{"id":174979,"date":"2023-06-03T08:46:42","date_gmt":"2023-06-03T12:46:42","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=174979"},"modified":"2023-06-03T10:32:54","modified_gmt":"2023-06-03T14:32:54","slug":"text-book-opinions-legal-luminaries-v-legal-loonies","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/text-book-opinions-legal-luminaries-v-legal-loonies\/","title":{"rendered":"Text Book Opinions: Legal Luminaries V Legal Loonies"},"content":{"rendered":"
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TEXT BOOK OPINIONS: LEGAL LUMINARIES v LEGAL LOONIES<\/p>

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RAWLSTON POMPEY<\/p>\n

In these impoverished non-republic \u2018Organization of Eastern Caribbean States (OECS),\u2019 (i) \u2018The Governors General bears \u2018Allegiance\u2019 to His Majesty, The King: (ii) They bear \u2018Loyalty\u2019 to the Government and Ministers subordinate to him: and (iii) In discharging their constitutional functions, the \u2018Public Welfare\u2019 appeared not to have been sufficiently considered of paramount importance. \u00a0Within this jurisdiction, a statutory provision that resides \u2018LAWFUL AUTHORITY\u2019 in \u2018His Majesty\u2019s Representative\u2019 appeared to have been given \u2018Text Book Theoretical Legal Opinions.\u2019 Legal Luminaries have completely viewed the issue of the \u2018Lawfulness\u2019 of the Governor General\u2019 exercise of authority differently to that of instructed \u2018Legal Loonies.\u2019<\/p>

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PERSPECTIVE<\/p>

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This commentary looks at: (i) \u2018The statutorized lawfulness; and (ii) Considerations of the \u2018Governor General\u2019 necessary to enable the issuance of a Commission of Inquiry,\u2019 as contained in the \u2018Commission of Inquiry Act\u2019 [COA: Section 2: Chapter 91]. It also looks at (iii) The constitutionally-provided \u2018Executive Authority\u2019 as contained in the \u2018Constitution Order\u2019 [CO: 1981: Section 68]: and (iv) Functions of the Governor General\u2019 and that which subjects him to; (a) \u2018The \u2018ADVICE\u2019 of Cabinet; and (b) \u2026EXCEPTIONS for so acting or performing his functions in cases which he may exercise a sole \u2018Discretionary Power where a \u2018LAW\u2019 so provides\u2019 [CO: 1981: Section 80].<\/p>\n

SERVICES AND SUBSERVIENCY<\/p>

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In the real world, not infrequently, either collectively or individually, public administrators have given the citizenry reasons to believe that \u2018Malfeasance\u2019 had been occasioned within particular administrations. Even when there were no places to hide from the despairing cries of a distraught people, \u2018Governors General\u2019 were known to have subjected themselves to public ridicule, then seeking to probe the suspected corruptible behavior of public administrators. Such subjection often helps to ensure \u2018Pleasurable Security of Tenure.\u2019 Not only would \u2018Governors General\u2019 may have been seen as having little \u2018Moral Integrity\u2019 to hold such office, but also to remain in the \u2018Good Graces,\u2019 if only for their \u2018Services and Subserviency.\u2019<\/p>\n

DISSATISFIED\/DISTRAUGHT\/DISQUIETED<\/p>

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The clich\u00e9; \u2018When Doctors differ, patients die,\u2019 shall have been well known to most regional people. Conversely, whether in civil or criminal proceedings when \u2018Attorneys\u2019 differ and Court rulings are disfavored, clients were often the ones left to suffer. The same can be said of \u2018Governors General.\u2019 When they are befuddled over the exercise of \u2018Constitutional Authority\u2019 and showed timidity in discharging their constitutional responsibilities or to perform their constitutional and statutory functions,\u2019 a populace becomes \u2018Dissatisfied; Distraught; and Disquieted.\u2019<\/p>

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WRITTEN LEGAL OPINIONS<\/p>\n

When the \u2018Legal Loonies\u2019 reportedly offered \u2018Written Legal Opinions to both \u2018Cabinet and the Governor General,\u2019 they appeared to have looked cursorily only at the constitutional provision as contained at \u2018Section 80.\u2019 This account of one \u2018Looney\u2019 to have purportedly written; \u2018It would not be lawful for the Governor General to call a Commission of Inquiry under Section 2 of the Act, save upon the advice of the Cabinet\u2019 [Observer: June 1, 2023]. The \u2018Commission of Inquiry Act\u2019 made no such reference, nor imposes a duty upon the \u2018Governor General\u2019 to; (a) \u2018Seek advice from the Cabinet: or (b) To await such advice from a \u2018Cabinet of men and women\u2019 that collectively or individually, might possibly be the subject of such inquiry.<\/p>\n

