FURTHER STATEMENT ON GOVERNOR GENERAL’S POWERS TO SET UP A COMMISSION OF INQUIRY
His Excellency Sir Rodney Williams, Governor General of Antigua and Barbuda previously sought three opinions on the authority of the Governor General to initiate a commission of inquiry.
The opinions from Messrs Gregory Jones KC and Allan Wood KC were shared with the public last week. The third opinion from Mr. Luis Franceschi, the Senior Director of Governance and Peace Directorate of the Commonwealth Secretariat, has now been received and is hereby attached.
It is noted that the opinion which is in keeping with the two previous submissions released last week, concludes as follows:
“Therefore, the power to initiate a commission of inquiry would ultimately rest with the government or Parliament, not the monarch and therefore not the Governor General and it is our opinion that the Governor General would be overreaching its delegated powers by initiating a Commission of Inquiry on his/her own volition.
Thus, the phrase ‘whenever he shall deem it advisable’ finds its application not as the trigger of a COI on the Governor General’s own volition, but only in the manner and modalities a COI may be established on the advice received from Parliament or Cabinet, and it is our opinion that this matter should be referred to Cabinet or Parliament for resolution before it is brought to the Governor General.”
Luis G. Franceschi is the Senior Director of the Governance and Peace Directorate, Commonwealth Secretariat. He was the Founding Dean of Strathmore University Law School, regarded as one of the most reputable and innovative law schools in Africa. His area of expertise is the convergence between Constitutional Law and Public International Law. He has also been a legal advisor to several national and international government agencies, commissions, and programmes, including international courts, the UN and World Bank.
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The GG can get 10 more opinions because that’s is all they are opinions.
An opinion is neither the truth or factual, it’s a personal interpretation of something.
The two opposing lawyers in court have their opinions, however the most convincing will win and his win had nothing to do with truth or fact.
GG please ask E Ann Henry for an opinion.
IT IS IMPOSSIBLE FOR THE GOVERNMENT TO CALL A ROYAL COMMISSION OF INQUIRY.
OPINIONATED – …NONE ADVISORY: …THIS SEEMS TROUBLING: …FOR VERYTHING:
LONDON PRIVY COUNCIL TO GO
Holding No Brief.
None of them can show where ‘SECTION 80 with the ‘…EXCEPTION’ is wrong: and
NONE can show where SECTION 2′ of the ‘…Commission of Inquiry Act’ is showing where it is ‘….UNLAWFUL.’
THEY ARE ALL ‘…OPINIONATED,’ NOT ADVISORY.
THIS SEEMS RATHER TROUBLING TO THE NATION,
NOW: ‘…If it is to be understood, then it must be the ‘…DIFFERENCE’ between:
(i) ‘…An Opinion: and
(ii) …An Advice.’
SIMPLY PUT:
The former- PLEASE, give me ‘…YOUR PERSONAL OPINION.
This is really to ‘…Solicit views -legally or otherwise of ‘…Third Parties.’
Likened to going to one ‘…Medical Practitioner’ to speak to a condition: Then visit another to see if both are expressing the same views or saying the same thing.
The latter- ‘ADVICE,’ is to ascertain ‘…WHAT SHALL BE DONE.’
To say to the person/ADVISER:
‘…This is my difficulty: …Please tell me what to do.’
Clearly, Sir Rodney has no interest in ‘…ADVICE.’
If he was, ‘…His Excellency’ would seek it from ‘…His Majesty’s PRIVY COUNCILORS’ through ‘…Buckingham Palace.’
Going to:
(a) ‘…The ‘Commonwealth,’ which is no longer ‘BRITSH:
(b) …All the Universities and Law Firms in London: Canada Australia’ that does not ‘ADVISE’
His Majesty: then to
(c) …University of Guyana:
(d) …Mona Campus:
(e) …St. Augustine:
(f) … Five Islands: and as near as:
(g) …Redonda and Barbuda Universities,’ would be likened to ‘…SPINNING TOP IN MUD.’
BAD FOR EVERYTHING:
Transparency:
Accountability:
Integrity:
Democracy:
Citizenry: and
COUNTRY.’
The Policy is independent from the executive Mr. Pompey. You were a Commissioner of Police. Yet the Prime Minister asked for your head and many others. All of you were sent home in one night. Who gave the Prime Minister such powers to cross the independence of the Judiciary and send them packing. And can the Police Commissioner on his own investigate the Administration. The Executive?
