CAMEROON: THE DANGEROUS CONSTITUTIONAL DEAD ZONE

CAMEROON: THE DANGEROUS CONSTITUTIONAL DEAD ZONE

Four constitional questions Cameroon must calmy, legally and urgently confront. (By Dr. David Makongo)

CAMEROON’S CONSTITUTIONAL DEADLOCK: WHO CAN LEGALLY BREAK IT?

Cameroon must confront four constitutional questions calmly, legally and urgently.

1. When did Paul Biya delegate signature to Ferdinand Ngoh Ngoh?

On 5 February 2019, President Paul Biya granted the Secretary-General of the Presidency, Ferdinand Ngoh Ngoh, a permanent delegation of signature. But delegation of signature is not delegation of the Presidency. Ngoh Ngoh can sign within the powers delegated to him; he does not thereby become President or constitutional successor.

2. When can the Presidency be declared vacant?

Under the Constitution, presidential vacancy arises through death, resignation or permanent incapacity duly established by the Constitutional Council. Until one of these constitutional grounds is established, prolonged absence alone does not automatically create a vacancy.

3. How long can this situation continue?

This is the dangerous constitutional grey area. The Constitution provides no automatic deadline after which presidential absence becomes vacancy. Therefore, delegated authority may keep the administration functioning—but it cannot lawfully evolve into an indefinite substitute presidency.

4. Can Parliament step in?

The Senate or National Assembly cannot simply declare another person President. However, Parliament can use its constitutional powers to address any legal gap preventing the constitutional institutions from functioning and provide a lawful mechanism for resolving an institutional deadlock.

THE PEACEFUL WAY FORWARD

Cameroon needs neither a coup nor an unconstitutional succession. If President Biya remains capable of governing, constitutional authority remains with him. If there is credible evidence of permanent incapacity, the constitutional procedure must be activated. If a defect in the law makes that procedure impossible, Parliament must urgently repair the legal gap rather than allow uncertainty to become a system of government.

The international community, particularly the African Union and United Nations, should intervene only where necessary to facilitate dialogue, prevent violence and support constitutional order—not to choose Cameroon’s next President.

CONCLUSION

A delegation of signature can keep government functioning; it cannot replace an elected President indefinitely. Parliament cannot manufacture a President, but it can help repair a constitutional deadlock.

Cameroon must choose the Constitution over improvisation, institutions over individuals, and a peaceful, lawful and legitimate transition over uncertainty, confrontation or force.

The question is no longer simply who is exercising power. The question is: under what constitutional authority, for how long, and who legally acts when that authority can no longer be exercised?

Dr. David Makongo