Barrister Nico Halle, President of the General Assembly of the Cameroon Bar Association, talks on discussions at last weekend's meeting in Douala.

The President of the Supreme Court recently hammered on judicial errors while opening the 2016 judicial year. What are some of the situations that can lead to judicial errors?

Judicial error can either be deliberate or inadvertent. It can occur because magistrates, lawyers or litigants are not well informed, corrupt or influenced. Tribalism and friendships are also situations that create judicial errors.

It can also be that the documents and information brought before the court are not genuine, or that those who did the investigation did not respect the norms. Money changing hands and adjournments and judgments not delivered based on facts or law are equally situations that create judicial errors. Magistrates and other court officers have been asked to sit up and show integrity. If lawyers must teach others, they must be clean.

And if they must condemn others, they must prove this by their conduct because their actions are better teachers than what they say. People preach good sermons on pulpits, but when it comes to practice, they are wanting. When the Bar executive body receives complaints, they carry out investigations and once established that the accused is guilty, he/she is either warned or suspended etc.

Implementing the Common Law system has always been a problem in Anglophone zones. What should be considered when harmonising laws in Cameroon?

Those in charge of harmonisation should know that we have the Civil Law and the Common Law, which have their specificities. Harmonisation does not mean that you take from the people what they have as their culture and tradition.

It means you bring all those things that are good and make sure that those things that are deeply rooted in people’s tradition and culture are maintained. Civil Law has certain aspects that are specific likewise the Common Law and these should be maintained while areas that are not specific should be harmonised. The role of law and fair trial, for instance, are principles of Common Law.

Lawyers are historically recognised as the voice of the voiceless. Are there constraints in exercising the profession?

Our profession is one that has of recent experienced invasion by charlatans and fake psychopaths. Because of them, lawyers are not respected the way they should. Moreover, corruption has crept into our nation and resources that lawyers ought to use to exercise their profession are not there. But I think with the resolutions, we can fight corruption because it is a crime against humanity and it destroys the foundation of a nation and its people. 

You realise that poverty and unemployment are as a result of corruption. We think that if lawyers sit up and take the front role in the fight against corruption, the situation will be ameliorated for the good of the society because lawyers are human rights defenders. I think lawyers are equal to the task and I am confident because they are intelligent, responsible, peaceful and disciplined. I am proud of the lawyers we have in Cameroon.

Since there are impostors in the profession, what measures are been taken to make sure that the right persons are admitted into the Bar Council?

Before a lawyer is admitted, many aspects are considered. First, during training, they are monitored to make sure they are of high integrity. At the end of training, they are tested. As a matter of fact, they are schooled on the ethics of the profession and the code of conduct that will guide them during practice.

We have well-trained and competent lawyers. I am proud of the quality of lawyers we have, especially now that our training programmes are well structured. The breed of lawyers we will be having is fully equipped to practise the profession with integrity and honour.

Delayed and hurried justice. Is this the case with Cameroon?

Yes. Delay defeats justice. Some cases that are supposed to be heard are often delayed for long because money has changed hands or other things are considered. When you rush a matter in order to get rid of it, it can equally cause a lot of injustice. Either way, a magistrate should use his wit, integrity, learning and discipline to deliver a just and equitable judgement that can be appreciated by everybody.     

You mentioned during the General Assembly that lawyers are not involved in State affairs. Can you throw more light on this?

We should be involved in the socio-cultural, economic and political life of the nation. All human activities have legal implications, thus lawyers should be involved in the drive to build the nation. A lawyer should ensure that there is peace. They should also fight corruption, embezzlement and moral decadence.

We live in a society where youths are involved in homosexuality and cyber criminality; where they consume excess alcohol and harmful drugs. If you must fight moral decadence, you should be morally upright. I therefore call on lawyers to sanitise themselves and the profession in order fight for the collective wellbeing and the growth of a just and equitable society.