Procureur Général Denied Access To Buea Gendarmerie Légion

The Deputy Procureur Général (Attorney General) of the Southwest Region Court of Appeal, Justice Lebong Morfaw épse Chibili, accompanied by members of her legal team, was denied entry to the facility during a scheduled routine inspection of detainee conditions and compliance with judicial police procedures, MMI has learnt.

According to a report published by Akao Manga, the recent incident unfolded publicly and led to visible embarrassment for the senior judicial official, raising critical questions about the enforcement of legal hierarchies and the potential for such occurrences to undermine public confidence in the justice system. 

The report stated that Madam Chibili and her team arrived at the Gendarmerie Legion for a standard oversight visit, aimed at assessing detainee welfare, custody conditions, and adherence to legal standards in judicial police operations. Upon reaching the gate, their vehicle was initially prevented from entering. After disembarking and presenting official identification, the group was still denied access. The stated reason was an ongoing internal sporting and discussion session, with instructions that no entry would be permitted until it concluded.

“Despite repeated explanations of their official capacity and purpose, the situation escalated.” The report added that “A junior officer responsible for gate protocol directed Deputy Procureur Général Justice Chibili and her team to wait outside the gate on the street. When challenged on the inappropriateness of this treatment toward a senior judicial official, the officer responded dismissively, stating that the position of Procureur Général was a matter for her family and irrelevant to him or others.”

Legion’s Colonel Intervenes

As we learnt, the incident dragged on for so long before the Gendarmerie legion colonel intervened.
“This exchange drew attention and risked further escalation, prompting intervention from the legion’s colonel. Only after this involvement was the team permitted to enter the premises.” The report added.

Reacting to the issue, a senior Gendarmerie officer said the Legion maintains internal rules guiding such situations, emphasising that the relationship between the Gendarmerie and the legal department is one of collaboration rather than subordination. However, this perspective does not align fully with the legal framework governing judicial oversight, particularly in matters of access to detention facilities. Instead, the incident exposes potential gaps in the practical application of these rules, resulting in profound disrespect toward the Deputy Procureur Général and a delay in essential oversight functions.

Cameroonian legislation clearly establishes the primacy of judicial authority over law enforcement facilities, including those of the Gendarmerie Nationale, particularly in judicial police functions. While operational collaboration is encouraged, the legal structure imposes subordination to the Ministère Public in investigative and oversight contexts. The incident directly contravenes provisions designed to ensure unhindered access for prosecutorial oversight.

“The cornerstone is Loi n° 2005/007 du 27 juillet 2005 portant Code de Procédure Pénale (CPP), particularly Article 137(2), which states: “Le Procureur de la République peut pénétrer à tout moment dans les locaux de la police ou de la gendarmerie pour contrôler la garde à vue.” This grants the Procureur de la République—and by hierarchy, the Deputy Procureur Général—immediate and unrestricted entry to police or Gendarmerie sites to monitor custody. The routine nature of the visit aligns precisely with this mandate, and any denial constitutes an obstruction of judicial duties, potentially leading to sanctions for impeding official functions or facilitating non-compliance with detention standards.” Akao Manga explains.

“Supporting this are Gendarmerie-specific regulations. Décret n° 2001/181 du 25 juillet 2001 portant organisation de la Gendarmerie Nationale places judicial police operations under the authority of the Minister of Justice (Article 3), requiring Gendarmerie personnel, as Officiers de Police Judiciaire, to adhere strictly to prosecutorial directives. Similarly, Décret n° 60/280 du 31 décembre 1960 portant sur le service de la Gendarmerie Nationale emphasizes direct and prompt cooperation with magistrates, including immediate response to requisitions (Article 42) and notifications regarding custody matters (Articles 29 and 56). These texts mandate facilitation of judicial access, with no allowances for temporary exclusions based on internal activities.” He added.

Buea Incident: One Too Many

The recent incident in Buea is said not to be in isolation. There are reports of a similar episode, especially the one that involved former Procureur Général Justice Fonachu, who was reportedly blocked by a police officer in Douala while en route to the airport via the flyover bridge. Upon identifying herself and asserting her authority, she faced not only obstruction but also verbal insults, with the officer allegedly retorting, “Procureur as what?” The matter escalated administratively, leading to the officer’s indictment. However, in a gesture of reconciliation, Procureur Général Fonachu later forgave the offender, allowing the process to conclude without further escalation.  MMI can independently confirm this claim. The Buea case underscores a pattern of junior law enforcement personnel disregarding the stature of high-ranking judicial officials, potentially eroding the collaborative framework intended to support effective governance.