A human rights lawyer has come up with what seems to be a solution to Cameroon’s constitutional crisis after no text was found clearly stating the number of days of absence of the President of the Republic from office that could constitute a vacancy.
Barrister Tamfu Richard has petitioned the Speaker of the National Assembly to declare a possible vacancy in the Presidency of the Republic after Paul Biya, 91, has not been seen in public for 46 days and has missed several major diplomatic appointments.
“I write to you on the above subject as a concerned Cameroonian,considering that you are one of the authorities legally empowered to refer matters to the Constitutional Council,in accordance with Section 47(2) of the 1996 Constitution”,wrote the petitioner.The initiative is based on constitutional provisions and could trigger an official process to declare a vacancy of power, amid growing speculation about the health of the Cameroonian head of state.
According to the law, in the event of a vacancy in the Presidency of the Republic, it is the President of the National Assembly who is the only person authorized to petition the Constitutional Council:
“Article 38 of Law 2004/004 of April 21, 2004, on the organization and functioning of the Constitutional Council:
“The Constitutional Council, petitioned by the President of the National Assembly, after a conforming opinion from the bureau, in the case provided for in Article 6 (4) of the Constitution, declares the vacancy of the Presidency of the Republic. It then decides by a two-thirds majority of its members.”
It is based on this constitutional provision that Me Tamfu Richard, a lawyer at the Cameroon and Nigeria Bar, wrote to Cavaye Yeguie Djibril, President of the National Assembly of Cameroon, requesting him to petition Clément Atangana, President of the Constitutional Council, to declare a vacancy at the top of the state.
In a petition dated 18 October, the legal mind cites the unjustified absence of the President of the Republic from his workplace in Yaoundé, while his Chief of Civil Cabinet wrote on October 8 that he is in “excellent health.”
“Rt. Honourable, I would like to draw your attention to a portion of the press release issued by the Civil Cabinet of the Presidency of the Republic on08th October 2024, which reads:
“The Civil Cabinet of the Presidency of the Republic reassures Cameroonians and the international community of the President’s excellent state of health. The Head of State continues to exercise his duties in Geneva and has not left the city since his visit to Beijing”, wrote Barrister Tamfu.
He expressed concern that the President’s place of work had shifted from Yaounde to Geneva.
“According to the constitution, the President is the Head of State and represents the nation in all public acts. Additionally,Section 1(8) of the 1996 Constitution establishes Yaounde as the capital of the Republic of Cameroon”,he pointed out, an indication that the President’s irregular absence from Yaounde constitutes resignation.
The viewof Barrister Tamfu contrasts sharply with that of the Minister Delegate at the Ministry of Justice, Me Jean de dieu Momo who states that no text indicates that being out of the country for more than 45 days amounts to a vacancy.
Observers, however, question why last week Biya was portrayed as being at work through the signing of three decrees wishing his counterparts well on the celebration of their countries’ national days.
It should be noted that for the first time in the history of Cameroon, a president has been absent from his post for 46 days. He left Cameroon on September 2 and has never returned. No one has seen him in public since September 8, 2024, after missing important diplomatic appointments, which he had confirmed his attendance. These include the United Nations General Assembly, the Francophonie Summit in France, and the Sustainable Development Conference in Hamburg, Germany, where he was also supposed to meet the German Chancellor.