GENERAL RULE v JUDICIAL INTERPRETATIONS<\/p>\n

Seemingly, from distant land, another \u2018Legal Looney\u2019 purportedly wrote; \u2018The proper interpretation of \u2018Section 80 (1)\u2019 means as a \u2018General Rule,\u2019 in exercising his powers the \u2018Governor General\u2019 should act in accordance with the advice of the Cabinet.\u2019 That which shall be known is that the functions of the \u2018Governor General,\u2019 are not guided by \u2018General Rule,\u2019 but by provisions contained in both the \u2018Constitution and Statute Law.\u2019 Besides, \u2018Legal Loonies\u2019 may give \u2018Personal Opinions,\u2019 while the \u2018Courts\u2019 makes \u2018Judicial Interpretations.\u2019 This \u2018Looney\u2019 shall have known that where such \u2018Advice\u2019 was needed, the \u2018Constitution Order\u2019 has already identified several functions in which no \u2018Cabinet Advice\u2019 was needed.<\/p>\n

FUNCTIONAL ATTACK<\/p>\n

Not for the first time the \u2018Lawful Authority\u2019 of \u2018Governor General,\u2019 has come under conspicuous \u2018Functional Attack.\u2019 Evidence of this came when he was legislatively deprived of \u2018Statutory Authority\u2019 vested in the Monarchy,\u2019 and exercised by him as \u2018Representative of \u2018Her Majesty, Queen Elizabeth II.\u2019 That which supports this assertion and highlights the apparent inadvertence of a distinguished Senate Member and former Attorney General [Antigua and Barbuda:1994-1997], and \u2018Deputy Governor General, His Excellency, Sir Clare Roberts KCN.\u2019<\/p>\n

ROYAL ASSENT<\/p>\n

The first of such attack came, when acting in the capacity of \u2018Deputy Governor General, Sir Clare appeared to have unwittingly accord \u2018Royal Assent\u2019 to \u2018Amendments\u2019 that effectively deprived the \u2018Governor General\u2019 and himself of \u2018Statutorily Vested Authority\u2019 as contained in the \u2018Prison Act\u2019 [Chapter 341]. Now, a particular \u2018Section\u2019 of the \u2018Constitution Order-Section 80 (1),\u2019 that speaks to the \u2018Functions of the Governor General,\u2019 appeared to have \u2018Legal Luminaries; Legal Loonies; and Legal Quacks,\u2019 sending confusing signals to certain public administrators; His Majesty\u2019s Representatives, and a perplexed and anxious citizenry.<\/p>\n

ROYAL ASSENT<\/p>\n

Whether or not it may have been for reasons of inadvertence or ignorance; or simply for reasons of the novelty of the position or being unduly flirtatious with the environment,\u2019 he may still have unsuspectingly supported the \u2018Prison Extra Remission Programme (PERP).\u2019 This was occasioned when the \u2018Deputy Governor General\u2019 accorded \u2018Royal Assent\u2019 on behalf of then \u2018Her Majesty\u2019 to the \u2018Prison (Amendment) Act.\u2019 This incidentally, saw the untimely and reckless release of some of the nation\u2019s most merciless and cold-blooded murderers from then \u2018Her Majesty\u2019s Prison.\u2019 [2018].<\/p>\n

BEFUDDLING WORDS \u2013 MISCHIEF AIMED<\/p>\n

That which both Representatives may have subsequently observed in the \u2018Prison Act Amendments,\u2019 may have been the words; \u2018An Act to amend the Prison Act, Chapter 341, and for incidental and connected purposes. These were the mesmerizing and \u2018Befuddling Words\u2019 that changed \u2018Her Majesty\u2019s \u2018Lawful Authority\u2019 over the nation\u2019s lone penal institution, widely known as; \u2018Her Majesty\u2019s (HMP).\u2019 \u00a0The \u2018Mischief Aimed\u2019 by Parliament, was that the Governor General, His Excellency, Sir Rodney Williams KGN, GCMG, MBBS,\u2019 would neither have authority over the penal institution, nor the discretionary authority to exercise \u2018Her Majesty\u2019s Prerogative of Mercy\u2019 [CO: 1981]. That which they appeared not to have understood, was that it would necessitate a \u2018Constitutional Amendment.\u2019<\/p>\n

PARLIAMENTARY TREASON<\/p>\n

That which shall have been obvious to the \u2018Deputy Governor General,\u2019 were \u2018Numbers and Words relating to the \u2018Principal Prison Act.\u2019 Given legislative consideration of \u2018House Speaker Sir Gerald Owen Anderson Watt KCN, KC,\u2019 and \u2018Senate President Alincia Williams-Grant,\u2019 both \u2018Attorneys-at-Law,\u2019 saw the passage of the grievous amendments to the \u2018Prison Act.\u2019 The \u2018Sections then aimed at, included: Sections \u20183 A; 4; 5; 6; 9 and 13\u2019 [Chapter 341]. It continues; \u2018By repealing the words \u2018Governor General\u2019 where it appears in those Sections and replacing these words with the word- \u2018MINISTER\u2019 [Section 3: No. 17 of 2017]. They too, will have been guilty of \u2018Parliamentary Treason.\u2019<\/p>\n

