Saturday, March 21, 2015

French Language In Common Law Courts saga Heats Up, Lawyers Bent On Grounding Courts If…



By Ignatius Nji 


Common lawyers in the North West Region after being denied access to hold a pressing meeting at the court premises to address the issue of submission in French in the Courts of Anglophone Regions, the learned men of the law sought access at the Presbyterian Church hall Ntamulung on Monday 9 2015. The meeting convened by the President of North West Lawyers’ association NOWELA, Barrister Fon Robert Nso and resolved to stand their grounds and ensure that the language of submissions in Courts in the North West and South West has been in English and shall remain in English. This strange phenomenon as introduced by the Attorney General of the North West His Lordship Abah Ngoh saying the country is bilingual warranting any of the two languages to be used.
According to NOWELA President this meeting was in respond to a second semester meeting that was held at the legal department with resolutions to have any sitting Magistrate decide on which language to use in court for submission and prosecution. It is on this light that Common Law lawyers shall not see that happen in any where in the Courts given that the Bi-jurial nature of the country be respected. The Lawyers are said to have put strategies to make sure that the language in the court rooms in the North West and South West remains English because of our past. Barrister Fon Robert  Nso narrated that the Attorney General had told them (common Lawyers) that they should not thinking about the colonial past and forge ahead because this was a new dawn. The learned barrister rather see the new dawn in interpreting the law properly and that the constitution of Cameroon gives them the latitude to consider the fact whether actually the union of the French speaking Cameroon and the English speaking Cameroon is legally justified. As narrated by a Senior Advocate Barrister Amazi Anthony, that it should  be recalled that in 1985 Mr. Andre Ngongang Wayi, the minister of Justice at the time made same utterances on French language use in Bamenda and was sacked from government while still on his way to Buea to assert the same stance.  On a personal opinion Barrister Fon Robert Nso holds that the union is not legally justified. To him, one can not put nothing on nothing and expect something and that the foundation of this country is not strong enough to hold this union. Beginning Tuesday March 10 Lawyers are going to be vigilant going by the President’s words, any submission in French would meet with resistance be it from the Attorney General or any other magistrate.
To Barrister Henry Kemende representing the Bar Council in the North West Region, he says the issue is a real problem and most be address at a Bar Council meeting soonest for a part can not be in pains and is look low upon. He reiterated that bilingualism is a fact which does not in any where denying the rights of monolinguals. Submissions in Courts of the North West and South West have always been in English given that 90% of the population are English orientated and understands nothing spoken in French. The introduction of this notion of submissions in French is a dangerous move to punish people who are not bilingual and what has been hampering growth in the country has been the false impression that one understands the other when they speak in either of the languages.
Another level headed man of letters Barrister Benjamin Suh Fuh took this reporter memory lane tracing the root cause of all this problem of language use. He said it all started in Versailles in 1919 when the partition of Africa had rose it peak and France was already in Chad, Central Africa and Gabon and Britain was in Nigeria with part of Cameroonians. Coming back together meant to different judicial and language cultures. The common law and the Civil law system came to function independently of the other and which can not be harmonized in anyway. To him if the Germans were our colonial masters, the country won’t have had the problem of bilingualism. He went further to question even the referendum at the time saying those championing at the time used blanket terms to declare that the two had voted to come together. To him the population of the Southern Cameroonians was not known so come that they could determine the choice of the people at the polls when not everybody had been contacted. He challenged the powers that be to bring forth that result and prove whether it ties with the population of southern Cameroonians at the time or better still conduct another referendum today on the same subject and get the true reflection of the people. If this issue of the use of French language in Court during submissions should be reverse or would be considered as tacit plans hatched long ago to assimilate the Common Law system.

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