Introduction

Cameroon or “Africa in miniature” is an interesting case study when talking about countries with particular histories and features. For example, Cameroon has a bi-jurial system, meaning both the common and civil law systems are applicable in this beautiful central African Country. Why is it so? One may ask. Well, it all stems from Cameroon’s colonial History.

Brief History of Cameroon 

The 1880s in Africa were characterised by the presence of Missionaries and explorers. Their presence and discoveries then led to the “scramble for Africa” during which European countries annexed African territories. Cameroon was annexed by Germany during this period, and the latter lost this territory after its defeat in the First World War. France and Britain then took over the territory, with France occupying the lion’s share (4/5th) and Britain, the rest (1/5th). Britain chose to administer her share of the territory as part of Nigeria for a plethora of reasons. When the time came, under the trusteeship system, for the countries responsible for their allotted territory to walk the latter towards independence, they did so by helping them to build basic institutions in a country which include the executive, the legislative, and judiciary. As a result of this history, Cameroon has kept the influence of these countries in the system of government, education, and the judiciary without forgetting the fact that Cameroon’s national languages which are French and English stem from this.

The Cameroon Judicial System In Brief

The judicial system in Cameroon is made up of norms amongst which are constitutions, conventions, laws, ordinances and decrees, and finally customs and traditions. In the Cameroonian bloc of legality (local laws) we can find the influences of the French and British Judicial systems as follows:

• Eight regions namely, the far north, the north, the Adamawa, the east, the west, the littoral, the centre, and the south are under the civil law system, which was heavily influenced by the Napoleonic code or the civil code. They depend on the civil code for civil matters such as probate, matrimonial affairs, and land issues amongst others.
• Two regions namely the southwest and the northwest are under the common law system which draws its source from the English system of laws. This is mainly based on the principles of common law, equity, and case law. They depend on such for family affairs, succession, and management of immovable and movable assets. 

Harmonisation of the Civil and Common Law Systems in Cameroon

Now some aspects of the law have been harmonised and are thus applied on the entire territory: the penal code, criminal procedure, labour law, judicial organisation, military code, and civil procedure alongside duly ratified treaties and ordinances/ decrees. Keeping in mind that according to the Pure theory of law, duly ratified treaties shall take precedence over national laws given that these are not unconstitutional as backed up by Article 45 of the Cameroonian Constitution which states that;

“Duly approved or ratified treaties and international agreements shall, following their publication, override national laws provided the other party implements the said treaty or agreement” agreement ”.

Conclusion 

The Cameroonian Civil and common law systems originated from the colonial history of the territory and apply to different sectors of life and of the law, depending on the geographical location one finds oneself in. Nonetheless, some areas of the law have been harmonised to further consolidate unity in the country. To conclude, it will be good to say that the complex and unique nature of Cameroon does not only rely on its judicial system but also its diversity when it comes to the population, Ethnicity, fauna, and flora. Cameroon is slowly but surely moving towards the harmonisation of laws on the territory to reinforce the unified and indivisible nature of this territory.