Black Immigrant Daily News
POINTE XPRESS: A petition has been filed in the High Court challenging the legality of the nomination and election of the United Progressive Party’s St. Mary’s South candidate, Kelvin “Shugy” Simon in the 18th January elections.
Attorney Hugh Marshall Jr. filed the petition on behalf of the Antigua and Barbuda Labour Party and its St. Mary’s South candidate, Samantha Marshall.
“Our petition is asking the court to make a declaration that Simon’s nomination contravened both the Constitution of Antigua and Barbuda and the Civil Service Act.
“Section 39 1 (g) of the Constitution clearly spells out that anyone who is a member of the public service at the time of his nomination is ineligible to be a member of the House of Representatives,” Marshall explained.
Attorney Marshall contends that at the time of his nomination, Simon was not qualified to participate in the elections as he had not tendered his resignation with the Public Service Commission (PSC) nor had sufficient time been given to the PSC to consider such a resignation ahead of the general elections.
A letter, purportedly signed by Simon and dated early January 2022, was in circulation ahead of the election. The clear suggestion was that Simon had resigned as a public officer well ahead of 18th January, 2023.
The date of the letter, however, poses an issue as Simon remained employed and paid by the government until the end of 2022.
Marshall’s petition on behalf of the ABLP therefore is asking the court to rule on whether Simon’s nomination and election contravened both the Constitution of Antigua and Barbuda and the Civil Service Act and its regulations.
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