The Legal System in Cameroon

THE LEGAL SYSTEM IN CAMEROON

Cameroon’s Legal System draws heavily on the French and Common Law legal models. The seeds of the French civil law on the lines of the Napoleonic Code alongside the French Language and the French way of life were planted in a major part of Cameroon currently representing 8 of the 10 Regions in Cameroon, by the French, during their colonial role in this part of the country.

Common-Law, alongside the English Language and the English way of life, was introduced in a small part of Cameroon, currently representing 2 of the 10 Regions of Cameroon by the English during their Trusteeship over this part of the country. This was done along the lines of Common Law Legislation that was applicable in the neighbouring English colony of Nigeria. This explains why certain major Acts adopted by Nigeria Legislative organs as well as case law of certain Nigerian jurisdictions is still applicable in this part of Cameroon. The two Regions were historically governed by the English as part of Nigeria and were then commonly referred to as Southern Cameroons. Independent Cameroon thus inherited a Bilingual and Bijural legal system on the lines mentioned above. Without going into any political ramifications it is worth noting here that attempts at harmonizing the two legal systems have often met with a lot of objection and mutual suspicion especially by Cameroonian of English and Common law background. This is because they consider that both the English language and the Common law are being marginalized in the harmonization process. The climax of this discontent was triggered by the promulgation into law by Cameroon of the Treaty to Harmonize Business Law in Africa (OHADA) signed in Port Louis on 17 October 1993. It is worth noting that this Treaty which seeks to Harmonize Business Law in 14 French Speaking African Countries including Cameroon failed to take any consideration of Cameroon’s Peculiar situation, given that both the English language and the Common Law were ignored. Be it as it may, the legal harmonization process in Cameroon continues and has borne fruits both at the national and regional levels. At the national level, Cameroon now has a uniform penal code, Land Law, Employment Law, Criminal Procedure Code etc. Attempts in other areas such as Civil procedures have been unfruitful. At a Regional level, Cameroon now has Uniform Legislation in the following areas: Insurance Law, Maritime Law, Banking Law, Arbitration, Securities, General Commercial Law, Companies and Economic Interest Groups Accounting Regulation etc.

Please feel free to contact our S Ngu for any questions or if you will like him to assist you with anything. His profile and contact details are set out below:

Managing Partner and main contact person:

S Ngu is the Firm’s Managing Partner and contact person. Born in Cameroon on February 4, 1967. Education: Huddersfield University (UK), South Bank University London (UK), Queen Mary and Westfield College – University of London (UK), University of Yaounde (Cameroon). Holds the following qualifications: MSc (Advanced IT), CPE (Law), LLB (Hons), Postgraduate Diploma (IT), PGC (Intellectual Property Law), BL (called to the Cameroon Bar in 1992), Certificate in Intellectual Property (WIPO) etc. Scholar: International Bar Association, United Nations, World Bank, World Intellectual Property Organisation
Author: 

The Golden Gate, NewsLetter, Scholars’ Alumni Group, International Bar Association, Section on Business Law, May 1996;
An Analysis of the Impact of Electronic Commerce on Intellectual Property Rights;
The Protection of Intellectual Property Rights Under the OAPI (African Union); Legal Aspect of Doing Business in Cameroon;
Client Litigation Guide for Cameroon.

Areas of Practice: OHADA Business Law Expert, OAPI Intellectual Property Law Expert (accredited by OAPI), Legal Due Diligence, Information Technology, Electronic Commerce, Environmental Law, Securities, Commercial Law, Investment, Employment Law, Arbitration, Joint venture, Business law, Criminal law etc.