Guardians of Justice (NGO) and Judge Tatsi are hosting an informative Video MP4 podcast that delves into the operation of Habeas Corpus and the complexities surrounding illegal detention. The discussion will cover critical scenarios, including instances where a trial court has granted bail, ordered a discharge, or acquitted an accused individual.

In such a situation, the applicant may have recourse to the High Court for an order of Habeas Corpus and or apply to the commission of civil compensation of monetary damage attached to the Supreme Court (237CPC) for violations under Sections 236 and 237 of the Criminal Procedure Code. This concerns detentions by the state counsel, the judicial police officers and the decisions of the examining Magistrate.

However, where the legal department of the Court of Appeal fails to implement the release order granting bail or to follow the acquittal of the appellant, the Supreme Court’s commission has no jurisdiction. The only recourse is to serve the release order through a bailiff action, with proof of service on the procureur general’s office, and thereafter seize the minister of justice and/or the guarantor of the independence of the bench and the judiciary.

An application for habeas corpus in Book VI under Section 584 of the Criminal Procedure Code in Cameroon is a specific legal remedy designed to address unlawful arrest or detention. This application is heard by the President of the High Court of the place where the individual was arrested or detained, or by any other judge of that court.

The grounds for such an application include the illegality of the arrest or detention itself, or a failure to adhere to the proper legal formalities during the arrest or detention.

It also extends to applications challenging administrative measures that result in remand.

Anyone, whether the person arrested or detained, or another individual or counsel acting on their behalf, can file this application. It must be submitted as an unstamped application, supported by an affidavit sworn to at the registry of the High Court that clearly states the identity of the applicant and, if applicable, the detained person, the exact location of the arrest or detention, and a precise summary of the facts or reasons that constitute the alleged illegality.

Procedurally, the application is prepared in four copies, addressed to the President of the High Court, and then filed in the registry of that court.

Upon receiving the application, the President issues an order for the custodian of the detained person to produce them on a specified day and time, along with all documents authorising the arrest or detention. A copy of both the application, affidavit and this order is also sent to the Legal Department for review and submission.

Hence, the applicant files an affidavit sworn before the registry of the High Court, whereas the legal department files only submissions, each containing the reasons or grounds for the application or submission in accordance with section 7 of the Judicial Organisation Law and Section 585CPC.

The application document may include reasons such as legal arguments, making legal and factual conclusions, stating facts, citing cases, and engaging in academic discourse if that is your passion. Section 584 (1) & (2) CPC states that the application should relate to applications for immediate release based on grounds of illegality of arrest or detention or failure to observe the formalities as provided by law and show that the president of the High Court has jurisdiction to hear the matter. These are all issues of law to be raised and argued in the application.

Under Section 588CPC, the procedure is extended to apply to measures of deprivation of liberty taken against any person who has been acquitted, discharged or released by an ordinary court of law or by a special tribunal. These are more issues of law to be submitted, justified, and addressed in the application.

Still, the bottom line under Section 585CPC is that the applicant and in a fit case the person detained must be identified, the place of arrest or detention must be stated, and the precise summary of facts constituting the alleged illegality must be noted in the sworn affidavit appropriately to justify the remedy sought in the application and/or to be denied by the reasons stated in the submission of the legal department.

In habeas corpus matters, the applicant will have two documents: one, he application to the President of the High Court, to which is attached and (2) the affidavit document of sworn three issues of facts.

Thanks.

Justice, Dr Tatsi, CA, Buea