Home / Uncategorized / The grave illegality of the retrial order in the “Nera Ten” case

The grave illegality of the retrial order in the “Nera Ten” case

The recent decision of the Supreme Court of Cameroon ordering a retrial in the “Nera Ten” case is not merely controversial, it is, with respect, a profound departure from settled principles of criminal law and a dangerous affront to the guarantees of personal liberty. This matter must be called what it is: a judicial endorsement of repeated prosecution in circumstances where the law demands finality. Notedly, Section 359 of the Criminal Procedure Code is clear in its spirit and effect: where a conviction cannot stand, the Court must confront the evidence and pronounce accordingly. It does not license the Court…

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