The Extent of the Application of English Laws in the Cameroonian Legal System

Abstract

The decisive events which made the introduction of English laws possible in Cameroon were the arrival of European traders, the activities of European missionaries and the introduction of the English legal system by the British Government. The arrival of these Europeans introduced certain new practices and institutions which the traditional laws of the country, particularly customary law could not cope with. Besides, the Europeans themselves were not prepared to be bound by tribal laws since the type of society to which the law and custom was appropriate was totally different from the type of society in which they (Europeans) had been brought up. After the 1st World War, Cameroon ceased to be a German Protectorate following her defeat and was thus administered by Great Britain and France under the League of Nations Mandate and subsequently under the United Nations Trusteeship Agreement. By Article 9 of the Mandate Agreement, the laws of the administering authorities were to be transplanted into Cameroon. Article 9 thus provided the basis and officially marked the beginning of the duality of Western legal systems which the people of Cameroon have since experienced and to which they remain subject to till this day. The Foreign Jurisdiction Act, 1890 was also very important and served as the enabling statute that led to the introduction and observance of English law in Southern Cameroons. The English common law, the doctrines of equity and the statutes of general application which were in force in England on the 1st day of January 1900 were then transplanted in Anglophone Cameroon viz s. 11 of the Southern Cameroons High Court Law, 1955. However, neither the statutes in England on the 1st day of January 1900, nor common law and the doctrines of equity apply in Cameroon without limitations. They are subject to local limits and circumstances. In this 21st Century, the laws of a colonial power particularly the statutes of general application should not apply again to an independent nation like Cameroon and thus should be repealed and replaced with local legislation. The Executive and Legislature should thus ensure compliance while the Government is called upon to hasten and complete the harmonization process of the common law and the civil law in a bid to give the country a unified/uniform legal system.