STATEMENT ON GOVERNOR GENERAL’S POWERS TO SET UP A COMMISSION OF INQUIRY
Upon assuming office, the Governor General took an oath “to preserve the constitution of Antigua and Barbuda and the law” and “conscientiously, impartially and to the best of [his] ability discharge [his] duties as and do right to all manner of people without fear or favour, affection or ill-will.”
In the light of the debate concerning his powers to call a Commission of Inquiry into matters related to the circumstances under which certain African citizens arrived in Antigua, the Governor General instructed his office to secure independent expert legal advice upon whether he has a power to call a Commission of Inquiry in the absence of a request from the Cabinet (or a duly authorised Minister).
Accordingly, the Office of the Governor General engaged legal firm BDB Pitmans LLP, a reputable chamber with vast constitutional law experience at the level of the Privy Council, to instruct London based senior counsel, Gregory Jones KC to provide a written legal opinion.
In addition, the Governor General also separately instructed senior counsel, Allan S. Wood KC, based in the Caribbean to provide an opinion on the same question.
Acting independently of each other, both KCs came to the same view quite separately: namely, that it would not be lawful under the Constitution of Antigua and Barbuda for the Governor General to call a Commission of Inquiry otherwise than upon the advice of the Cabinet (or a duly authorised Minister).
It should be noted that this view also accords with a written legal opinion dated 18 September 2002, held by the Governor General’s office and obtained by the previous Governor General from a specialist independent counsel in London.
These legal opinions also accord with past practiceThe record shows that on all previous occasions when Commissions of Inquiry were established, they were only done upon the advice of the Cabinet.
Consistent with the principles of transparency and impartiality, the Governor General wrote by lettersdated May 24th and 25th 2023, to the Government and the Opposition respectively, setting out the legal position and enclosing copies of all three legal opinions.
For the benefit of the general public, the said legal opinions are attached for information purposes.
In summary, the inability of the Governor General lawfully to act alone in this matter is well-established.
The Governor General is bound by his oath of office to act in accordance with the established law.
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Not surprised. Every department heads… Comptroller of Customs, Commissioner of Police, Immigration Chief, Commissioner of inland revenue etc all answered not to the law but to the political directorate namely the Prime minister who hires and fired as he see fits. They are all rubber stampers. This is the reason and basis of all corruptions , department heads who knows not their roles and carry out their functions as overpaid puppets.
A sad state of affairs
Go to the head of the class @ Dion Pelle. Well observed.👏
An Antiguan through and through 🇦🇬
RUBBER STAMPERS? …NA-A-AH!
Not sure the ‘GG’ shall be so described.
CAN AUTHORITATIVELY POINT OUT:
(i) ‘…The Commission of Inquiry Act’ states: ‘It is ‘LAWFUL’ for the ‘GG’ to ‘ISSUE’ such ‘Inquiry’ if:
(a) ‘…He deems it ‘ADVISABLE: (b) …In his ‘OPINION’ for the ‘PUBLIC WELFARE’ [Section 2:
Commission of Inquiry Act: Chapter 91]:
(ii) …Executive Power is ‘VESTED’ in ‘His Majesty, The King, and ‘EXERCISABLE’ by:
(a) …DIRECTLY by the Governor General: or
(b) …Persons ‘SUBORDINATE’ to him (Cabinet Ministers)’ [Constitution Order: 1981: Section]: and
(iii) …While the Governor General in performing his functions ‘SHALL’ act on the ‘ADVICE OF
…CABINET’ or ‘…GENERAL AUTHORITY’ of a Minister as authorized by ‘CABINET,’ the ‘…Constitution Order’ also provides ‘an EXCEPTION.’
**************************************************
FOR ALL TO UNDERSTAND:
IT STATES:
‘…Where a ‘LAW’ so allows the ‘…Governor General’ to act ‘DISCRETELY’ [Constitution Order: 1981: Section 80].
HOLDS NO BRIEF AND HAVE NO ADVOCACY: GUIDED BY THE LAW AND CONSTITUTION.
SEEMS:
(i) ‘…The darn ‘GG’ was being cowed into believing that no such power resides with him.
(ii) …A ‘Private Legal Firm’ may provide any Governor General with ‘…Legal Opinions’ in his
‘Private Capacity.’
**********************************************
THAT WHICH SHALL BE KNOWN TO ALL A SUNDRY
Irrespective of the ‘…AWARD OF KING’S COUNSEL,’ to ‘…ANY ATTORNEY,’ they are ‘NOT’ the ones that provide ‘…LEGAL COUNSEL TO THE KING.’