Mr. Pompey you are losing your marbles if you ask me. Don’t turn color bind. With that much knowledge of both having been a COP and a legal luminary I really expected better from you. Same way I expected better from Justin. Since he is a KC and a former AG. But like with everything Politics colors our brains. And makes us look stupid.
You sound foolish
Bwoy, Labour running faster than Usain Bolt away from this Commission of Inquiry. They fraid no hell of any investigation into Antigua Airways. Something must be there for them to be afraid of. If there is nothing there to find, why they running NF?
The opinion that matters is that of the PRIVY COUNCIL if necessary.
Remember when a D.P.P. was saying that the Commissioner of Police could not charge a Member of Parliament?
Remember what the ‘Appeal Court’ was saying about the same matter?
What happened when the matter was ruled upon by the PRIVY COUNCIL?
Let’s get this legal challenge going U.P.P.
Well, the Barbudans got the opinion of the Privy Council and still they hold on to the myth that the land is theirs. So, what makes you think that the UPP will respect the ruling of the Privy Council?
What an absolute palaver, and a total avoidance of scrutiny by this terrible nefarious government.
This reminds me of a brilliant quote by Frédéric Bastiat:
“Government is great fiction, through which everybody endeavours to live at the expense of everybody else”
ABLP, IF YOU’VE NOTHING TO HIDE, THEN GO AHEAD AND COMMENCE THE ENQUIRY – BECAUSE THIS ISN’T GOING AWAY ANYTIME SOON …
This to my Friend Jamal Pringle. Please take note of the following..
Jamal is the BIG Boss of UPP. Your CONSTITUENCY is a sure seat for UPP. Do not allow anyone in UPP to push you around. No other seat in UPP will be re-elected for UPP. Your sear is sound. Jamal act like a leader. Get rid of D.GISEL ISAAC, HAROLD LOVELL and bring young Persons in the UPP.
Never give Franz any position in UPP. Franz will never be elected in St. John City South. He is an AWFUL Person.
Remove Shawn Nicolas from the Senate. She is not touring UPP line. She voted against the UPP for the Cancer centre. What a shame.
Jamal take control of UPP before you are voted out at the next convention in June or July 2023. Show Them you have balls. Will tell you more when We meet.
@ POLO
I would suggest you give advice to Cutie, Gaston and the Commissioner of Police who needs advice in solving the sordid state of affairs of crime in the country. You minions DO NOT HAVE ANY SHAME, considering that you are an illegitimate BUNCH.
Go and advice the 3 amigos, lol.
Wait if the GG does not know his function why don’t he ask the King?
He need 10 more opinions……waiting for the breaking news that he advised his PM to make preparation for the inquiry.
What a joke.
This opinion came straight out of Africa.
Do you think Marvelous Mike was instrumental here?
Are the KCs in Antigua all duncyheads?
Wow wow wow I don’t think that we will get an inquiry unless we the people continue to protest another move where ever the Governor General is present it must be disrupt we must disrespect his office until he call the inquiry
When are the UPP and Supporters will stop Their NONSENSE. Three legal scholars now have demonstrated and advised Governor General on this issue. The UPP and SUPPORTERS are looking really STUPID. There will be NO inquiry. Why the Government should waste money on stupidness. I am disappointed in Mr.Pompey because He knows different than the others, Why Mr. Pompey is going down the wrong road is besides me. Mr. Pompey please stop your NONSENSE.
BRIXTONIAN,MELCHESIDEC will always remain fools. Stop this NONSENSE NOW.
@ PRIM
you sound just like your INSANE leader: aka CRAZY
Seems like Brixtonian strikes again @ PRIM and I’ve got the Gastonites on the back foot – as always!
Here’s another quote that’ll get you RETCHING on your bullfoot soup 🥣:
“When PLUNDER becomes a way of life for a group of men [or women] in society, over the course of time they create for themselves a legal system that authorises it and a moral code that glorifies it”~Frédéric Bastiat
SOUNDS FAMILIAR DOESN’T IT PRIMY?
ENJOY YOUR SOUP … HMMM!
MORE GASTONITES PLEASE – ROLL UP, ROLL UP …
LED BY THREAD?: SHEER IGNORANCE
AH HA! …NONSENSE?: …TAME AND WILD GOATS: …FIRMLY AND SOLIDLY-STANDING
This is neither:
(a) ‘…An OPINION: nor
(b) …An ADVICE
TAME OR WILD:
Without fear of insult, nor seeking to insult the intelligence of any ‘PERSON’ nor to convince any ‘…GOAT-TAME OR WILD.’
Unfortunately, there are some ‘GOATS,’ particularly, the ‘TAME’ ones, that have been easily ‘…Led by Thread.’
