Political parties and the courts

Althoug many avenues for the courts to regulate political life in Cameroon through making pronouncements on issues shouting to be resolved remain wide open, the courts are still too condescending with the CPDM in power

By Tazoacha Asonganyi, Yaounde

Political parties usually think that they have the right to do as they wish, since they have the liberty to make their own rules. However, they are constrained to remain within the ambit of the rule of law since they are essentially associations of free citizens. Indeed, a political party is not just a collection of human beings but an assembly of people joined in an agreement on justice and partnership for the common good.

Most of the time, some members of political parties cover their self-interests with pretensions about “protecting” and “saving” the party from “destruction” by “enemies” through “anti-party” activities, which usually mean just anything that is not in the interest of the usurpers! They engage in the naïve practice of always reaching judgment by ignoring external dangers or wishing them away; in hanging to personal, self-serving convictions and outdated ideologies as guides for determining the interests of the party. They are permanently engaged in shadow boxing in matches the shadow is always going to win! In this apocalyptic struggle to preserve/protect the party, rules are stripped of their essence and used in the crusade against “indiscipline”. Not unexpectedly, such illusions easily slide into the settlement of political and social scores in total disregard of the real interests of the party.
Sooner or later, some aggrieved members turn to the courts to test the general understanding and solidity of the rules.
The Peoples Democratic Party (PDP), the party in power in Nigeria that recently dismissed the executive committee of the party in Anambra state was recently ordered by the High Court in Onitsha to reinstate the executive. The party has obliged, declaring that “the mood of the party ... is to respect judicial pronouncements as regards ... our party and we shall continue to do so...PDP as the party in the centre cannot afford to be anti-rule of law...”

The SDF was also reminded recently in Cameroon that it cannot enjoy too much impunity. Last year it removed the provincial executive committee of the West from office and replaced it with a caretaker team. The High Court in Mfoundi recently ordered the executive to be reinstated. In spite of usual equivocation that earns headlines like “Fru Ndi Snubs Court Decision...,” their regular use of the courts to resolve even some internal party matters leaves no doubt that they know the courts have a say in their internal affairs

Although many avenues for the courts to regulate political life in Cameroon through making pronouncements on issues shouting to be resolved remain wide-open, the courts are still too condescending with the CPDM party in power. The confessions in courts by cronies of the party that some of the public money they embezzled went to CPDM coffers would have led the courts to order the return of the funds to the public treasury by the party, especially as the party continues to publish mainly the names of managers of significant amounts of public funds and other resources as their lead campaign people.

Further, it is incredible that although NEO has said among other things that 150 of 361 polling station results in Douala V were falsified before they were transferred to the Council Supervisory Commission during the 2007 twin elections, the court only cancelled the results, instead of establishing the true results using NEO counting sheets, and ensuring that the culprits are identified and punished! This leniency of NEO and the courts towards those who falsify election results can only embolden election riggers, and ridicule the present noises of NEO about punishing those who will fraud during the election reruns. It can only help unpopular politicians to continue to call the shots against the will of the people.

It is the duty of the courts to say what the law is. It is also the duty of the courts to ensure that in the discharge of their duties, nobody is perceived to be above the law; and that equality is not just the preaching of the righteous but a reality in the life of the people