In an interview on Saturday on Pointe FM, Prime Minister Gaston Browne expressed concerns about Shugy’s flawed resignation.
He pointed out significant legal issues and expressed his intention to delve into the details at a later time.
Browne also highlighted the Speaker’s involvement in overseeing the resignation letter.
Browne criticized Shugy’s inability to properly secure a nomination, resulting in a violation of laws and subsequent disqualification.
He attributed these blunders to the incompetence within the UPP organization.
The Prime Minister noted that Shugy’s claimed resignation lacked effectiveness and seemed to be an attempt to circumvent an upcoming litigation.
The litigation encompasses two probable causes: either Shugy vacates the seat due to improper nomination, or the Labor Party contender, who garnered more votes than the DNA contender, is declared the winner.
Browne drew parallels to a race where the winner would be disqualified for rule violations.
Similarly, Shugy’s inadequate nomination renders him ineligible as a legitimate candidate.
The litigation seeks to vacate the seat and declare Samantha Marshall, with the second-highest number of votes, as the rightful winner.
Additionally, there is the question of whether the seat will be nullified, leading to by-elections.
Addressing the election timeline, Browne clarified that the Prime Minister holds the authority to set the election date.
He explained that the 120-day election period might not align precisely with the advocated viewpoints, contingent on the acceptance or challenge of Shugy’s resignation by Samantha Marshall in court.
The Prime Minister emphasized that the time for the election would commence from the court’s decision if a challenge were presented.
Browne recognized the significance of these issues and questioned the source of authority behind certain demands.
He dismissed Shugy’s call for an immediate election and highlighted the need to avoid rushing into by-elections, considering the ongoing court case.
Browne expressed confidence in the ability to resolve the litigation within a few months based on legal advice received.
Furthermore, he criticized Shugy’s attempt to evade the court’s decision by forcing a resignation, rendering the election petition irrelevant.
Browne acknowledged Samantha Marshall’s determination to pursue a resolution through the High Court and emphasized the importance of allowing the court case to continue.
In response to assumptions about the resignation’s legitimacy, Browne stressed that the court case would proceed before any resignation takes effect.
He cited a lawyer’s opinion suggesting that the filing of the resignation does not conclude the litigation, indicating a likely continuation of the court proceedings.
Browne expressed belief in Samantha’s willingness to challenge the resignation.
Overall, PM Gaston Browne highlighted the flaws in Shugy’s resignation, discussed the election timeline, and expressed confidence in the ongoing court case, while affirming Samantha Marshall’s commitment to seeking justice through legal channels.
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PM Browne as usual is talking pure nonsense. It is all politics. What is the procedure for an MP to resign from Parliament? The procedure for an MP to resign from Parliament is provided by section 125 (1)(b) of the Constitution. All that is required is that the MP declare his intention to resign in a letter and submit it to the Speaker. Shugy has done just that. In other countries such as Canada the resignation letter must be signed by two witnesses. That is not a requirement in our case. The Speaker of the House can investigate all he wants and seek whatever advice he wishes, but nothing can invalidate the resignation letter of MP Kevin “Shugy” Simon
@C. Tabor- Boss under normal circumstances you may be right, but this matter is in court and as a lawyer you should know better. The decision re denying the injuction makes clear that Shugy has disrespected the courts and persons who wrongly voted for him. Find it telling that you guys are also trying to use section 41 re by-election but ignore the fact that Shugy does not meet the conditions stated in subsection 1 (yes maybe subjection 2 but there is an issue with the way its written). In the same section it makes clear someone cannot be removed once they have not exhausted their appeals hence why would you think the inverse is not the same? Charles, Shuggy has a live matter before the courts, until its heard or the matter settled, he must await the judgement of the court on whether he is /was qualified before section 41 can be considered. As usual UPP jumps the gun.
NB: There is something wrong with the way 41(2) is written the way it clumsily refers to itself makes it seem as if a subsection is missing
@ tenman
To give you guys a chance to rule in favour of Samantha. At the END OF THE DAY, THE PEOPLE MUST DECIDE, NA MATTER HOW YOU TWIST OR TURN IT, IT IS THE PEOPLES DECISION AND I WOULD LIKE TO SEE A JUDGE DECIDE OTHERWISE.
@Unwise I wonder if you will really stand by your statement? When UPP lose they often disrespect the people choice. Anyway the people choose but one of the candates knowingly broke the rules, as in everything in life, the trophy needs to go to the person with the highest tally who followed the rules. Maybe Sugy come 2028 will finally be ready to compete by the rules
Fu***** you all are bias as hell.
The people voted who they wanted.
Why you all don’t go fix the country and stop all this power play BS. Are you to bamn hypocrite.
TENMAN you guys are really confused. What injunction is Shugy disrespecting? An injunction was brought by Samantha’s legal team to prevent Shugy from taking his seat in Parliament and they lost. The issue now is whether Shugy can resign his seat in Parliament. Yes Shugy can resign his seat in Parliament even though a case on the legality of his election is before the court. In some other jurisdictions such as Canada he could not since their law forbid it. Their is no law in Antigua that prevents him from resigning.
@ Tenman: I do believed that Gaston Browne suffers from psychosomatic.His mind and body are at war.
.
