Strengthening Access to Customary Justice in the Appellate Court of Cameroon: Examination of the Administration of Customary Appeals from a Practice-Based Perspective

Abstract: This paper appraises the administration of customary appeals in the appellate court of Cameroon with emphasis on the common law jurisdictions of the Northwest and Southwest regions. It argues, among others, for the professionalization of customary justice institutions and the creation of a distinct customary court of appeal in the territory. It maintains that the hierarchy of courts, a precursor to the administration of appeals from trial to appellate courts, is indispensable for the expedient administration of justice. The paper identifies momentous problems in the execution of customary appeals including the over-reliance on procedural rules at the appellate court, rules which are neither tenable nor applicable at the trial customary court. To this end, customary appeals are rarely prosecuted on the merit of substantive customary rules and are often dismissed for non-compliance with procedural rules, an outcome which denies customary justice to litigants at the appellate courts. Addressing some of these concerns, the paper champions for a customary appeal process reliant on substantive rather than procedural justice if the aspirations of customary litigants are to be satisfactorily fulfilled.