EXCEPTIONAL AUTHORITY<\/p>\n

In most \u2018Constitutional Democracies,\u2019 \u2018Governors General\u2019 were known to have cowed by public officials, that has invariably caused many to wobble and buckle under environmental pressures. That which often appeared not to have been fully understood, was that \u2018Framers of the Constitution Order,\u2019 long anticipated what may possibly arise in \u2018Public Office.\u2019 They knew that a \u2018Governor General\u2019 will be called upon by the people to exercise \u2018Exceptional Authority\u2019 for the \u2018PUBLIC WELFARE.\u2019 For the benefit of knowledge, the constitutional provision allows for two \u2018Exceptions.\u2019 Though there shall always be \u2018Functional Cooperation,\u2019 these exceptions require no advice from the Cabinet.<\/p>\n

ROYAL COMMISSION OF IINQUIRY<\/p>\n

Controversy reigns over the \u2018Governor General\u2019s authority in independently or unilaterally issuing a \u2018Royal Commission of Inquiry.\u2019 Since the Cabinet of Antigua and Barbuda\u2019 holds no position of \u2018Royalty,\u2019 logic dictates that the holder of the office of \u2018Governor General\u2019 and duly-appointed \u2018Representative of His Majesty,\u2019 supported by; (i) Constitutional provisions; and (ii) An Existing Law, that makes it \u2018LAWFUL\u2019 for him so to do. That which appeared to have posed comprehension difficulties to some \u2018Legal Loonies,\u2019 might very well have been the language contained in the \u2018Commission of Inquiry Act\u2019 [COIA: Section 2: Chapter 91].<\/p>\n

MANDATORY v EXCEPTION<\/p>\n

Such shall not be looked at in isolation, as the \u2018Legal Loonies\u2019 appeared to have looked only at the Constitution Order\u2019 [CO: No. 1106: 1981]. It may have been for the avoidance of misunderstanding that \u2018Framers\u2019 hade prudently inserted into the \u2018Order,\u2019 \u2018Section 80 (1).\u2019 As it affects the function of the \u2018Governor General the two-part functional authority in this Section. Undoubtedly, it provides for; (i) \u2018MANDATORY\u2019 functioning by the \u2018Governor General\u2019 to act on the \u2018Advice\u2019 of the Cabinet.\u2019 Conversely, (ii) It allows \u2018an EXCEPTION\u2019 that resides with him to act in his \u2018DISCRETION\u2019 under a specific Law.<\/p>\n

PUBLIC: AFFAIRS \u2013 PROBES – TRUST<\/p>\n

Those that offered \u2018Legal Opinions,\u2019 appeared to have been so transfixed on their apparent misguided intellectual beliefs, appeared not to have observed; (a) \u2018The \u2018Exception,\u2019 contained in the Constitution. Such \u2018Exception speaks to the discharge of a function under \u2018ANY OTHER LAW;\u2019 and (c) In cases whereby this Constitution or other law requires him to act in exercising a \u2018Discretionary Power\u2019 [CO: 1981]. These \u2018Exceptions\u2019 appear purposefully inserted to prompt a \u2018Governor General\u2019 to exercise his authority, in cases that demand \u2018Public Probes\u2019 into \u2018Public Affairs\u2019 that appear to affect \u2018Public Trust.\u2019<\/p>\n

MONARCHY:\u00a0 STRONG DEMOCRACY<\/p>\n

When \u2018Framers\u2019 of the \u2018Constitution Order\u2019 prudently inserted \u2018Section 80,\u2019 the people have proclaimed the \u2018Supreme Law\u2019 [CO: 1981: Section 2], they anticipated that the nation will have fashioned itself into a strong constitutional democracy.\u00a0 When they embraced continuance with the \u2018Monarchy,\u2019 \u2018National Sovereignty\u2019 saw the appointment of \u2018Governors General;\u2019 (i) \u2018Sir Wilfred Jacob: (ii) Sir James Beethoven Carlisle: (iii) Dame Louise Lake-Tack: and (iv) Sir Rodney Errey Williams.\u2019 The way they had functioned, and reasonably expected to function, saw the nation appearing well on the way to becoming a \u2018Strong Democracy.\u2019<\/p>\n

VESTIGES OF COLONIALISM<\/p>\n

When \u2018Antigua and Barbuda\u2019 became an independent and sovereign nation, it had ineffectively severed the \u2018Umbilical Cord of Colonialism.\u2019 That which supports this assertion remains evident. There is still \u2018Vestiges of Colonialism.\u2019 For instance, there are, inter alia; (i) \u2018A Constitutional Monarchial Head of State; (ii) Elected Parliamentarians bearing \u2018Allegiance\u2019 before engaging in proceedings in the bicameral-chambered Parliament: (iii) Continued delivery of \u2018Throne Speeches,\u2019 that speak to \u2018My Government\u2019 (His Majesty\u2019s Government); and Members of Parliament, that constitutionally, bear \u2018Allegiance\u2019 to \u2018The King.\u2019 Such allegiance is also shared by the \u2018King\u2019s \u2018Royal Representative,\u2019 the \u2018Governor General.\u2019<\/p>\n

MONARCHY AND MAJESTY<\/p>\n

Additionally, there continues to be; (iv) \u2018His Majesty\u2019s Prison: (v) A Magistracy where its opening and closing ends with the words \u2018God Save The King; (vi) A Judiciary and Jurisprudence; (vii) Continuing filing of indictments in the name of the King; (viii) The reliant upon services of the \u2018Apex Court-Judicial Committee of the Privy Council; and (ix) In recognition of a deeply revered \u2018Queen Elizabeth,\u2019 a \u2018Highway\u2019 named by the people in \u2018Her\u2019 honour. With these colonialistic vestiges, either still in practice or operation, after the \u2018Living God,\u2019 their firmly-held belief of \u2018His Supremacy,\u2019 until they dispensed with the \u2018Monarchy and His Majesty, The King,\u2019 over this nation, \u2018His Majesty, Reigns Supreme.\u2019<\/p>\n

LEGAL LOONIES AND QUACKS<\/p>\n

A \u2018Governor General\u2019 could never function or exercise constitutional or Statutory authority or discretion, in an environment full of \u2018Cajoling or Coercion.\u2019 When these were seen as affecting lawful courses of action, \u2018Governors General,\u2019 often run the risk as being seen as \u2018FEARFUL,\u2019 the very element the \u2018Oath of Office\u2019 seeks to eliminate. Though the \u2018Constitution Order\u2019 provides that the \u2018Governor General\u2019 (a) \u2018Acts independently; and (b) Discretely\u2019 as circumstances demand, \u2018Opinionated Professors; Law Lecturers; Text Book Authors and Legal practitioners of the \u2018King\u2019s Counsel Award; and Legal Loonies and Quacks,\u2019 appeared to have caused more confusion in the minds of the citizenry, than \u2018Satan\u2019 had reportedly caused in Heaven.\u2019<\/p>\n

AWKWARD AND UNNERVING<\/p>\n

Some \u2018Five Years\u2019 after the first attack on the \u2018Statutory-Imposed Authority\u2019 of \u2018Governor General, His Excellency, Sir Rodney E. Williams,\u2019 his authority has been further challenged. In this instance, such challenge has not been posed by the \u2018Legislature,\u2019 but by an \u2018Executive,\u2019 endeavoring to chip away his authority, legislatively statutorized in the \u2018Commission of Inquiry Act.\u2019 Such came as \u2018Petitioners; have endeavored to implore and impress upon him to exercise without \u2018Fear of Favor,\u2019 authority legislatively vested in the \u2018Office of Governor General.\u2019 Undoubtedly, incessant calls for issuing such \u2018Commission of Inquiry,\u2019 appear to have placed \u2018His Excellency\u2019 in a most \u2018Awkward and Unnerving\u2019 position. That which might bring unfortified comfort may be the maxim that states; The King can do no wrong\u2019 [\u2026..].<\/p>\n

MATTERS: NATIONAL CONCERN<\/p>\n

Consequent upon the above, a \u2018Governor General, Representative of His Majesty, The King\u2019 shall, at all material times, be mindful of his functions. Strengthened by the reposed confidence of a people, he shall not only understand, but also accept as serious \u2018Matters of National Concern\u2019 that are petitioned to him. Most importantly, he shall recognize that such \u2018Matters\u2019 and such \u2018Petitions, represent the \u2018Desires and Dictates\u2019 of a people, endeavoring to persuade him to exercise his constitutional and statutory authority, independently and decisively for the common and national good.<\/p>\n

DEAFENING SILENCE<\/p>\n

However, under an administration with a Cabinet that seemed fortified in their own beliefs, they can be expected to \u2018Kill the King,\u2019 and \u2018Rule by Decree,\u2019 a \u2018Governor General\u2019 could find him\/herself being ousted by \u2018His Majesty.\u2019 Clearly sandwiched between a tight-lipped public administrator and the persistent demands by the electorate for holding a \u2018Commission of Inquiry,\u2019 seemed to have placed him in and inescapable position. Such exercise was purposefully intended to probe the apparent mysterious overnight-establishment of \u2018National Antigua Airways.\u2019 Calls for identity of the owners\/operators and partners, as well as transparency and public accountability, have resulted only in citizens irritability by the \u2018Deafening Silence.\u2019<\/p>\n

