By Mola Njoh Litumbe
1. Bamenda, capital of the North West Province in Cameroun, has witnessed major political events in recent history. It was the birthplace of the ruling CPDM party in [la Republique du ] Cameroun, as well as that of the SDF, the leading opposition political party. It now seems destined to play host to another major event as the trial of SCNC activists and that of Professor Martin Chia Ateh, for secession, gathers momentum.
2. The Examining Magistrate, Justice Angelina Atabong, in a Commital Order dated 03/04/2007, charges Professor Ateh for advocating secession of the North West and South West Provinces from La Republique du Cameroun, and for attempting to hold a public meeting at the Presbyterian Youth Centre, Azire, without first notifying the administrative authorities. The recorded statements suggest that Professor Ateh denies the first charge, on grounds that legally speaking, Southern Cameroons is not part of the Republic of Cameroon in as much as the legal formalities to consummate the union were not complied with. In the result, he states that as there was no legal marriage between the two countries as required by international law, the parties are, as it were, living in “sin” rather than “in holy matrimony.” Accordingly, since the union is not founded on legality, parties are free to go their separate ways in the event of disagreement. Secession implies breaking away from a legally constituted unit.
3. The facts of the matter are that the country now known as La Republique du Cameroun graduated from the status of a French Administered UN Trust Territory that was granted independence on 1st January 1960 with a seat at the UN in September of the same year. The International convention of the African Union enjoins emerging African states to respect the colonial boundaries inherited at independence. That being the case, the boundaries of La Republique du Cameroun which attained independence on 1st January 1960 are clearly defined under international law, and cannot include the territory known as British Southern Cameroons which, at the material time of La Republique du Cameroon’s independence, was still a UN trust territory administered by Great Britain. For a charge of secession to succeed therefore, the prosecution has to establish that at some time subsequent to 1st January 1960, Southern Cameroons got legally incorporated as an integral part of La Republique du Cameroun.
