Paradigm Shifts in the Judiciary and Punishment of Criminals in Anglophone Cameroon: The Indigenous and Colonial Account

Abstract

Anglophone Cameroon is an area conterminous with the present-day North and South Western Regions of the Republic of Cameroon that were colonized by Britain from 1922-61. It is presently inhabited by about 4 million people emerging from approximately more than 50 tribal units and several clans. These heterogeneous ethnic entities were /are pronged into one by a shared colonial history (German 1884-1916 and British, 1916—61). The former initiated the eradication of pristine judicial and punishment systems within this niche and the latter established a relative dual system based on mutual consent and/or sacrifice. This area has undergone transmutations with changing nomenclatures and configurations in all dimensions with that of the judiciary and punishments of criminals and criminality topping the chart. All of these developments have shaped the habits of the indigenous folks completely eradicating some and repositioning others to suit the changing realities. The judicial system along with its application of punishment as a deterrent to crime or non-conformity with the law is at the epicentres of this paradigmatic shift which this article is all about. From the analysis of primary and secondary evidence combed through qualitative data collection methods, this paper examines the shifts in the judiciary and crime occasioned by transmutation within this historical niche. It has answered questions like (a) how was the judicial system in the area presently named Anglophone Cameroon prior to the German protectorate and what were the indigenous conceptions of crime here (b)How did the Germans appreciate and influenced this judiciary and punishment of those who violated the Law as well as(c), the paradigm negotiated and established by the British colonial imprints along with its lasting impact after independence? It is a contribution not only to judicial historiography but also to changing landscape of justice and crime in Africa as defined by colonial imprints and indigenous response