President who acted on the advice of the Prime Minister who acted based on the unlawful
decision of the Speaker. The Claimants are disputing the legality of the election and as
such the Claim cannot be brought by way of election petition as suggested by learned
counsel Mrs. Baron- Royer for the Claimants.
[55]
A review of the circumstances as stated, I am of the view that the by elections which were
held as a result of the vacancy of the two seats in the House of Assembly was called in
keeping with the provisions of the Constitution which provides for elections to be held
within three months of the vacancy arising.
[56]
Further that the House of Assembly (Elections) Act directs the Chief Elections Officer as to
what to do when a warrant is issued. I find that it would be improper for the Chief
Elections Officer or anyone in the Commission to question the issue of the warrant by the
President, it is not in their place individually or collectively to question a decision made in
the House of Assembly or an action taken by the President and in the circumstances I am
unable to agree with Counsel Mr. Richards that there is any wrong doing that could be
seen or imputed to the third to eight Defendants.
[57]
As it regards the Chief Elections Officer and the members of the Electoral Commission I
am not satisfied that they are fit and proper parties to this matter. The Chief Elections
Officer and the members of the Electoral Commission are appointed; I am of the view
that were this matter an elections petition then they may be considered proper parties.
[58]
I agree with learned Counsel, Mrs. Baron- Royer, that the Claimants have not presented
any Claim that would justify the court in making a determination or declaration against the
third to eighth Defendants on the grounds that they by themselves or through their agents
or servants conducted a by-election that was unconstitutional, null and void and of no
legal effect. In the circumstances I find that there is no cause of action pleaded against
these Defendants and would therefore strike them from these proceedings.
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