Rule of Law, Justice and Public Accountability
This domain tests the meaning of the rule of law (Etat de droit), the hierarchy of norms, the court structure and the institutions that hold public officials to account.
What the rule of law means
Everyone, citizens and officials alike, is bound by law, and public power is exercised only on a legal basis. Key elements: supremacy of the Constitution, a hierarchy of norms, legality of administrative action, separation of powers, an independent judiciary, equal access to justice, and non-retroactive and clearly defined criminal law.
The hierarchy runs: Constitution, then duly approved and ratified treaties (Article 45), then laws, then regulations such as decrees and arretes, then individual administrative acts. An unlawful decree or administrative act can be annulled by the Administrative Court through an action for excess of power.
The court system
Courts of First Instance and High Courts, with customary and Alkali courts for matters under customary law; one Court of Appeal per region; the Supreme Court in Yaounde, sitting in a Judicial Bench, an Administrative Bench and an Audit Bench. Criminal procedure is governed by Law No. 2005/007: police custody (garde a vue) lasts 48 hours and can be extended only on the written authorisation of the State Counsel.
Accountability institutions
CONAC (National Anti-Corruption Commission, created in 2006) investigates corruption; ANIF tracks suspicious financial flows; the Audit Bench of the Supreme Court examines public accounts; the Inspectorate General of Services and the public contracts regulator oversee spending. The Special Criminal Court, created by Law No. 2011/028, tries misappropriation of large sums of public funds, and prosecutions since 2006 under Operation Sparrowhawk have targeted senior officials.
Worked example
A civil servant is accused of diverting 150 million FCFA of ministry funds. Which court? Not the ordinary High Court and not the Constitutional Council: the Special Criminal Court has jurisdiction over misappropriation of public funds above the statutory threshold, with appeal to the Supreme Court.
Traps
Confusing judicial review of administrative acts (Administrative Court) with constitutional review (Constitutional Council). Assuming the Constitutional Council decides council election disputes. Forgetting that ratified treaties bind the State and rank above domestic statutes under Article 45, subject to reciprocity.