Cameroon Awaits Landmark Ruling as Akere Muna Challenges President Biya’s Eligibility

Cameroon’s political landscape faces a historic test this Friday, August 22, as the Constitutional Council prepares to hear an unprecedented petition filed by presidential candidate and prominent lawyer, Barrister Akere Tabeng Muna. The petition, lodged just weeks before the October 12 presidential elections, seeks a declaration of ineligibility against incumbent President Paul Biya, citing physical and cognitive incapacity that allegedly undermines his ability to govern independently.

Muna’s petition, grounded in Article 118 of Cameroon’s Electoral Code, asserts that President Biya, now 92 and seeking to extend his 43-year rule, has placed himself in a state of “dependence”—a condition explicitly barred for presidential candidates by the nation’s election laws. Muna points to Biya’s repeated public absences, delegation of core presidential duties, and visible frailty, most notably during the 2022 US-Africa Summit, as evidence of his incapacity to exercise the powers of the presidency without heavy reliance on aides and proxies.

The legal argument draws on both Cameroonian law and comparative jurisprudence, invoking the “mischief rule” from common law to argue that the spirit of Article 118 is to preserve national sovereignty by excluding candidates who are under undue influence or incapable of acting autonomously. Muna’s case alleges that Biya’s chronic medical absences—often for treatment abroad—create a situation where unelected officials and close aides wield real power, turning the presidency into what he calls a “shadow government.”

Muna further cites public admissions from the Minister of Justice, who has described a system plagued by “injunctions, impostures, and intimidation” from those claiming to act on presidential instructions. This, Muna argues, is proof that Biya’s authority has been usurped by a parallel system of governance, violating the principle of separation of powers and democratic transparency.

In a country where the health of the President is typically shrouded in secrecy, Muna’s petition boldly asks the Constitutional Council to order either President Biya’s personal appearance to ascertain his fitness for office or the submission of a comprehensive medical report compiled by independent experts.

Should the Council find Biya ineligible, Muna points to Article 128 of the Electoral Code, which allows the ruling party to nominate a replacement within three days, ensuring that the electoral process can continue without disruption.

This legal challenge has gripped the nation, with many Cameroonians watching anxiously. The outcome could reshape the country’s political trajectory, setting a precedent for the application of constitutional checks on executive power. For the first time in Cameroon’s modern history, a sitting president’s eligibility is being publicly tested before the highest court, with the potential to influence not just this election, but the very nature of presidential accountability in the years to come.

All eyes now turn to the Constitutional Council, as Cameroon waits to see whether the rule of law will prevail over tradition and political inertia.

Project C Communications Team