By AYAH Paul ABINE*
It is
now a notorious fact that the Camerounese senate refuses every year to
defend their budget before the national assembly on the pretext that
they are the upper chamber of the House. Unbelievable misconduct by
persons said to be HONOURABLE!
Cameroun is truly at precarious
cross-roads today! Just a timid whirlwind and it could be plunged into
the abyss of fatal chaos. Delicately sustained only by a flimsy legal
string; and having traversed sporadic inroads through to wanton
comportment of riddance, it is as if the present generations have
arrogated to themselves the right to be final…
Cameroun, without
doubt, has never been the bedrock of the rule of law. But things have
dangerously degenerated into the point where even the judiciary appears
to be on the verge of declaring themselves irrelevant! That is of course
only a logical queue-up, subsequent to the shameless breaking of the
law by the very law-makers: the senate trampling underfoot with hollow
majesty the country’s constitution – the fundamental law of the land…
But who can bring their minds to this outrageous conduct of the
so-high? As if they have reversed their much-talked-about “the truth and
the good example (coming) from the top”! Dumping the constitution in
the waste basket in manner most irresponsible!
Could someone
simplify it for the comprehension of our “honourable senators” that
justice begets peace; and that justice is being amenable to the law, or
compulsion to be amenable to the law? Could some learned person inform
the senators that, by the constitution in force, the national assembly
has exclusive jurisdiction to enact the finance law? May I pray some
jurist to teach our senators that their immunity shall be lifted some
day for them to face trial for embezzlement: spending public funds
without proper appropriation by the national assembly?
Let it be
known that the constitution took cognizance that the senate does not
enjoy the full mandate of the people since some senators are appointed.
That is why the passing of the appropriation Bill is within the
exclusive jurisdiction of the national assembly. It is an exception to
the general rule that parliament legislates (the two chambers). Such
exclusiveness is attired in the rule couched in borrowed legal jargon
that “generalibus specialibus non derogant”.
One can state with
some reasonable degree of confidence that it is in superfluity that,
after the national assembly has enacted the finance law, the enactment
is still sent to the senate for reading. This is inconsistent with the
constitution which is unambiguous that the senate does not have
concurrent jurisdiction in the enactment of the finance law.
It
goes without saying then that, by failing to defend their appropriation
before the national assembly, the senate has no approved budget as
required by the constitution, and, therefore, spending what has not been
enacted by the national assembly as per the constitution amounts to the
felony of misappropriation... Let the wheel of fortune continue to
turn!
It shall stop turning some day, perhaps not so far off!
No comments:
Post a Comment