Constitutional and statutory safeguards for fair trial and justice under Cameroonian legal system: A legal appraisal

Abstract

The safeguard for fair trail and justice is the bedrock for preventing the abuse of the rights of litigants in criminal adjudication. The Right to Fair Trial and Justice is a Fundamental Human Right embedded in a plethora of international instruments and national legislations. Without safeguard for fair trial and justice, trust in the judiciary and the rule of law collapses. This paper aims principally at analyzing the law rather than criticizing it. That notwithstanding, shortcomings and ambiguities in the laws are fairly raised. The paper is, therefore, not restricted to the exposition of the law – whereas necessary, has equally highlighted modern values, principles, and procedural rules to permit the understanding of the lacunae and ambiguities in Cameroon’s procedural laws, and for the law marker to find solutions to these shortcomings and incongruities. This is purposefully done so as to grasp a holistic picture of the subject matter, view the Cameroonian constitutional and procedural laws from a wider perspective and make a theoretical and practical analysis of criminal issues. The paper reveals that, though the Cameroonian legal system recognizes the various safeguard measures for fair trail and justice, there is ineffective implementation, high rate of bribery and corruption and non-respect of the principle of Separation of Powers with constant interference of the executive arm of Government in the Judiciary. As a mithridate against this seemingly deplorable situation, it is recommended that an effective follow-up and better living standard be encouraged by the Cameroon government.