Another Blow to Election Injunction Attempts

Courtenay stated that attorney Ramlogan’s application to the CCJ was a last-ditch effort due to the Court of Appeal’s directives. He argued that there is a long-standing tradition in Commonwealth countries where courts do not prevent elections from taking place once a prime minister dissolves the National Assembly.

 

Eamon Courtenay, Attorney- At-Law

“In my opinion it is the last hope and there were directions given by the Court of Appeal and the Court of Appeal is going to determine when it is going to entertain the case. There are many difficulties which I wont go into at this stage. I think it is misconceived and we will deal with that when the time is right, but I do not believe that the Court of Appeal is going to fall for what Mr. Ramlogan is attempting to do. There is a long and consistent line of cases int eh Commonwealth that says when a Prime Minister dissolves the National Assembly it is time for the people to speak and the courts will not restrain the holding of elections. That is a political decision made by a prime minister in consultation with his advisors. It is a political decision and the court is not going to interfere with it. Indeed when we were before Justice Hondora he pointed out to Mr. Ramlogan asking him whether he had read the Christoher Ram case from the CCJ and there are two CCJ cases which have stated that courts are not going to tell a prime minister when to hold an election and that you cant hold it at this time and you are only going to hold it at that time. That has been consistent throughout the Caribbean. I think Mr. Ramlogan thinks the SC behind his name is not Senior Counsel but Special Counsel, well he is not that special.”