gender.
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 MICHAEL, candidate of the AZ BE's AN BK (CPDM) and the CPDM party, is hereby requesting the disqualification of the NADP list on the basis of the manifest and flagrant violation of the spirit and letter of our subsisting electoral law.
AS AO
Ap, 11” day of December 2019
ABE MICHAEL NDRA”;
Considering that the Respondents were duly served with the petition as required by law and they waived their rights to reply accorded them by Section 133(3) of the Electoral Code;
Considering that this left this Ag Ba to base its findings on the admissibility and merits of the petition only on the wordings ex facie the petition;
On the admissibility
Considering that for a petition pertaining to the election of Members of Parliament to be admissible, the mandatory provisions of Section 129 of the Electoral Code must be fulfilled;
Considering that Section 129 of the Electoral Code further 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 AZ BE’s AN BK (CPDM) for the Ai Ay AR AT AI (AKO-MISAJE) for the Aj 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 there’s a flagrant violation of the
extant provisions of Section 151(3) of the Electoral Code which states:
“Each list shall take into consideration the various sociological components of the constituency. Ît shall also take into consideration gender aspects”,
Considering that the Petitioner says GAJI ABUBAKAR and BA Ak AH respectively substantive and alternate candidates of the NADP for the Ai Ay AR AT AI (AKO-MISAJE) for the Aj 9th 2020 Legislative Elections are exclusively of the male gender. Grounds on which he urges this Ag Ba to disqualify the list for violating the gender aspect of the constituency;
Considering that Section 130(4) of the Electoral Code obliges the Petitioner to
tender proof of his allegation 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 though the Petitioner has not tendered any document to support his allegations before this Council, the facts alleged are obvious given that gender of a
human being requires no further proof. He has thus met the mandatory provisions of
Section 130(4) of the Electoral Code ubi supra;
Considering that his allegation is therefore founded, and the list of the NADP
with GAJI ABUBAKAR and BA Ak AH respectively substantive and alternate candidates of the party for the Ai Ay AR AT AI
(AKO-MISAJE) for the Aj 9th 2020 Legislative Elections accepted by the Ah Ax is hereby disqualified for failing to fulfill the extant mandatory
provisions of 151(3) of the Electoral Code. The list should be struck off the final list of candidates to contest for the Aj 9th 2020 Legislative Elections in the Ai
Ay AR AT AI (AKO-MISAJE);
UPON THESE GROUNDS
The Constitutional Council, after a full hearing in open Court on pre-electoral petitions, with the unanimous vote of its Members;
Declares the Petition of ABE MICHAEL NDRA admissible;
Finds the Petition founded on the merits on grounds of non-consideration of the gender aspect of the constituency;
Disqualifies the list of NADP party bearing GAJI ABUBAKAR and BA Ak AH as substantive and alternate candidates respectively for the Aj Oth 2020 Legislative Elections in the Ai Ay AR AT AI (AKO-MISAJE) accepted by the Ah Ax;
Orders that the said list be struck off the final list of candidates to contest for the Elections ubi supra;
Orders service forthwith of this Ruling to the Ah Ax 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:
Y Z Ac
Ad BL AM
An Ae B AK
Bb BD
Mrs: As Ar BJ
Messrs:
Aw Aa AJ BH
BI AQ
At Au AP
Al AG Councillors/Members
And with the assistance of Mr. HAMADJODA, Interim Registrar-In-Chief and Mrs Am Aq BF épouse Ab BN, Registrar-In- Attendance;
In the presence of Mr. An AX C, Secretary-General.
In witness whereof, this present Ruling has been signed by the President, the Secretary-General and countersigned by the Registrar-In-Chief.