George Rick James Appellant v [1] Ismay Spencer [2] Lorna Simon Respondents [ECSC]

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: SAUNDERS, J.A.,Justice of Appeal,Adrian Saunders,Michael Gordon, QC,Hugh Rawlins,Justice of Appeal [Ag.]
• Judgment Date: 04 April 2005
• Judgment citation (vLex): [2005] ECSC J0404-2
• Docket Number: CIVIL APPEAL NO.27 OF 2004
• Date: 04 April 2005

Between:

George Rick James

Appellant

and

[1] Ismay Spencer

[2] Lorna Simon

Respondents

[2005] ECSC J0404-2

Before:

The Hon. Mr. Adrian Saunders Justice of Appeal

The Hon. Mr. Michael Gordon, QC Justice of Appeal

The Hon. Mr. Hugh Rawlins Justice of Appeal [Ag.]

CIVIL APPEAL NO.27 OF 2004

IN THE COURT OF APPEAL

Appearances:

Mr. Ralph Francis for the Appellant

The Attorney General, Mr. Justin Simon, QC for the Respondent

SAUNDERS, J.A.

1 This appeal was heard and dismissed by the Court on 18^th March, 2005. Counsel for the Appellant urged us to reduce our reasons into writing and we now take the opportunity so to do. In truth, the judgment at first instance of Madame Justice Ollivetti was so comprehensive and clear that we hardly consider ourselves able to add anything that would further enhance it.

2 Mr. James, the Appellant, is the Secretary of a body called The Free and Fair Election League ("the League"). The First Respondent, Ms. Spencer, is the Registration Officer in the electoral constituency of St. John's Rural East. Ms.Simon is the Chief Registration Officer. In his capacity as Secretary of the League, Mr. James had lodged with Ms. Spencer a number of objections to persons appearing on the list of electors registered to vote in the constituency of St. John's Rural East. The essence of Mr. James' objections was that in respect of some 451 persons, no occupation was listed. Mr. James maintains that the failure to include in the list the occupation of these individuals rendered them ineligible to vote. The trial Judge disagreed and Mr. James has appealed.

3 Section 40(2) of the Antigua and Barbuda Constitution addresses entitlement to vote. The sub-section states:

"Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Antigua and Barbuda as parliament may prescribe shall, unless he is disqualified by any law from registration as a voter for the purpose of electing a member of the House, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf … "

4 This provision sets out the basic requirements for eligibility to be registered as an elector. However, the Constitution allows Parliament to prescribe more precisely the qualifications to be so registered. Parliament has done so, most recently, by the Representation of the People (Amendment) Act No. 17 of 2001. Section 16(1) states:

"Subject to this Act and any enactment imposing any disqualification for registration as an elector, a person is qualified to be registered as an elector for a constituency if, on the qualifying date he—

• (a) is a citizen of Antigua and Barbuda

• (b) is a Commonwealth citizen (other than a citizen of Antigua and Barbuda) who has resided in Antigua and Barbuda for a period of at least three years immediately before the qualifying date; and

• (c) is 18 years...