NOW:
Should you see ‘…Rawlston Pompey’ as a ‘…GOAT,’ and sometimes some ‘IDIOTS’ believe so.
WELL, he is very much a ‘WILD’ one.
STANDING:
The comments of ‘Rawlston Pompey’ ‘STAND FIRMLY AND SOLIDLY’ on:
(i) ‘…Existing and applicable Statute Law: -‘…Commission of Inquiry Act’ [Section 2: Chapter 91]: and
(ii) …Constitutional Provision- [CO: 1981: Section 80].
NONSENSE:
If these ‘Provisions’ are carefully read and understood,’ no ‘GOATS’ -Tame or Wild,’ could easily be ‘…LED BY THREAD.’
Show readers, ‘ME,’ too, in this ‘…THIRD OPINION’ where these ‘…PROVISIONS’ are mentioned.
@ RAWLSTON POMPEY
Mr.Pompey stop your damn LONGWINDED writing. I sure you DO NOT understand your own writing. You want to sound INTELLIGENT / SMART which you’re not. What ever book you copied….is not working for you.
Write that even the legal luminaries can understand. Please guided accordingly.
What the hell JOAN and KNIGHT( Observer Radio ) will talk about now. It is time for Them to shut Their damn mouth on this topic. There will be no INQUIRY.
BRAWLING Joan sounds like she is at the FISH MARKET. Joan is going crazy because She cannot jet off to the Virgin Islands for brunch as accustomed under previous administration. Joan will remain single no man will associate with BRAWLING , LOUD MOUTH JOAN. Get a life. You are a DISGRACE to OBSERVER RADIO.
@ GEL
you sound just like your INSANE leader: aka CRAZY
This to my Friend Jamal Pringle. Please take note of the following..
Jamal is the BIG Boss of UPP. Your CONSTITUENCY is a sure seat for UPP. Do not allow anyone in UPP to push you around. No other seat in UPP will be re-elected for UPP. Your sear is sound. Jamal act like a leader. Get rid of D.GISEL ISAAC, HAROLD LOVELL and bring young Persons in the UPP.
Never give Franz any position in UPP. Franz will never be elected in St. John City South. He is an AWFUL Person.
Remove Shawn Nicolas from the Senate. She is not touring UPP line. She voted against the UPP for the Cancer centre. What a shame.
Jamal take control of UPP before you are voted out at the next convention in June or July 2023. Show Them you have balls. Will tell you more when We meet.
@ POLO
I would suggest you give advice to Cutie, Gaston and the Commissioner of Police who needs advice in solving the sordid state of affairs of crime in the country. You minions DO NOT HAVE ANY SHAME, considering that you are an illegitimate BUNCH.
Go and advice the 3 amigos, lol.
@Prim and GEL, continue your mudslinging and character assassinations. The Constitution is as clear as daylight on this subject of public inquiry. Concerned citizens will not rest nor leave this alone. Rodney Williams can come up with a million “opinions”, it does not matter. The man is just trying to please the political directorate. Wonder if calls have been made accompanied by a few threats? There is something rotten about this Gaston Browne government.
The African saga is just the beginning.
@Watching- This was Justin Simon’s opinion when UPP was AG:
“Mr. Simon begins by giving an overview of the appointment of the Commission of Inquiry with James Spigelman A.C., Esq., Chief Justice of New South Wales, Australia as the sole Commissioner. According to Mr. Simon, the Commission was duly issued and appointed by Her Excellency the Governor-General “on the considered advice of the Cabinet,” in accordance with the law and having regard for and to serve the public welfare of the people of Antigua and Barbuda,?..” see CLAIM NO: ANUHCV 2009/0444
Yep now he is no longer AG, the GG no longer requires cabinet to advise the GG
It’s just pure disrespect to call the good gentleman by his name as if he is just an ordinary citizen. Can you bring it in yourself to say Sir Rodney Williams? Or Governor General Dr, Sir Rodney William.
FTS, RODNEY WILLIAMS is just another laborite who don’t care about Antiguans and Barbudans.
Opinions from Jamaica, England. Africa.
What happen to the opinions of Antiguana and Barbudans
People were brought in illegally, and the ones who were legal,they also over stayed their visit, subsequently some of these very same people died, and who is responsible for bringing in illegal persons answer to no one? I’m sure right now St Kitts is looking for answer’s just like all of us because the fiasco came hard to their shores, and no one to blame or held responsible here? This is not good for Antigua,and will come back to bite,trust me.
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