Cameroon’s Constitutional Provisions on Presidential Vacancy: What Happens When the Presidency Falls Vacant?

For weeks, local and international media have been raising concerns about the health and possible death of President Paul Biya, who has ruled Cameroon since 1982. The 91-year-old has not been seen in public since September 8th 2024. This has been raising increasing concerns about his ability to continue to rule the Central African nation. Although the government has struggled to dispel rumours about the president’s health and some about his death, his continuous absence from the public leaves many Cameroonians wondering what would happen next. Cameroon’s Constitutional provisions and associated legal frameworks establish a definitive process for addressing the absence or vacancy of the presidency, thereby ensuring political continuity and stability.

These provisions are designed to prevent a power vacuum and ensure the proper functioning of the state, whether caused by temporary incapacity or a permanent situation such as death or resignation. As the nation encounters growing political difficulties, grasping the application of these laws, or potential applications, becomes ever more crucial.

Temporary Absence of the President

The 1996 Constitution of Cameroon outlines situations in which the President might be temporarily unavailable or incapacitated, rendering them unable to fulfil the duties of the office. In these instances, the President has the authority to delegate powers to the Prime Minister to act in their stead. The Prime Minister can only carry out specific responsibilities for a limited time, until the President returns to their role.

Temporary delegations provide a practical solution during the President’s brief absences, whether from medical treatment, diplomatic missions, or other circumstances. Should the absence continue or if the President is unable to return to office, additional measures are initiated to avoid an extended leadership void.

This system seems straightforward, but it still needs thorough evaluation in real-world scenarios. Cameroon has a rich history of robust executive power, with few instances of presidents granting authority to the Prime Minister for prolonged durations. This raises questions about the potential efficiency of the process in a real-life scenario that includes a lengthy absence.

Permanent Vacancy: Death, Resignation, or Incapacity

In more serious cases, the Constitution outlines provisions for a permanent vacancy in Article 6, which may occur under the following conditions:

1. Death of the President: The death of the President while in office results in an immediate and permanent vacancy.
2. Resignation: If the President chooses to resign, this action necessitates the process of succession.
3. Permanent Incapacity: Should the President be declared permanently incapacitated—whether as a result of significant health concerns or mental incapacity—a permanent vacancy may be established.

In every instance, the transfer of authority needs to occur promptly. The constitution requires the President of the Senate to assume the role of interim President. If the President of the Senate, who is currently Niat Njifenji Marcel, is unavailable or unable to take office, the Vice President of the Senate will take on the interim role. There are currently five vice presidents in the Senate. His Majesty Aboubakary Abdoulaye, the Lamido of Rey Bouba, is the 1st Vice-President. Behind him are four others: H.M. Nfor Tabetando Ndieb-Nso, Din Bell Marie Armande, Robert Nkili and Mochiggle Vanigangsen

Next Steps

When a permanent vacancy arises, Cameroon must hold new presidential elections within 120 days. The acting president faces limitations on their powers during this interim period—they cannot dissolve the National Assembly or Senate, organise a referendum, or make amendments to the Constitution. The protections ensure that the interim president cannot make significant changes to the nation’s political framework before the elections for a new, legitimately elected leader.

No case has ever fully applied these provisions, despite occasional political speculation. In 2020, during the initial phases of the COVID-19 pandemic, President Paul Biya’s prolonged absence from public appearances sparked rumours and worries regarding his health. The absence of an official declaration of incapacity brought attention to the significance of these provisions and ignited discussions regarding the nation’s readiness for an unexpected presidential vacancy.

The 40/45-Day Rule

In addition to the Constitution, Law No. 92/010 of 17 September 1992 offers a supplementary method for dealing with a presidential vacancy that results from prolonged absence. If the President is absent from the country or unable to perform the duties of office for more than 40 days without adequate reason or notification to the relevant authorities, the National Assembly or the Constitutional Council may declare the presidency vacant.

This legal provision comes into effect when the President does not disclose their location or inability to perform duties for a prolonged duration, potentially leading to a governance crisis. The 45-day rule serves as a standard for determining when an extended absence may warrant the declaration of a permanent vacancy. This provision guarantees that Cameroon possesses a legal framework to avert prolonged absences from resulting in instability.

Although these legal protections exist, the challenge of enforcing them presents a different situation. “The measures in place for addressing a presidential vacancy aim to protect the state from extended periods without leadership, yet the determination to implement these protocols is essential,” said Barrister Michele Ndoki, politician and founder of Les Bâtisseurs de la Nation (The Nation Builders).

“In Cameroon’s highly centralised system, the limitations on executive power often exist more in theory than in practice, but it is that time when Cameroonians are ready to ensure that they take back control of their lives,” she told MMI.

Comparing Cameroon to Other African Countries

The approach to managing presidential vacancies in Cameroon is not distinct within Africa, although the particular methods may vary somewhat from one nation to another. In Nigeria, the Constitution stipulates that the Vice President assumes office in the case of the President’s death or permanent incapacity. This occurred in 2010, following the death of President Umaru Musa Yar’Adua, when Vice President Goodluck Jonathan assumed the role to finish the term.

Preparing for the Inevitable

As rumours of President Paul Biya’s health remain unaddressed, the potential for a power shift becomes inevitable. As one of the longest-reigning heads of state globally, there is increasing enquiries regarding succession and the future of leadership in Cameroon. Demands for increased clarity about the president’s health and possible absence have intensified in recent weeks.

A vacancy declaration could lead to significant political consequences, particularly in a country where one person has maintained power for over four decades.

“Provisions exist to guarantee continuity; however, in a nation like Cameroon, where authority heavily links to a single individual, the transition may prove tumultuous,” political analyst Kingsley Sheteh Newuh told MMI. “The Senate President and the military will encounter significant pressure to ensure a smooth process, but instability remains a genuine concern.”

A Framework for Stability—But Will It Work?

Cameroon’s constitutional framework addresses presidential vacancies effectively, aiming to prevent leadership crises and ensure a smooth transition. The true challenge lies in how to put it into practice. As President Biya’s health remains the key question of discussion among Cameroonians, and with his absence already over 40 days, the chance of a vacancy due to incapacity or absence grows. This raises questions about the effectiveness of the mechanisms that will be used when that moment arrives.

The nation faces rising political pressure and calls for reform, making the constitutional provisions for addressing a presidential vacancy increasingly significant. The way these legal safeguards are employed—or possibly circumvented—will shape the future of governance in Cameroon.

As the transition approaches, Cameroon’s leadership faces a crucial juncture that will test the resilience of its constitutional institutions. The effective enforcement of these mechanisms determines the stability of the country.

Through a comparison of Cameroon’s constitutional provisions with those of other African nations, and by taking into account the historical context and potential political implications, it is clear that although the legal frameworks exist, their effectiveness in addressing real-world challenges will ultimately determine their success. The country’s capacity to uphold stability amid a transition in leadership will attract significant attention, both from within and from the global community.

Mimi Mefo Info – Cameroon’s Constitutional Provisions on Presidential Vacancy: What Happens When the Presidency Falls Vacant? Cameroon’s Constitutional

Tata Mbunwe contributed to this report