SECRECY AND OBSCURITY<\/p>\n

Interest groups insisting to be informed, appeared to have prompted them into petitioning and directing their concerns to \u2018His Excellency.\u2019 Seemingly, himself insufficiently seized of pertinent information, appeared to have \u2018Ill-Positioned\u2019 His Excellency to guide knowledge and\/or understanding of the developments that have prompted questions that speak to \u2018Secrecy and Obscurity.\u2019 The \u2018Antigua Airway,\u2019 said to have been operated by a \u2018Nigerian\u2019 conglomerate, identified only as \u2018Marvelous Mike Press.\u2019 It has made its inaugural flight to the \u2018V.C Bird International Airport,\u2019 where Immigration authorities reportedly provided landed status to scores of passengers. They were identified as \u2018Cameroon nationals\u2019 [December 23, 2022].<\/p>\n

PEACEFUL ASSEMBLY\/PROTESTATION<\/p>\n

Now that \u2018Sir Rodney\u2019 appeared to have found himself in a \u2018Further Spot of Bother,\u2019 the people have been left to ponder what is the purpose, role and function of a \u2018Governor General.\u2019 Consequent upon a \u2018Petition,\u2019 signatured by some 8, 000 persons,\u2019 a representative number of the voting population, \u2018His Excellency,\u2019 appeared to have found himself in a bind. This not only speaks to an undeniable fact, but also consistent with that duly and properly enacted in the \u2018Commission of Inquiry Act\u2019 [COIA: Section 2: Chapter 91]. A response from him respecting his constitutional inability to issue a \u2018Commission of Inquiry,\u2019 in \u2018Matters of National Concern,\u2019 have prompted a week of peaceful assembly and protestation by the people outside the \u2018Government House office.\u2019<\/p>\n

LEGAL LUMINARIES v LEGAL LOONIES<\/p>\n

Instructively, the \u2018Press Release\u2019 purportedly authored by, or officially prepared for the \u2018Governor General,\u2019 was observably written in the \u2018Third Person.\u2019 The penultimate paragraph reads; \u2018The Governor General is bound, by his Oath of office to act in accordance with the established Law\u2019 [Observer: May 31, 2023]. The \u2018Act\u2019 speaks to the unfettered exercise of \u2018Lawful Authority,\u2019 when circumstance dictates and situations demand. Constitutionally and statutorily, the \u2018Governor General\u2019 appears partially insulated from the \u2018Cabinet of Ministers\u2019 in the performance of his constitutional and Statutory functions.<\/p>\n

TRANSITIONAL PROVISIONS<\/p>\n

The modern legal practitioners, university professors and lecturers, may speak to \u2018Obsoletion\u2019 and \u2018Reformation\u2019 of some \u2018Existing Laws.\u2019 Considering the state of antiquation, the inapplicability of some enactments is good reason to demand revision. Framers of the \u2018Constitution Order\u2019 appeared seize of these provisions. Consequently, they have inserted certain \u2018Transitional Provisions\u2019 for \u2018Functional Continuity.\u2019 As for other \u2018OECS\u2019 nations, as it is for \u2018Antigua and Barbuda,\u2019 every person so appointed or deputizing for \u2018Governors General,\u2019 he\/she shall always endeavor to observe the most fundamental provisions as the affect their functions, particularly, those that do not allow neither for the advice, dictates or exploits of the \u2018Cabinet.\u2019<\/p>\n

PUBLIC SCRUTINY<\/p>\n

That which has been made sufficiently clear, was that \u2018Commissions of Inquiry\u2019 were established either; (a) \u2018Specific; or (b) Controversial events or proposals seen not in the national interest.\u2019 That which is contained in the \u2018Statute Law,\u2019 speaks to the \u2018Public Welfare.\u2019 Though public administrators often speak to such, it has been observed more in breach, than practice. T Conversely, for the \u2018Non-Statutory Commissions of Inquiry,\u2019 these are established to \u2018investigate controversial \u2018Events of National Concern\u2019 [Wikipedia]. Instructively, when \u2018Queen Victoria\u2019 decreed the establishment of the \u2018Commission of Inquiry Act,\u2019 it was not only purposeful, but also specific as that which shall be subjected to transparent \u2018Public Scrutiny.\u2019<\/p>\n

