Saturday, December 13, 2008

Appealing the By-Election Order

Abraham Dabdoub's appeal against the Chief Justice's ruling can be divided into two overlapping and intertwined phases:

  1. That the Chief Justice erred in law by failing to award the seat to the only duly nominated candidate on Nomination Day, August 7, 2007 in the constituency of West Portland; and
  2. That the Chief Justice erred in law by failing to recognize and properly apply the distinction between "status" and "conduct" in coming to her decision on disqualification based on dual citizenship.
Numerous cases on votes being declared to be "thrown away" and the next candidate being duly seated by the court are cited.

The detailed submissions are set out below:




No comments: