The Cameroon Bijural Legal System

The Legal System of Cameroon

Introduction

Cameroon possesses one of the most unique and complex legal systems in Africa. Often described as bijural, the country operates under two distinct legal traditions: the English Common Law and the French Civil Law. This dual system is a direct reflection of Cameroon’s colonial history, shaped by both British and French administration after the defeat of Germany in World War I. The coexistence of these two legal traditions within one sovereign state presents both opportunities and challenges for the development of justice and governance in Cameroon.

Historical Background

Before colonial influence, traditional or customary laws governed the various ethnic groups in Cameroon, regulating family life, land tenure, and community relations. These indigenous systems were oral, flexible, and deeply rooted in local customs and beliefs.

Following Germany’s defeat in 1916, Cameroon was divided between Britain and France under a League of Nations Mandate. The British administered the western part (Southern and Northern Cameroons) under the English Common Law system, while the French governed the eastern part under the French Civil Law system. Upon reunification in 1961, the Federal Republic of Cameroon inherited both legal systems, which have since coexisted in the unified Republic.

Structure of the Legal System

Cameroon’s legal system operates as a bijural structure, meaning it recognizes and applies two distinct legal systems within the same national framework:

The English Common Law System
- Applies mainly in the North West and South West Regions (the Anglophone regions).
- Originates from British legal traditions.
- Emphasizes case law or judicial precedent, meaning that past judicial decisions influence future rulings.
- The system gives judges a more active role in interpreting the law through reasoning and precedent.
- Legal proceedings are more adversarial, with lawyers playing a central role in presenting and defending cases before impartial judges.
The French Civil Law System
- Applies primarily in the eight Francophone regions of Cameroon.
- Derived from the Napoleonic Code and French legal tradition.
- Laws are codified into comprehensive legal texts, and judges play a more inquisitorial role in investigating and determining cases.
- Emphasis is placed on written statutes and codes rather than on judicial precedent.

Judicial Organization

Despite the duality, Cameroon maintains a unitary judiciary under the Ministry of Justice. The judiciary includes:

The Supreme Court, which serves as the highest court in the land, handling appeals and administrative cases.
Courts of Appeal, located in regional capitals, which review decisions from lower courts.
Tribunals of First Instance and High Courts, which handle civil, criminal, and commercial matters.

While the courts follow a unified administrative hierarchy, they apply different legal principles depending on the region and the nature of the case.

Interaction Between the Two Systems

The coexistence of the Common Law and Civil Law traditions has led to a gradual process of harmonization. Certain areas, such as commercial law, criminal law, and corporate regulation, have been unified through national legislation that applies equally across the country. However, other sectors—particularly civil procedure, land law, and family law—remain regionally distinct.

In practice, lawyers and judges in Cameroon often face challenges when cases involve parties or issues from both legal backgrounds. The bilingual and bijural nature of Cameroon’s legal system requires legal practitioners to have a working knowledge of both systems and languages (English and French).

Recent Reforms and Challenges

Efforts have been made to modernize and harmonize Cameroon’s legal framework, particularly in the context of regional integration within organizations like the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA), which promotes uniform business laws across Francophone and Anglophone Africa.

Nonetheless, tensions persist—especially among Anglophone legal practitioners—who have expressed concerns over the marginalization of the Common Law tradition in national institutions and judicial appointments. These concerns have fueled debates about preserving the integrity of Cameroon’s bijural identity while promoting legal unity.

Conclusion

Cameroon’s bijural legal system stands as both a symbol of its rich colonial heritage and a testament to its cultural diversity. While the coexistence of the Common Law and Civil Law systems offers a unique blend of legal traditions, it also requires continuous adaptation, reform, and dialogue to ensure fairness and balance. The future of Cameroon’s legal system depends on how effectively the nation harmonizes these traditions to foster justice, equity, and national cohesion in a unified state.

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