ABLP challenges Kelvin Simon’s nomination, election in court


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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  1. How does one force a man to work for anyone?
    It is the right to resign at any time. Slavery is done.

    This is so desperate. I was proud of Sam’s statement; I really do like her. Move on. It wasnt a little win. It was solid.

    This is embarrassing.

  2. This nonsensical witch hunt has to stop. A letter was provided that shows that the man resigned well ahead of nomination day. There is way too much to address nationally for the ABLP to be wasting this kind of time on nonsense. Elections are over. Move on. The ABLP seems to be working to lose the next election early. It’s like the political leader is trying to destroy the party before his exit.

    • @Antigua First – Stop lie. The letter showed him resigning after nomination day (dec 28th). The letter was dated 4th Jan 2022 (he made a mistake with the date) but stating it was effective Jan 4 2023 The UPP themselves (specifically Charles Tabor) also stated he need not resign until after the election. The UPP has known of this requirement for years. in their 1999 manifesto they promised to change the law if elected. They made no such change when elected in 2004. The relevant section from 1999 manifesto shown below:

      “Provide assurances to Civil Servants that any person who resigns his/her position
      to participate in national political office on any party ticket, or as an independent
      candidate, will not lose his/her accrued benefits or any privilege or previous
      entitlement available prior to resignation. Further, any person who is unsuccessful
      in an election will, upon re-application, be either re-instated in the position
      provided it is still vacant or, be offered a position similar in duties to that which
      was previously held;”

      • Tenman you and samonster is grasping at straws. Even if his nomination is deemed invalid, which it will not, she will surely lose by a bigger margin.

        Tell popcorn who brought this challenge on behalf of Samantha, with her and her brothers help, go find something productive to do.

        • @Cool Ruler – you are wrongly assuming the worst case would be a redo. They are asking the court to abide by the constitution and invalidate (make null) his illegal participation and therefore in essence, it will make Marshall the winner. Such is what happens in competitions when the “winner” was found in breech of the rules. UPP can’t claim they did not know of his actions, since they are the ones who stupidly sent out a press release claiming he need only resign if he won (they should have ensured he submitted his resignations letter on time)

          • Tenman if you believe that nonsense Tony Astaphan was spewing about next in line will hold up, you will believe that the little girl incharge of public works and land really is the minister and the mouthstash.
            After samonster got a thorough licking she want to go back into parliament by thru the back door? Will never happen

          • @Tenman. Besides the exact date nonsense, the absolutely most important issue is that Kelvin Simon was and still IS the choice of the people in that constituency. Samantha Marshall was and still is NOT the choice of the majority. Is that not what free and fair elections are all about? Do you not as a voter want to feel that in this democracy your VOTE counts? The observers this time around certainly appeared to be closely “observing” and for me, personally, I was impressed with ABEC for organizing what appeared to be a very courteous and efficient election day. Not least of all it was great to have the Commonwealth observers here. In this case the ABLP need to learn from their losses (and the glaringly obvious reasons why) and reorganize into a group that are not led by selfish greed and function selflessly for the betterment of the country minus the unsustainable bankrupting corruption and ridiculous freebees for all and sundry!

      • @Tenman/Woman: Crying again,like that little Bitch that you are. Bitch a four legged animal,a female dog.

      • What a sorry bunch of sore losers y’all are, y’all win the election thru bribery n dirty plays n nobody taking to court. The man bang she like a wild beast n y’all crying like babies who need their dirty diaper change. Sore losers

      • If proper correspondence did not reach the accountant general or the accounts department getting paid is not of his/ her fault, getting paid is a none issue that can be deducted from serverance or other benfits due or can be refunded.move on stop wasting the courts resources and time.

      • @bertaboi

        lmao @ CONSULTANT!!! Poor PREACHA MAN SHUGY allow harold loveLIE to make a nincumpoop out of him.


    • @ Samantha and Alp… take yall beating and go lay down as this can turn right round and bite u in the ass! The people has spoken!! Respect that and move on!

