Legal and Policy Frameworks Governing the Constitutional Council of Cameroon’s Jurisdiction on Electoral Matters

Abstract

The political transition to pluralist democracy in Cameroon during the 1990s prompted constitutional reforms, including the 1996 revision that created the Constitutional Council to ensure electoral regularity and resolve state institutional conflicts. This study examines the legal and policy frameworks governing the Constitutional Council's jurisdiction over electoral matters. Using a qualitative methodology, this study systematically reviews international conventions, treaties, and national laws. The findings reveal that five international legal instruments, five national legal instruments, four international policy frameworks, and one national policy guideline contain provisions that empower the Constitutional Council as an election arbiter. International frameworks such as the International Covenant on Civil and Political Rights and African Charter on Human and Peoples' Rights do not elaborate on electoral dispute resolution mechanisms, whereas the AU Declaration on the Principles Governing Democratic Elections in Africa and the African Charter on Democracy, Elections and Governance provide more specific guidance. The study concludes that despite the existence of comprehensive legal and policy frameworks, the Electoral Code remains the most frequently applied instrument for resolving electoral disputes, while international policy frameworks lack enforceable mechanisms. It is recommended that Cameroon harmonise its domestic electoral laws with binding international standards and strengthen institutional mechanisms to ensure effective and timely resolution of electoral disputes by the Constitutional Council.