EXERPTS
IN THE HIGH COURT OF MEZAM
HOLDEN AT BAMENDA
BEFORE HIS LORDSHIP JUSTICE E. J. AMBO
WITH MRS AGWENJANG AS REGISTRAR-IN-ATTENDANCE
THIS 26TH DAY OF SEPTEMBER 2006
HCB/05606
BETWEEN
SOCIAL DEMOCRATIC FRONT ………………………. PLAINTIFF
AND
HON. PROF. CLEMENT NFORTI NGWASIRI ……………………. DEFENDANT
Plaintiff present; Defendant absent. Sama Francis and Nyah Mageselus for plaintiff. No appearance for defendant.
“REPUBLIC OF CAMEROON”
IN THE NAME OF THE PEOPLE OF CAMEROON
This is an Originating Summons by which the plaintiffs are seeking the following relief:
1. The Construction by the Court of the provisions of the following sections of the statutory Instructions of the plaintiff, namely;
• SS. 2.7(2)’a)’b) and (c), 8.2, 11.2, 16.2 18.1 of the Constitution of the plaintiff.
• Rules 11 and 12.9 of the standing Orders of the National Convention.
• The Plaintiffs’ Constitution generally
2. .The construction of SS 2, 12 (b) and 17 of Law No. 056 of 19/12/9 relating to Political Parties.
And for the Court to answer some questions and make certain declarations.”
After this introduction, the Judge then proceeded to ask questions based on the request of the plaintiff and the defendants competence to have taken the actions he did since 2003 and particularly after the NEC Extraordinary meeting in Douala on 25/02/2006. The Judge takes 15 pages of analysis which will be made available to all as soon as possible, and comes to the following:
“This Court orders as follows:
(1) That the action of the defendant of presiding over a purported NAC meeting on the 13/02/06 when he lacked the capacity to do so, and, his issuing of a Press Release (annexture “E” of the affidavit) and purporting to take over the running of the SDF party, was unconstitutional and thus illegal, and therefore null and void.
(2) That any action of the defendant or his agent(s) and/or sympathisers in the name of the SDF party, after the ruling of this Court in Suit No. HCB/264M/05-06 on the 19/05/06 is illegal and therefore null and void.
(3) That any meeting or gathering orchestrated by the defendant, his agents and/or sympathisers in the name of the SDF party, in violation of this Court’s Ruling of 19/05/06 (supra), and in violation of the banning order of the Yaounde Administrative authority, to wit: Annexture “A” of this further affidavit, is hereby declared null and void.
(4) That Annexture 3D of the further affidavit, to wit/ the document captioned “Resolution du comite NATIONAL du SDF, RESOLUTION DU 27 Mai 2006 Yaounde Sous la Presidence de Me Bernard A. MUNA, President National du SDF" together with whatever meeting or gathering that prepared or issued this document are hereby null and void and of no legal effect.
(5) That Me Bernard A. MUNA is hereby restrained, and ordered to stop forthwith, from parading or holding out himself as the National President or Chairman of the Social Democratic Front Party, as he has done in annexture 3D of the Further Affidavit.
The defendant and Me Bernard A. Muna and any of their agent(s) would be committing a contempt of Court and of the Administration if they persist in their illegalities.
Signed
REGISTRAR-IN-CHIEF PRESIDENT
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