Those so ‘…ROYALLY APPOINTED’ to do so are:
(a) ‘…The Law Lords and LADIES that are ‘APPOINTED’ and sit on the ‘…JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.’
************************************************
NOTE DIFFERENCES:
(i) ‘…KING COUNSELS (Awardees)- Recognized for ‘…Services’ to people/clients through the Legal Professions’ and not the MONARCHY.’
(ii) …KING’S COUNCILLORS -Body appointed by ‘…THE KING TO ADVISE HIM LEGALLY.’
The ‘…Governor General,’ needs ‘…NO LEGAL OPINION.’
All that a ‘…Governor General needs’ is ‘…LEGAL ADVICE’ from the ‘KING’S COUNCILLORS,’ not from ‘..AWARDEES OF ‘King’ Counsels’ and do not offer or render ‘…LEGAL ADVICE TO THE KING.
*****************************************************
AWARDEES OF KING’S COUNSELS:
(i) ‘…Sir Klare Roberts
(ii) …Sir Gerald Watt
(iii) …Justin L. Simon
(iv) …Dane Hamilton: and
(v) …E. Ann Henry
***********************************
THEY HAVE NEVER
These like those so ‘…AWARDED IN THE UNITED KINGDOM,’ have ‘NEVER’ sat on the ‘…PRIVY COUNCIL,’ and have ‘NEVER’ offered ‘…LEGAL ADVICE,’ neither to ‘…Her Majesty The Queen,’ nor ‘Her Son and Heir, now ‘…His Majesty, The King.’
The GG is acting according the CONSTITUTION. Now We can see that UPP Advisors are BOGUS. Why Justin Simon et al can never get it right. Hope this has exposed all the STUPIDITY of UPP. Shame on UPP. Cannot wait to hear from BRIXTONIAN , PITY and others. Eggs on UPP face. UPP still picketting ????
@ Pete, you are a typical labourite puppet that runs with anything labor party says! If they tell u jump u will ask how high….. I suggest u hold your side because u have no proof apart from what your puppet master tells you!! The real question should be; why on earth is the government so reluctant to have an enquiry if they have nothing to hide??… I guess u will never ask yourself that question because u are to blind in your thoughts. The fact is there is more questions than answers and the tax payers deserve to know!!
That’s how much you love your African Brothers; you don’t care for the families, especially those of the deceased, to get closure? It’s a round world, remember that.
In the same way that the people of UK when they appeal to the King for mercy or intervention expect to be heard, so also with His Representative in Antigua & Barbuda. The King is subject to the demands of his people, and so it should be in his realms.
Failing this the next step should be Caricom as this is a serious matter that impacts all Caricom.
I don’t know my name
May 30, 2023 At 4:42 pm
I know your name. You’re the one that ate folly bush and drank Cooks pond water.
You should have eaten widi widi bush instead
@ DION PELLE
How stupid you sound. This is the CONSTITUTION of ANTIGUA / BARBUDA. Wake up and smell the coffee.
So GB and his cult can do whatever unlawful deeds they want and we can do nothing to hold them accountable without their permission. What a joke. What a corrupt and dangerous place Antigua has become.
What is really the END GAME of the UPP! What have we achieved from all the Public Enquires of the past. One little poor account saw the inside of 1735!
The interest of the Antiguan public and the Africans is not the focus here….. its achieving power at all cost.
We have no money to waste! Wait your five years and represent your constituents and stop your foolishness.
DEXTER PELLE
DEXTER move to the head of the class. UPP MPS and SENATORS cannot comprehend the bills in Parliament. The Blind is leading the BLIND. Jamal Pringle is the Leader of UPP ( WHAT A BIG JOKE ). SHUGY SIMON keep His lips close so tight in Parliament it is a shame. Shugy Simon have NOT SPOKEN on a bill as yet. Serpent ( ALGERNON WATTS ) does NOT show in Parliament. We in St. George are very DISAPPOINTED in Serpent. He should not be paid. He would NOT win 2028.
Joan Salmon May 26, 2023 At 10:00 am
Rosemary May 26, 2023 At 10:12 am
Not So Common May 26, 2023 At 10:15 am
spin doctors May 26, 2023 At 12:27 pm
Asking May 26, 2023 At 12:34 pm
Not So Common May 26, 2023 At 12:38 pm
oversee May 26, 2023 At 1:39 pm
When will the Gaston Browne administration push for the illegal printing of Antigua and Barbuda passports case to be called 🇦🇬 May 26, 2023 At 2:34 pm
Brixtonian May 26, 2023 At 11:43 am
Renville May 26, 2023 At 11:57 am
Wanna bee May 26, 2023 At 4:08 pm
Frankly Speaking May 26, 2023 At 8:08 pm
Will all the above people please ensure that they get their copies of the legal opinions? And do not forget to give it to Justin Simon KC and his KC. Ann Henry.