ALLEGIANCE TO HIS MAJESTY<\/p>\n

Such lawfulness was placed in no other authority or person than a \u2018Governor General,\u2019 who not only represents, but also bears \u2018Allegiance\u2019 to \u2018His Majesty; His Heirs; and Successors.\u2019 In the instant case, those also bearing \u2018Allegiance,\u2019 include every Parliamentarian and portfolio Ministers who are \u2018Subordinate to the Governor General\u2019 [Constitution Order: 1981: Section 68 (2)]. They became \u2018Subordinates\u2019 when they subscribed to the \u2018Oath of Allegiance-Sworn\/Affirmed).\u2019 While no advocacy shall be suggested, a \u2018Governor General,\u2019 reportedly being petitioned by the signatories of some reported \u20188, 000 people,\u2019 could never harbor beliefs that such number represents the residential population of the \u2018Sister-Island of Barbuda.\u2019<\/p>\n

WILL AND WISHES<\/p>\n

With the existence of the statutory enactment of the \u2018Commission of Inquiry Act,\u2019 nowhere has been observed that that \u2018Lawful Authority\u2019 is vested in the Cabinet. There has been no reserved right of public administrators. It has been the observation of many people across the \u2018Organization of Eastern Caribbean States (OECS),\u2019 that the only time \u2018Governors General,\u2019 appear to have shown recognition of the \u2018Will and Wishes\u2019<\/strong> of the people, was when a privilege few were invited to subscribe to either one, or the three subscriptive Oaths. When the elected were to be invited to the \u2018Office of Governors General,\u2019 it was for specific purposes.<\/p>\n

PERCEPTION OR DECEPTION<\/p>\n

After subscribing to the appropriate \u2018Oaths, it has always been the elected for themselves, a band of cronies, functionaries and nepotists, and the electors fending for themselves. Not infrequently, many have been forced to express disgust and disappointment in those whose candidacy they had supported and plans and programmes they have embraced. Whether or not by \u2018Perception or Deception,\u2019 or simply \u2018Figment of Imagination,\u2019 not infrequently, discontented electors were impelled to publicly air their grievances and misgivings, wherever they had found either empathetic listeners or grievers likened to themselves.<\/p>\n

SPIRIT OF DISCERNMENT<\/p>\n

Those with the \u2018Spirit of Discernment\u2019 may see just what binds those so appointed with the people so elected them to govern and administrate the affairs of the public. For governance, the \u2018Ministers with Portfolio,\u2019 whether by \u2018Swearing or Affirmation\u2019 shall subscribe to the \u2018Oath of Office.\u2019 That which the Constitution sets out reads; \u2018I Charles \u2018Boldface\u2019 Isaac do swear that; (i) \u2018I will honour and uphold and preserve the Constitution of Antigua and Barbuda ; (ii) The Law: (iii) I will; (a) Conscientiously; (b) Impartially; and (c) To the best of my ability, discharge my duties; and (iv) Do right to all manner of people without; (a) \u2018FEAR: or favour; and (b) Without affection or ill-will\u2019 [CO: 1981: Schedule 3].<\/p>\n

SIGNATORIES TO PETITION<\/p>\n

Several interest groups have found satisfaction in protestations, equally as much as they have willingly and influentially affixed their \u2018Signatures to Petitions.\u2019 In recent times, a wide cross-section of the society appeared to have taken umbrage with the apparent \u2018fairy-tale national air-carrier called- \u2018Antigua Airways.\u2019 This appeared to have triggered more waves, than those associated with the \u2018Atlantic Hurricane Season.\u2019 Incensed by visitors left to languish in misery, with several faced with \u2018Tragedy at Sea,\u2019 some citizens have either sent their \u2018Signatures\u2019 for Governor General, His Excellency, Sir Rodney Errey Williams KGN, GCMG, MBBS\u2019 to see or made their presence outside the perimeter fence at \u2018Government House\u2019 be felt.<\/p>\n

PREVENTION OF CORRUPTION ETC<\/p>\n

Inferentially, from that which has, in modern times given legislative considerations, the \u2018Queen\u2019 back then, had been looking at: (i) \u2018Prevention of Corruption: (ii) Public Accountability: (iii) Transparency; and (iv) Integrity in Public Life.\u2019 While there have been two such \u2018Royal Commissions of Inquiry\u2019 specifically issued to ascertain; (i) Who \u2018Sold his government a \u2018Steel Frame\u2019 [1974]: and (ii) Who created the \u2018Cesspool of Corruption at;\u2019 and (iii) Who were the corruptible public officials; and (iv) Who had siphoned-off significantly funds from the Medical Benefits Scheme\u2019 [2003].<\/p>\n

SPOT OF BOTHER<\/p>\n

The \u2018Vexed Issue\u2019 for the well-respected \u2018Governor General, His Excellency, Sir Rodney Errey Williams,\u2019 surrounds issuance of a \u2018Royal Commission of Inquiry.\u2019 This continues to generate widespread national discussions.\u2019 Instructively, the administrators under public scrutiny by interest groups reportedly acting on behalf of the people and the \u2018Head of State,\u2019 appeared not to be singing from the same hymnal. It was, and still has been the view that not only has \u2018Hie Excellency the \u2018Statutory Lawful Authority,\u2019 but also a discretion, bolstered by constitutional authority so to do, and without the advice of the Cabinet.<\/p>\n

