The Judiciary and Compliance and Enforcement of Corporate Environmental Governance in Cameroon: A Critical Appraisal

Abstract

If one were to judge from the perspective of the quantum of regulations and the variety of sanctions put at the disposal of the judiciary as an enforcement and compliance institution, it would be agreed that as a country, Cameroon has fared reasonably well in corporate environmental governance (CEG). The law will be of no effect if its compliance and enforcement are not guaranteed. This is especially so, as the propriety of every law is not only on how the law is made but how it is applied. The onus, therefore, rests on the judiciary to ensure that corporate institutions comply with governance responsibilities while those who fail to comply are held responsible for their actions. Surprisingly, in the exercise of its functions vis-a-vis compliance to environmental governance, the judiciary has played a very insignificant role such that its relevance is almost not visible in this area. This is corroborated by the near absence of judicial rulings in environmental-related cases, yet a proliferation of corporate conducts that ignore and violate the requirements of environmental governance. This paper, therefore, seeks to ascertain the rationale behind the insignificant role of the courts in ensuring compliance with CEG. While recognising the efforts made by the judiciary, we equally argue that it is definitely not enough to deter recalcitrant offenders. Sanctions do not fit damage, preference of compromise as an alternative to judicial settlement, uneasy access to environmental justice (locus standi) and more, seem to clip the wings of the courts as evidenced by the upsurge in the number of cases of violation of CEG. A reform in the procedure and sanction system will certainly increase its relevance.