Perhaps you are now educated and will make educated comments from now on.
Now my question remains: Is it so strange why Justin Simon, when he was our Attorney General, lost so many cases?
Well, well, well, what an absolute surprise. Tarl!
Governor General, what a DISSERVICE and a DISGRACE to the citizens of Antigua & Barbuda. You have shown that your position is just ceremonial and not fit for any purpose.
All your pomp and ceremony was just that!
Dressing up in your OFF-WHITE suit with your ceremonial sword at your side, and adorned with medals (from Lord knows where) and now towing the line for Gaston Browne, and the Privy Council in London.
GG this was a great opportunity to show Antiguans that you were going to put the country first … and you blew it BIG TIME!
You can hide behind all the LEGALESE (here and in London) as much as you want, but you ‘fraid the Prime Minister will remove you from your CUSHY and COMFORTABLE position.
Remember Governor General, Dawg whe eat egg neva know when fi stop …
@ BRIXTONIAN
Brixtonian…How DUMB can you be ? This is the constitution of Antigua / Barbuda. You a very deceitful Person and never make any sense. Brixtonian is as STUPID as the UPP MPS and SENATORS in Parliament. Not even UPP legal ADVOSOR can get it right. Brixtonian you are a DISGRACE . You should stop posting your crazy narratives. Brixtonian FIND A JOB YOU SNAKE.
Waiting for Mr. Pompey..He also get it wrong. Very deceitful.
‘Persona non grata’ PETE …
@ Pete, Deter Pelle, you guys are empty vessels with the most noise!! You make no sense so there is no point in saying much to people who reminds me of a doorknob. We all know u are singing for your supper but the fact remaine, we the tax payers who yall feed off from has a right to know what the hell is going on in our country!!
Ms Lake Tack…..was the worst GG to walking into GG residence….most Bias and wasn’t afraid to wave the UPP colors.
Would going Republic makes any difference or it’s to remove the king …
So let’s get real under the UPP with Lake Tack or Tack Lake was the same or worst….but we tends to forget..! The Queen must have been a shame of her.
But his position is really just that…..
ceremonial.
According to my good Friend DONNA CHAIA..How can a LEARNED LEGAL mind JUSTIN SIMON could NOT Interpret this LEGAL BRIEF. This is amazing. What is going on with UPP.
@ Gel, talk is cheap…. it would be a sin to categorized Justin Simon’s intellec and qualifications to Donna Chaia!
Do true no comparison there
Justin is a well renowned KC, meaning Kiss Ass of a lawyer, while Donna is not. She is a well established business woman.
Wow… so when the former GG knighted everyone but the kitchen sink b4 she left that was no disgrace 🤔? But now that the present GG sat with the opposition and went and sort… not 1 but 2 independent KC’s advice… and only spoke of the issue when he was properly advised… n he’s the disgrace?? UPP u all are seeming really desperate. Please 🙏 stop with these witch hunts and show us how u will do BETTER!!!
@Pete, to answer your question his inability to proberly think has no limits. There they were argoing the government would never state who provided the opinions not relase the opinions. Now watch them turn on a dime and try to find some other excuse for their biterness. Even UPP stalworths know Justin Simon was a failure. He was wrong more times that he was right. Then there was the other Kings counsel who often wrongly advised the then UPP government. Remember when she (simon also) told them they would not lose the Data tan matter and then lose they did. We then had to end up paying more than just his legal fees (over half a million ec) before he then sent back the difference he owed.
“a) The Company had on 2 October 2007 announced that following the arbitration proceeding in the United Kingdom
between its wholly owned subsidiary, Asian Village Antigua Ltd. (“AVAL”) and the Government of Antigua & Barbuda
(“GAB”) pertaining to AVAL’s land ownership dispute in Antigua & Barbuda, the Tribunal delivered its award as follows:-
(i) AVAL continues lawfully to hold the AVAL land;
(ii) GAB is liable to pay AVAL a total of RM912,000 (US$268,137.54 equivalent); and
(iii) AVAL to pay to the GAB the balance purchase consideration of RM13,600,000 (US$4,000,000 equivalent) less the
said sum of RM912,000 (US$268,137.54 equivalent) awarded to AVAL in (ii) above i.e. net sum of RM12,688,000
(US$3,731,862.46 equivalent) for the AVAL land.
