The lawyer and leader of a political party gives his point of view on the growing public debate in Cameroon about the prolonged absence of President Paul Biya from Cameroonian territory.
51 days after leaving the Cameroonian capital, President Paul Biya remains out of the country. The head of state remains silent on the date of his return to Cameroon, sparking a heated debate about the vacancy of the presidency of the Republic. While the RDPC, the ruling party, rejects all arguments supporting the opening of the vacancy, Me Christian Bomo Ntimbane revisits the subject with even more legal arguments.
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In an opinion piece, the lawyer argues that the Constitutional Council can legally declare the vacancy due to resignation. Resignation being one of the constitutional grounds for opening the vacancy, the legal expert explains that it materializes as abandonment of post without legitimate reason. On this, the communication from the Civil Cabinet indicates that the head of state is in Europe for a private stay different from a trip for professional or business reasons. Due to the prolonged absence from his workplace, which is Yaoundé, for more than 50 days already, he can be considered as having resigned, like civil servants suspected of having abandoned their posts.
According to the lawyer, the Constitutional Council can thus base itself on the unjustified absence to declare the vacancy of the presidency of the Republic. In his argument, Christian Bomo Ntimbane also cites the “laconic” statement from the Civil Cabinet which does not specify the exact location where the president is staying. Consequently, the jurist argues that the head of state is not working officially, automatically calling into question the argument of signing decrees. He is absent from his official workplace, which is Yaoundé. He is on a private stay, a reason that no law provides to justify his absence. For these reasons, the executive president of the Heritage party, as he presents himself, believes that the council of elders can declare the resignation of the president of the Republic.
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This point of view further explores the possibilities by which the vacancy can be declared at the presidency due to the prolonged absence of the president on national territory. Since the texts are not clear on the definitive impediment provided by the constitution and the law provides no limitation on the duration of the president outside the borders, the debate can continue. In the end, it will allow uncovering all the grey areas and, in case of political will, clarifying them by adjusting the texts.
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