ADVICE OF PRIME MINISTER<\/p>\n

Constitutionally, the \u2018Governor General,\u2019 shall act on the \u2018ADVICE\u2019 of the Prime Minister\u2019 [CO: 1981: Section 69 (4)]. Undoubtedly, the second of these three \u2018Oaths\u2019 seeks to bind the \u2018Ministers\u2019 with the electorate and people. Not infrequently, many public administrators seemed to have given voters reasons to feel jaded, distraught and depressed. Many also may have thought that had they possess the requisite surgical instrument and clinical skills of renowned \u2018Surgeon, Dr. Joseph \u2018Joey\u2019 John,\u2019 the frustrated and disappointed may have removed a digit on their \u2018Index Fingers,\u2019 for reasons of their simplicity, susceptibility and gullibility.\u2019.<\/p>\n

NOTABLE AND NOBLE<\/p>\n

Instructively, some of these \u2018distinguished legal experts reportedly came from \u2018London\u2019 and some from \u2018Five Islands.\u2019 Some were said to have been \u2018Notable and Noble\u2019 legal practitioners and some were said to be well-learned \u2018Ancestral Children.\u2019 In their areas of practice, be it \u2018Constitutional Administrative or Criminal Law,\u2019 they have not only appeared proficient, but have also shown intellectual brilliance and professional indepthness. Still, that which the citizenry shall know, is, be that as it may, decisions made at \u2018First Instance Courts,\u2019 are challenged only by judgements delivered by the nation\u2019s \u2018Intermediate and Apex Courts.\u2019<\/p>\n

TEXTBOOKS THEORIES<\/p>\n

These are the \u2018Eastern Caribbean Supreme Court (ECSC) and the Judicial Committee of the Privy Council (JCPC).\u2019While they reserve the right to offer \u2018Legal Opinions,\u2019 they shall know that \u2018Interpretations of Law,\u2019 reside with equally learned and distinguished officers that have been practicing within the Judiciary.\u2019 A \u2018Governor General needs no \u2018Textbook Legal Opinions.\u2019 He\/she needs only \u2018Legal Advice\u2019 from \u2018His Majesty\u2019s Privy Councilors.\u2019 \u00a0As opposed to \u2018Textbook Theories,\u2019 authoritatively, the rulings of these Councilors often help to shape human understanding, particularly as it relates to the workings of Law.<\/p>\n

ASSEMBLIES AND PROTESTATIONS<\/p>\n

Not infrequently, dissatisfaction with public administrators, and discontent in the electorate were known to have led people into mounting peaceful assemblies or protestations. This as knowledge and research have confirmed and shown official dispersals of the dissatisfied with ruthless and reckless use of \u2018Tear Gas and Rubber Bullets.\u2019 That which now confronts protesting citizens has been the \u2018Authority,\u2019 if any, vested in the \u2018Governor General, His Excellency, Sir Rodney Errey Williams KGN, GCMG, MBBS.\u2019 None may deny that to all intents and purposes, when the \u2018British Monarchy,\u2019 then ruled by \u2018Queen Victoria\u2019 decreed and subsequently the \u2018Commission of Inquiry Act\u2019 to be operationally statutorized [April 29, 1880], there has been several \u2018Mischiefs Aimed.\u2019<\/p>\n

LUMINARIES AND LOONIES<\/p>\n

It has been public knowledge that some \u2018Legal Luminaries\u2019 and some \u2018Legal Loonies,\u2019 at home and abroad have expressed differing or opposing views on the issue. Research has not only shown a \u2018Statutory Provision\u2019 that has vests \u2018Law Authority\u2019 in whomever has been appointed to the office of \u2018Govern General, but also who represents the \u2018Monarchial Authority\u2019 of \u2018His Majesty, The King.\u2019 In this constitutional and parliamentary democracy, \u2018Executive Powers\u2019 are vested in the \u2018Monarchy.\u2019 Constitutionally, him\/her that represents the \u2018Monarchy\u2019 owes no allegiance to any other power, authority, entity or person, but to \u2018His Majesty; The King.\u2019<\/p>\n

JURISPRUDENTIAL LEGACY<\/p>\n

Research has also shown that it has been long recognized by the \u2018Constitutional Monarchy\u2019 of the \u2018United Kingdom\u2019 that has established a \u2018Commission of Inquiry Act\u2019 [April 29, 1880]. Governing its \u2018Monarchial Domain\u2019 its jurisprudence speaks to; (a) \u2018Statutory Commission of Inquiry\u2019 with specific and stipulated \u2018Rules of Procedures; and (b) non-Statutory that allows for procedural flexibility within the United Kingdom.\u2019 Considering the \u2018Jurisprudential Legacy\u2019 passed on from colonialism, when the people attained their; (a) \u2018Political independence: (b) Sovereignty; and (c) Nationality, and have established their own system of governance,\u2019 democratic principles dictate that there shall be systems to address the issue of \u2018Public Corruption.\u2019<\/p>\n