AVAL had on 8 January 2008 settled the net sum of RM12,688,000 (US$3,731,862.46 equivalent) with GAB” see their (Johan Holdings Berhad) 2008 audited financial statements
Who is the judge of who is wrong or right in his or her interpretation of the constitution.
ABLP go so! White man and Chinese.
UPP go so. Black pickeyhead people.
Rodney Williams is straight from the bowels of labor, so…..anyone surprise?
If anyone would have considered hiring Justin Simon as their lawyer, this should make them rethink their consideration. I believe the KC title was bought. Otherwise I question the value of it.
The constitution on public enquiries is clear. Don’t know how much these KC were offered, but they seem way off. @Pete and the minions are full of chat now, but they can not escape the inquiry called by Carlisle and what it unveiled inspite Lester Bird’s objections. We know the Labourites are among the lower echelon of society and are incapable of rational thought. Same for the political prostitutes who feed at the troughs. This is not the constitution @Pete. You were shaking in your boots, but alas, Rodney Williams, whom you threw under the bus with the embargoed Moderna, is another spineless individual, obeying orders from the political directorate instead of following the law.
I have read the constitution several times and it beats me how KC’s could draw the erroneous conclusions they did. Oh well. The love of Money is indeed the root of all evil. As concerned citizens, we will never let this rest.
” … As concerned citizens, we will never let it rest”.
Well said @ Watching. It may take a little longer than we expect (but then again, rooting out corrupt practices always have been), but the hardworking Antoguan people will continue to seek out transparency; integrity and accountability – this has to be pursued!
Ministerial codes of conduct have not been followed and regularly breached over and over again by this nefarious government in the last 12-13 years; and autochthonous Antiguans are NOW sick and tired of being sick and tired of these “CLOSED SHOP” politics.
We’re on the right track @ Watching, enjoy your day … 🤜🤛
would you believe that JUSTICE won? For real! That episode occurred in the USA.
In light of circumstances (illegal migration, deaths etc.) is it justice to ignore the circumstances?
UPP lack Leadership. What protest…We have been doing protests over and over, protest does not work. Pearl Quinn for Leadership of UPP. Jamal Pringle is a Laughing stock to the general public. Pearl is DYNAMIC woman and smart.
@ Jean
Thanks for your unwarranted opinion. Go and advise the ABLP that you support🤣🤣
u r nothing but one of their minions
Congratulations. You are finally realising you have a dictator in the form of Gaston Browne. I hope you love who you voted for and she will give you what you need. She has admitted she padded her constituency in order to get enough votes to win and yet nothing is done or can be done about that.
The biggest scam with the Nigerians flying into our country in the middle of the night during the closed hours of our international airport without the proper visas and then using our country as a hub to get to other countries IE the US and the GG can’t do a thing about it. In return, they were to vote for Gaston Browne to make sure she wins her seat.
Nigel Christian’s murderers have yet to be brought to justice and I am not talking about the three idiot scapegoats the govt is paying to take the fall. I am talking about the real murderers. They couldn’t even find four people to take the fall. We know politicians in high places are responsible for his kidnapping and execution.
Then you have the kidnapping and human trafficking of Mehul Choksi in an attempt to get him off the island. Epic failure by Gaston Browne.
As finance minister, she Gaston Browne said, she didn’t even know what the status of FTX headquartered here on our island was. She claims ignorance to any information about their operations. Worse yet, she is the PM of our country and she still claims she had no clue what was happening. We know she went to the Bahamas with a certain middle easterner to visit good old Sam Bankman-Fried.
The fat pig AG being sued for fraud.
All this happening in our country and the GG can’t or more likely won’t do a thing. What then is the role of the GG? Why are our tax dollars being wasted to pay his salary? In essence, the GG is nothing but a eunuch.
Welcome to your dictatorship govt. I hope you are happy with your votes. All I can do is sit back and laugh at how nice of a lavish lifestyle Porkston Browne is living while you that voted for her can’t even put food on your tables much less pay your bills. She sure is living up to what she said to her cabinet and that is the practice creative self enrichment. By the way, is she sharing her riches with you the voters? How much steak and lamb have you eaten lately? How are those bottles of wine?
You have a few more years with her before you can vote again. Or you can call a no confidence vote and her her ass out of office. I am guessing that you voters are happy with things the way they are and will vote for her again.
Absolutely correct @ Your, Antiguans are known as political lightweights around the world, and this mindset has to change forthwith for the betterment of our children’s future.
I’m in agreement with you that we have a DICTATOR in charge of our country.
