Barbara Gayle, Staff Reporter

Chief Justice Zaila McCalla reserved her decision yesterday in the election petition brought by People's National Party (PNP) candidate Abe Dabdoub, who is seeking to unseat Member of Parliament Daryl Vaz.

The chief justice has promised to give her decision at the earliest possible time. She said there was a vast amount of evidence, submissions and legal authorities from the parties and so she needed time to consider her decision. Dabdoub is contending that Vaz is an American citizen, holder of an American passport and has pledged allegiance to a foreign power.

He contends further that Vaz has breached the Constitution, which states that a person who pledged allegiance to a foreign power is not eligible to be a member of parliament. He claims also that, because Vaz is an American citizen and as such has pledged allegiance, he was in breach of the Constitution.

Attorney-at-law Ransford Braham, who represents Vaz, argued at the hearing in the Supreme Court that dual citizenship was not the type of allegiance contemplated by the Constitution.

No legal precedent

Braham submitted that there was no legal precedent that having a US passport and travelling on it was acknowledgement of allegiance to a foreign power. He has also submitted that, even if the chief justice found otherwise, then there should be a by-election and the seat should not be given to Dabdoub as he was contending.

Braham, to support his claim, said it was very clear that, having regard to the fact that Director of Elections Danville Walker had issued notices advising the electors that all the candidates were properly nominated, then there must be a by-election in the constituency of West Portland.

barbara.gayle@gleanerjm.com