MORIBUND COMMISSION<\/p>\n

In the nation of \u2018Antigua and Barbuda,\u2019 it has been an almost constant \u2018War Cry\u2019 for \u2018Transparency: Accountability; as well as Integrity in Public Life.\u2019 There have been enactments to address these, and a \u2018Watch Dog Integrity Commission\u2019 to address concerns raised by the people, though this \u2018Commission\u2019 may have \u2018Life,\u2019 it has clearly shown that it has not the \u2018Moral Integrity\u2019 to act without the \u2018\u2019Advice of Cabinet.\u2019 Though the enactments bear \u2018Lawful Authority,\u2019 likened to a toothless Tiger, it has not the incisors to bite. Should the unconquerable and feisty, but quiet \u2018House Speaker, Sir Gerald Owen Anderson Watt KCN, KC,\u2019 were to describe the \u2018Integrity Commission,\u2019 he might very well say; That is a moribund Commission.\u2019<\/p>\n

PRE-EXISTED LAWS<\/p>\n

Though still a growing democracy, constitutionally, the nation has maintained \u2018Existing Laws.\u2019 One such law has been the \u2018Commission of Inquiry Act\u2019 [Chapter 91]. From professional Law enforcement practice, most \u2018Pre-Existed Laws (Criminal\/Administrative),\u2019 were either so treated or left in their previous construction. This \u2018Act\u2019 was neither amended, nor replaced when \u2018Governor General, His Excellency, Sir Wilfred Jacob KGN, GCMG,\u2019 was commissioned to conduct the \u2018Revision\u2019 of then \u2018Existing Laws\u2019 [1992]. Whether or not \u2018His Excellency\u2019 then, was mindful of the role he might be called upon to play, he left \u2018Section 2,\u2019 that made it \u2018Lawful\u2019 to issue a \u2018Commission of Inquiry,\u2019 should circumstances so demanded.<\/p>\n

TRANSITIONAL PROVISION<\/p>\n

While \u2018Legal Loonies\u2019 rely upon \u2018Text Book Theories,\u2019 to offer \u2018Legal Opinions,\u2019 the \u2018Transitional Provisions,\u2019 speak to \u2018Existing Laws.\u2019 Instructively, in this jurisdiction that which is contained in the \u2018Supreme Law\u2019 (Constitution) states; \u2018The existing Laws, as from \u2018November 1, 1981,\u2019 shall be construed with such; (a) \u2018Modifications: (b) Adaptations; (c) Qualifications; and (d) Exceptions as may be necessary to bring them into conformity with; (i) \u2018The Constitution; and (ii) The Supreme Court Order\u2019 [CO: 1981: Schedule 2: Section 2 (1)]. In the case of reasonably suspected \u2018Public Corruption,\u2019 whether or not rightfully or wrongfully perceived, the population appears to have harbored the firm belief, that there shall be an authority to address the people\u2019s fears and concerns and such authority is so vested in the said Act.<\/p>\n

CONCLUSION<\/p>\n

It may reasonably be inferred that \u2018Legal Luminaries and Legal Loonies,\u2019 as well as some \u2018Legal Quacks,\u2019 appeared to have caused \u2018His Excellency\u2019 some uneasiness, anxieties and uncertainties. That which has been situationally provided for such course of action by \u2018His Excellency,\u2019 was to be contingent upon whether or not: (i) \u2018He deems it \u2018ADVISABLE; and (ii) (ii) In his \u2018OPINION\u2019 it is for the \u2018PUBLIC WELFARE\u2019 [COIA: Section 2: Chapter 91]. Even more instructive the statutory provision specifies that which shall be so targeted are: (a) \u2018The conduct; or (b) Departments of Government; or (c) Public officers\u2019 within the \u2018Government\u2019 [Section 2]. For instance, research has revealed an \u2018Indian Rationale\u2019 for \u2018Commissions of Inquiry.\u2019 It revealed that \u2018Among the purposes is to collect information with the view to decide upon a further course of action. This is necessary to \u2018meet a given situation or find correctives to given problems. Indian authorities mindful of a highly suspicious citizenry and the \u2018Public Welfare,\u2019 posited; \u2018It is a source of information for people\u2019 [Legal Service India: E-Journal]. Regional Governors General,\u2019 might wish to adopt the view taken by the \u2018Indian\u2019 authorities in seeking to quell citizens suspicions, concerns and fears, whether or not, perceptibly real or imaginary. ***<\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

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