Speaker of the House could be sued in her official capacity as it relates to what has
happened in the House of Assembly.
[37]
As it regards the other Defendants, the numbers three through eight; these
Defendants are the Chief Elections Officer and the members of the Electoral
Commission of Dominica.
Counsel Mr. Richards contended that in the Ferdinand
Frampton Case as cited by Learned counsel for the Defendants as authority that the
Chief Elections Officer could not be sued and is improperly joined cannot be relied on in
this case as that case (Frampton) was an elections petition which attracted different
considerations that were not applicable in this case.
[38]
Counsel, Mr. Richards, sought to rely on the Richard Frederick et al –v- the Comptroller
of Customs and the Attorney General17 to say that the Chief Elections Officer is properly
joined to these proceedings as are the members of the Electoral Commission.
[39]
I agree that the State Proceedings Act does not apply to the case at bar, however, the
issue to be resolved is whether the Chief Elections Officer and the members of the
Electoral Commission are properly joined in the case at bar.
[40]
Counsel, Mr. Richards, cited the Jennifer Gairy (as administratrix of the estate of
Eric Matthey Gairy (deceased) –v- The Attorney General of Grenada18 as authority to
say that the Privy Council has in essence held that the State is to be placed on par with
any other legal entity and is not immune from suit. Counsel also cited and sought to rely
on the Richard Frederick Case19 to say that even if the Attorney General is served with a
claim form seeking constitutional redress in accordance with the provisions of CPR 2000
“it does not preclude other persons being joined as Defendants”
[41]
Counsel also submitted that if section 40(4) of the Constitution of Dominica allows the
Attorney General to intervene in proceedings which are being brought under this section
and it therefore stands to reason that there must be some identifiable person other than
the Attorney General who could properly be a Defendant in such proceedings. (It should
17
HCVAP 2008/037 (St Lucia)
Privy Council Appeal No. 29 of 2000
19
Supra
18
12