    • Well highlighted @Antigua First. What sickens me to the pit of my ‘tomach, is that even though the ABLP scraped through to win the General Election, they are still using “dead cat” narratives to deflect from rescuing and recovering the Antiguan economy.

      Gaston Browne and his cohorts haven’t learned from their past lack of inactions.



        • @🌴From The Sideline…did the same court ruled against Rawdon Turner’s selection by the ABLP as their Candidate, and did ABLP abide by the Ruling of the Court, or Gaston and crew said, “phuck da Courts?”

  3. 👣👣👣👣. ABLP I hearing, feeling and seeing Asot’s #footsteps in the dark, and they’re trying to drown them out with a whole lot of #EMPTINESS and #NONSENSE!

    Did the same ABLP recognised, the High Court Ruking regarding Rawdon Turner’s #illegal nomination?


  4. ALP are a lawless, clueless syndicate. Take your damn loss, lick your wounds and shut the hell up. There was no violation of anything. Gaston Browne run the country if you can. We have been subjected to your failures and incompetence for nine years, and the weak, beggarly elements of our society put you back there for a few trinkets. Now we shall pay dearly for this mistake. The biggest hindrance to ALP was Gaston Browne. Time will tell.

  5. We have to respect the will of the people and move on. Your concession speech was gracious and this action only seeks to undo it and make it look anything but genuine. The elections are over and its time move ahead.

  6. When is the next small business pull up? Was it a sham, an election gimmick? Small businesses need help year round not just during the electoral cycle. When is the next pull up? Can one of you #UPPNEARGA advise?

  7. Karma is a bitch! When you Samantha Marshall was Minister of Agriculture you went to cabinet without opening the position and promoted a person over other persons who was more qualified than he was. Now look somebody less qualified than you was promoted over you. Take that!!! get over it karma is a bitch!

  8. Why is she stating her interpretation of the constitution and not the exact words? The constitution speaks to being ineligible to be elected, not nominated. We are not all gullible and easily fooled.

  9. Having read the Constitution Section 39 1 (g) I haven’t seen anything barring anyone from being nominated. What it spoke about is being disqualified if elected as a member of the House if one holds or is acting in any public office. Anyone can be nominated once backed by at least 10 other constituents. Once elected, not nominated you must resign if you are a public officer. ABEC approved the nominations of both Kelvin Simon from the UPP and RawdonTurner from the ABLP even though the High Court ruled that Rawdon Turner is not the legal representative for St. Peter contest the January 18th 2023 elections.

  10. This is just another cowardly attack by the ABLP on the UPP to try to destroy them and increase their number of seats in Parliament and a pure WASTE OF THE COURTS TIME.

  11. Right is really right we must not see wrong and say it’s right we must value and uphold our morals if his nomination process was not met as per law the courts will decide. If the shoe was on the other foot all hell would have break loose we would not be hearing the last of it . Right or wrong !

  12. Look at all de hypocrites who cheered for disco dumpling taking ablp to court. Now they have a problem when the shoe on the other foot! Larse. … watta bunch a hypocritz!

    Allow the court to rule please thanks!

  13. @TENMAN:He did resign,end of the BULLCHIT. The Courts are going to find this matter in his favor. Then Simon should get a bulldog of a Lawyer. File a lawsuit against Gaston Browne,Samantha Marshall and the ABLP.I would be sending my US$$$ to help with his Lawyer’s costs. I have a lot of those.Here is where the bull shit stops.

  14. In my opinion,that woman is LAZY TO HER CORE. She would want to get into Parliament through the backdoors or windows. That would not be happening. It is a waste of the Courts time. Just hoping,it is not taxpayers money being wasted. Now that you are joining the Ministry of Health. Not one damn thing is going to get done by you and or the Substantive Minister. Lazy,fat,do nothing, S.O.B. for the Constituency.

  15. According to the Civil service regulations, once he spoke on the political platform for a party the very first time, shouldn’t he have been dismissed?

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