Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of
individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a
term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment.
Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent,
incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This
paper aims to explore the aspect of sentencing by the SCC.
Design/methodology/approach – To identify, highlight and discuss the issue of sentencing, the
paper looks at a blend of primary and secondary materials: primary materials here include but not
limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary
materials shall include the works of scholars in the fields of criminal law, criminal justice and penal
reform.
Findings – A few findings were made: first, the judges are inconsistent in the manner in which they
determine the appropriate sentence. Second, in making that determination, the judges would have been
oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a
mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating
circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are
commensurate with the amounts of monies stolen.
Research limitations/implications – This research unravels key insights into the functioning of the
SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.
Practical implications – The prosecution and judges at the SCC should deepen their knowledge of
Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the
prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil
servant. They must also consider whether the sentences imposed befit the crime for which they are convicted