Author(s): Egute Matthew Amandong

Abstract: The constitutional right to counsel is a very necessary and practical one. The ordinary person accused of crime has little if any knowledge of law or experience in its application. He is ill prepared to combat the arsenal of statutes, decisions, rules of procedure, technicalities of pleading and other legal weapons at the ready disposal of the prosecutor. Without counsel, many of his elementary procedural and substantive rights may be lost irretrievably in the intricate legal maze of a criminal proceeding. In Cameroon, the right is guaranteed by the Constitution followed by other local legislations like the Criminal Procedure Code and the 2009 Legal Aid Law, all of which have reinforced the Constitutional and UN Declarations on the strict respect of the right to counsel. We concluded and suggested that the right will only be meaningful if there is effective representation at every step of the proceeding. Thus, the accused should not stand alone at any stage of the prosecution, whether formal, or informal, in court or out of court. And finally that any limitations provided by the law with respect to felonies and misdemeanors must be exercised in good faith, with care and in the interest of justice and fair hearing. Thus, the restriction should not be intended to punish nor victimize the accused.

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