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Lawyers clarify petition against Vaz
published: Tuesday | February 5, 2008
Attorney-at-law Gayle Nelson made it clear yesterday that the election petition, which People's National Party candidate Abe Dabdoub has brought against Member of Parliament Daryl Vaz, was not about dual citizenship or dual nationality.
He said it was whether pursuant to the Constitution of Jamaica, Vaz was qualified to be elected to the House of Representatives.
Nelson who is representing Dabdoub asked Chief Justice Zaila McCalla to take a special look at section 39 of the Jamaican Constitution. He said the provisions of the Constitution were calculated to exclude people with allegiance or divided loyalty.
Dabdoub is contending that because Vaz has American citizenship and an American passport, he has pledged allegiance to a foreign power and is not entitled under the Constitution to be an MP.
Constitution not affected
But Vaz's lawyer Ransford Braham submitted in the Supreme Court last week that the Constitution did not prohibit dual citizenship. He said if the allegiance which Vaz owed the United States was not contemplated by the Jamaican Constitution it would not matter that allegiance had been acknowledged in any form or manner. He also pointed out that Vaz was a citizen of the US involuntarily having obtained his citizenship by descent or derivation and was, therefore, not affected by section 40(2) of the Constitution.
However, Mr. Nelson submitted further that if the court decided Vaz was not qualified on August 7 (nomination day) last year to be nominated to run as a candidate in the September 3 general election then the question had to be answered as to whether Dabdoub had given notice to the electors of Vaz's disqualification.
He said if the answer is in the affirmative then Dabdoub must be returned as the duly elected MP. He was referring to a notice which Dabdoub had circulated in the constituency that Vaz was an American citizen.
He said the electors of West Portland lost the benefit of their constitutional guarantee that no person with divided loyalty should be elected to the Jamaican Parliament.
Mr. Nelson will continue his submissions when the hearing resumes today.
published: Tuesday | February 5, 2008
Attorney-at-law Gayle Nelson made it clear yesterday that the election petition, which People's National Party candidate Abe Dabdoub has brought against Member of Parliament Daryl Vaz, was not about dual citizenship or dual nationality.
He said it was whether pursuant to the Constitution of Jamaica, Vaz was qualified to be elected to the House of Representatives.
Nelson who is representing Dabdoub asked Chief Justice Zaila McCalla to take a special look at section 39 of the Jamaican Constitution. He said the provisions of the Constitution were calculated to exclude people with allegiance or divided loyalty.
Dabdoub is contending that because Vaz has American citizenship and an American passport, he has pledged allegiance to a foreign power and is not entitled under the Constitution to be an MP.
Constitution not affected
But Vaz's lawyer Ransford Braham submitted in the Supreme Court last week that the Constitution did not prohibit dual citizenship. He said if the allegiance which Vaz owed the United States was not contemplated by the Jamaican Constitution it would not matter that allegiance had been acknowledged in any form or manner. He also pointed out that Vaz was a citizen of the US involuntarily having obtained his citizenship by descent or derivation and was, therefore, not affected by section 40(2) of the Constitution.
However, Mr. Nelson submitted further that if the court decided Vaz was not qualified on August 7 (nomination day) last year to be nominated to run as a candidate in the September 3 general election then the question had to be answered as to whether Dabdoub had given notice to the electors of Vaz's disqualification.
He said if the answer is in the affirmative then Dabdoub must be returned as the duly elected MP. He was referring to a notice which Dabdoub had circulated in the constituency that Vaz was an American citizen.
He said the electors of West Portland lost the benefit of their constitutional guarantee that no person with divided loyalty should be elected to the Jamaican Parliament.
Mr. Nelson will continue his submissions when the hearing resumes today.
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