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Apr 30, 2019

G.O.B. Moves Full Steam Ahead with May 8th I.C.J. Referendum

Eamon Courtenay

The government is moving full steam ahead with the May eighth I.C.J. referendum despite related legal challenges before the courts. The People’s United Party is essentially challenging the constitutionality of the 2008 Special Agreement. The Opposition is of the view that Wilfred Elrington had no constitutional power to sign the Special Agreement which the party says, has yet to be taken to the House of Representative for debate. At the time of the interim injunction, the Chief Justice said that the P.U.P. failed to present an arguable case as it relates to the Special Agreement so that section of his ruling is before the Court of Appeal. On Monday, attorney for P.U.P. Senior Counsel, Eamon Courtenay explained the party’s cross-appeal.


Eamon Courtenay, Attorney for P.U.P.

“We want the Court of Appeal to rule on that so that we can have a determination as to whether or not the Special Agreement is constitutional. If this injunction is lifted it would have removed the foundation in which our appeal rested and therefore we had to resist and so the matter remains in the Court of Appeal. We have every hope and confidence that we will prevail in the Court of Appeal on this issue. It is a very important constitutional law issue where these representatives have not had a chance to debate the Special Agreement.”


Lisa Shoman

Lisa Shoman, Attorney for G.O.B.

“Depending on what the Court of Appeal  rules either yes or no then the government  would decide whether it will take it to the CCJ and only after that step is taken then it would necessarily come back to the Chief Justice. And that’s why he said that the issue is still alive meaning that there is potential for it still to come back before the Chief Justice. Now bear in mind that at any time the claimants in this case can decide to withdraw their cross-appeal our can decide to forego it. That remains to be seen what they would do and my understanding is that there is no case management in the Court of Appeal until June.”

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