Conseil Constitutionnel Cameroun: Silence Biya, Vacance du Pouvoir

• President Paul Biya has been absent from public view for several weeks, sparking concerns about his health and the implications for Cameroon's institutions.
• The Constitution provides for a Vice-President to complete the president's term in case of a vacancy, but the law governing the Constitutional Council does not specify who should initiate proceedings if there is no Vice-President.
• Lawyer Paul Stéphane Menounga has lodged a complaint with the Constitutional Council, highlighting the institutional incongruity and potential consequences for Cameroon's institutions.
• The situation raises questions about the stability of Cameroon's institutions and the need for a clear constitutional framework to address vacancies in key positions.

an ambiguity in such matters can produce considerable political and institutional consequences

The prolonged absence of President Paul Biya has sparked a constitutional conundrum in Cameroon. The country's Constitution, which has been in place for over four decades, is being tested by the lack of a Vice-President. According to Article 6, Section 5 of the Constitution, the Vice-President is responsible for completing the president's term in case of a vacancy. However, the law governing the Constitutional Council does not provide clear guidance on who should initiate proceedings if there is no Vice-President. This ambiguity has significant implications for Cameroon's institutions and could lead to a constitutional crisis.

The issue at hand revolves around Article 38, Section 3 of the law governing the Constitutional Council, which states that the council is summoned by the Vice-President in case of a definitive impediment. However, this provision assumes the existence of a Vice-President, leaving a gaping hole when there is no one to fill the role. The Constitution itself acknowledges the possibility of a vacancy in the Vice-Presidency (Article 6, Section 5), but it does not provide a clear mechanism for addressing such a situation. This oversight has been seized upon by lawyer Paul Stéphane Menounga, who has lodged a complaint with the Constitutional Council, highlighting the institutional incongruity.

The absence of a Vice-President in Cameroon has significant implications for the country's institutions. The silence surrounding President Biya's prolonged absence has created an environment of uncertainty, which could have far-reaching consequences. As lawyer Paul Stéphane Menounga warned, 'an ambiguity in such matters can produce considerable political and institutional consequences.' The situation highlights the need for a clear constitutional framework to address vacancies in key positions. If left unaddressed, this issue could lead to a constitutional crisis, undermining the stability of Cameroon's institutions.

Lawyers should watch for potential constitutional crisis in Cameroon as the absence of a Vice-President could lead to ambiguity and consequences for the country's institutions.

Source: Original reporting via Cameroun News