Cameroun: Fouda Challenges Mounouna Foutsou Mbaïrobé Double Fonctions

• Vincent Sosthène Fouda has written to President Paul Biya, alleging that Mounouna Foutsou and Gabriel Mbaïrobé illegally hold dual ministerial roles in Cameroon.
• These ministers reportedly lead two departments each, including Employment and Vocational Training, and Tourism and Leisure, without formal decrees since the last presidential election.
• Fouda argues this situation violates Articles 10 and 8, paragraph 2, of the Cameroonian Constitution, which govern appointments and ministerial attributions.
• The lack of formal authorization creates legal, administrative, and political vulnerabilities, potentially invalidating official acts and eroding public trust.
• Fouda emphasizes that interim positions are temporary and calls for presidential action to regularize the situation.

The legal flaw suggests that administrative acts signed by these ministers in their dual capacities, particularly outside a properly defined interim period, could be contested, raising serious questions about the validity of administrative decisions.

A prominent political figure and academic, Vincent Sosthène Fouda, has formally addressed President Paul Biya regarding alleged legal irregularities concerning two members of the Cameroonian government. Fouda's communication highlights that Mounouna Foutsou and Gabriel Mbaïrobé have been occupying dual ministerial portfolios without proper legal authorization since the last presidential election, a situation he deems to be in violation of established legal norms.

Specifically, Fouda points out that both Mounouna Foutsou and Gabriel Mbaïrobé are each leading two distinct ministerial departments. These include critical sectors such as the Ministry of Employment and Vocational Training, and the Ministry of Tourism and Leisure. The core of the concern lies in the absence of formal decrees or presidential nominations that would legally sanction these additional responsibilities, leading to a prolonged interim status that lacks official backing.

Fouda's letter meticulously outlines the constitutional and administrative principles allegedly contravened by this arrangement. He references Article 10 of the Cameroonian Constitution, which explicitly grants the President of the Republic the authority to appoint individuals to civil and military positions, thereby implying that all ministerial roles, including additional ones, necessitate a formal presidential nomination. Furthermore, Article 8, paragraph 2, of the Constitution, which empowers the President to define the attributions of government members, suggests that any assignment of a second department to a minister requires a specific decree.

The critique extends to fundamental tenets of Cameroonian administrative law. Fouda, drawing on the teachings of respected legal scholars such as Gabriel Nlep, Magloire Ondoa, and Henri Ntap, as well as international authorities like Hauriou, Duguit, Rivero, Kamto, Wanda, and Wodié, underscores that an interim function is inherently temporary and cannot be construed as a durable delegation of power. These principles emphasize that legality is not merely an option but a foundational condition for the proper functioning and integrity of the state, and that exceptions should not become the rule in governance.

The alleged prolonged interim status of Mounouna Foutsou and Gabriel Mbaïrobé, operating without the necessary formal decrees, is argued to be detrimental to the Republic's foundational principles. Fouda identifies three critical vulnerabilities arising from this situation. Firstly, a significant legal flaw exists, suggesting that administrative acts signed by these ministers in their dual capacities, particularly outside a properly defined interim period, could be contested, raising serious questions about the validity of administrative decisions.

Secondly, an administrative flaw emerges, as the lack of clear, formally decreed responsibilities leads to ambiguity in the chains of command and accountability within the affected ministries. This can hinder efficient governance and create operational uncertainties. Lastly, a political flaw is highlighted, where public opinion may perceive the state as improvising or operating without due adherence to legal procedures, potentially eroding trust in governmental processes. Fouda clarifies that the ministers themselves are not at fault, as they are diligently serving the missions entrusted to them, but rather the absence of formal presidential action. He concludes by urging President Biya to take decisive action to regularize the situation, emphasizing that the Republic cannot be governed by indefinitely prolonged interim arrangements or ministers without formal decrees.

Lawyers and compliance officers in Cameroon should be aware that official acts or decisions from the Ministry of Employment and Vocational Training or the Ministry of Tourism and Leisure, especially those signed by Mounouna Foutsou or Gabriel Mbaïrobé, may be vulnerable to legal challenge. This situation creates uncertainty regarding the validity of administrative decisions and potential compliance risks for entities interacting with these ministries.

Source: Original reporting via Actu Cameroun