SAD, BUT TRUE …
The Labourites windbags may continue to blow hot air and in so doing fail to smell the coffee that is brewing:
The country does not trust nothing that comes from the ALP regime.
The GG has repeatedly and consistently demonstrated his political persausions. It was not so long ago the GG supported the views of his PM with referring to the PM’ migrants as our “brothers and sisters” ,he further appealed to the people of Antigua and Barbuda to embrace them, in other words he was asking us to over look the wrong doings of his PM and the PM’s, “tight” friend Olabanjo.
Incidentally, let’s not forget or overlooked that Olabanjo declare on Observer Radio that the PM’s migrants were brought to Antigua to increase our population!
Olabanjo avoid answering questions on Observer Radio and became irate when asked what was the function of Antigua and Nigeria Commerce, he couldn’t, nor did he answered the questions, instead he became rude and abusive, why, what was he hiding, why could he not answer simple questions? It is those skeleton that needs to be discovered.
Seemingly a view shared and embraced by the GG. The early morning and out of hours of normal operations of the airport facilities evidently appeared odd to the GG.
The GG cannot have his cake and eat it: He cannot opt in and out of politics as or when it suits him and when it does not suits him find himself firmly tied up in legal wrangling.
The Labourites are blinkered and can’t see the foolishness of their paymaster or masters. I support the pickets because Antigua deserve better than what ALP is dishing out, they are accountable to the people and the reds are not speaking out.
I belong to Serpent consistency, Blizzard to be exact and I can declare wholeheartedly I am very satisfied with Serpy and his good work that he is doing for his consistency, which is far more significant than when barmey DJ was the rep.
In addition when Barmey DJ was the rep he et al went around Blizzard and wilfully taken a sledge hammer and destroy the water pipes,which is causing misery to those households that cannot afford to have direct water supply. How could we ever go back to that level of misery and torture?
Maybe, UPP, Amnesty International and other charity organisations could be approached to independently investigate from West Africa to Antigua to determine the facts around the presence of the PM and the GG’s asylum migrants.
Long live democracy, keep up the picketing UPP, members from civil backgrounds wants answers.
There’s a group on Facebook: Supporting Democratic Socialism they would be interested to determine the presence of the PM’s migrants. They might be able to establish a campaign to raised the necessary funds to investigate what ALP is refusing to do.
Hmmm! An interesting development @ Antigua4ever, I’ll look more into this … 👍
@Jean dares to speak of leadership? The ALP farce of a leader in Gaston Browne is falling apart. There are stirs of ridding the party of this clown. Deal with the party you support first.
Folks, Ghandi was on to something that Antigua and Barbuda desperately needs when he said,” civil disobedience becomes a sacred duty when the government becomes lawless and corrupt. ” We have the most corrupt version of ALP led by Gaston Browne and the country needs to rid itself of this scourge. Permanently. Nothing short of this will do.
You heard the man
“civil disobedience becomes a sacred duty when the government becomes lawless and corrupt. ”
Stay woke at all times. Wake up my people
It’s quite clear, as “snow in salmon,” that…
1…Our government operates like a Cosa Nostra Family(Our Thing).
(i)…all one has to do is join or be recruited into this Mafia Style Family(ABLP, UPP and the other #wanna_bees), and offer them either yourself, family or children, as sacrifice, and you’re in.(the UPP ship jumpers fall into this category).
(ii)…from Vere Bird Jnr(Bloom Cooper Enquiry where he was found unfit to hold public office, yet the People returned him to the same Parliament. Next to Asot, Gaston, Lester etc and the IHI investigations, again, the PEOPLE didn’t do shit, except keep taking BRIBES & TRINKETS to keep propping up these GANGSTERS and CROOKS.
2…the office of the Governor General, the representative of the Harlot’s and Adulterous Throne does not serve, the best interests, of the People of Our Nation.
3…All of the funds spent on the upkeep, of this charade, could be better spent on programs, to assist and educate our people, to be more productive citizens of Our Nation.
As for this latest fiasco with Antigua Airways and those illegal charters coming into Antigua out of Africa, why would anyone one think, that a COSA NOSTRA FAMILY will bring charges against itself.😃😃.
The UPP had its golden chance to break up thus style of governance with the Lindquist Report, but instead they buried it under REFONDA.(allegedly, because some members of the UPP were found to be involved, as well).
Therefore, it’s not surprising as to what is happening.
Ras Smood aka Jumbee_Picknee
De ‘ole Dutty Peg🦶🏿Garrat_Bastard
Vere C. Edwards
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