Shugy or any member has all right if he wish to resign as a member of Parliament…! My question: did he resign because of the accusation that he was not duly nominated? If the court ruled he was not duly nominated to be a candidate should that affect the candidates? So are we saying without rhyme or reason that parliamentarians can resign…trigger a BI-ELECTION and put himself up for re-election? Just asking!
I’m sure the public would be honored if you Mr. Tabor as a learnt student of the law or any of your colleagues can bring clarity to: if members of Parliament for whatever reason resign …vacate a seat ..trigger a BI-ELECTION and then contest that very election.
MPs can resign without rhyme or reason, yes. Being elected is not a be all end all job. It’s like you getting hired and then resigning from your post. Now like you said, the issue will be if his nomination is found to contravene some election law and if that would bar him from contesting in future elections.
With that said, Shugy is a novice. He was confirmed as candidate 5+ months before the elections. Election data was announced in December. Nomination day was some 2 weeks after the date was announced. He had ample time to resign, but he foolishly decided to test the system or maybe he wanted the little pittance of a December salary. If this goes against him, he and the party only have themselves to blame.
Yes they can. Very simple answer to your question.
Most of them too fraid. Mek Melford try it nuh.
Ah fraid them FRAID now, after saying they glad.
Hence all the delay tactics. Running scared AF
PRIME MINISTER AND LAWYER’S OPINION: …ANY GOAT-HE/SHE
Not getting entangled in any ‘Debate’ between ‘…Prime Minister and Lawyer.’
But ‘…Any Goat- He/She’ that can read and understand the ‘Constitutional Provision’ contained in ‘Section 125’ would see the ‘PROCEDURE’ that:
(i) ‘…Senate President:
(ii) …Vice President:
(iii) …House Speaker:
(iv) …Deputy Speaker:
(v) …Members of the Senate: and
(vi) …Members of the House’ shall follow.’
[Constitution Order: 1981].
COMMENTARY COMING SOON:
SHUGY THE APOSTLE – PLAYING WITH THE DEVIL’
Blessed Sunday.
Well said Hon. GASTON BROWNE. Who the hell is Shugy to decide a BY-ELECTION before the court render the decision. shugy should be ARRESTED for CONTEMPT of court. I wish He would stop taking STUPID advice from CHAKU , D GUSEL ISAAC and HAROLD LOVELL. UPP are devil WORSHIPPERS.
@ GEL POPS (or whatever the hell your name is)
YOU AND GASTON BROWN AND THE OTHER MINIONS LIKE 10 MEN ETC CAN JUMP HIGH AND JUMP LOW AT THE END OF THE DAY, NO JUDGE CAN DECIDE THE FATE OF THE PEOPLE OF ST MARYS SOUTH……THIS HAS TO BE DECIDED BY THE PEOPLE OF ST MARYS SOUTH….IT IS OBVIOUS YOU GUYS WANT THE SEAT BY ‘STEALTH’- SHOWS THAT YOU HAVE NO CONFIDENCE IN SAMANTHA, BECAUSE YOU KNOW SHE IS A SURE BORN LOSER- LET ANY JUDGE AWARD THE SEAT TO HER—THEN IS WHEN THERE WILL BE CIVIL UNREST IN THIS COUNTRY YOU BUNCH OF LOSERS.
Kelvin “Shugy” Simon
My Friend Tabor you got it wrong again. You cannot resign from Parliament without the Speaker investigate. After the investigation then the Speaker would render His decision. Tabor wake up and smell the roses. Advisors like You and CHAKU are responsible for Shugy dilemma.
@ ERIC (THE RED)
Tabor got it wrong, just as how you got it right in the election results: 17-0, that caused you to go into hiding?
NOBODY TAKE ANYTHING YOU SAY SERIOUS ANYWAY.
Eric (The Red) please tell me what investigation the Speaker has to do? Does he have to investigate to see if the resignation letter is from Kelvin. Simon or some imposter? Please wake up and stop posting nonsensical comments.
@ Charles Tabor
🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣 – am cracking up for your response to ERIC (THE RED)- THE ABLP ACOLYTES KNOW EVERYTHING-THEY ALWAYS RIGHT AND EVERYONE ELSE IS WRONG: APART FROM WHEN THEY ARE DUPED, LOL, BY MARVELOUS MIKE. WHAT A BUNCH OF SICK PEOPLE.
@ Gaston
Why don’t you and Cutie change the law and backdate it as you are wont to do to justify your supposed actions.
try and try again boy till you succeed at last.
DESPERATION, JUST LIKE TRYING TO AVOID THE ENQUIRY
Samantha Marshall will NOT get my vote or that of my family and most of the voters in St. Mary’s. She lost, no one wants her back. Stop being a dictator and let the people have a voice. Because you know she will lose in a by-election you’re going to just put her back in a job she failed at? Anything to hold on to your minions. I’ve lived in St. Mary’s for 12 years and I’ve never seen or met that woman. The one time I called on her for help she never got back to me.
SO NO MR. PM, WE’RE NOT GOING TO SIT BACK THIS TIME AND DO NOTHING. YOUR GOVERNMENT IS CORUPT. YOU WORK AT ENRICHING YOURSELVES LEAVING LITTLE TO IMPROVE LIVING CONDITIONS OR THE LIVES OF THE POOR PEOPLE OF ANTIGUA.
I DON’T LIKE WHAT YOU AND THE CORUPT ALP STAND FOR.
LACK OF HONOR, INTEGRITY, RULED BY GREED AND ARE A TERRIBLE EXAMPLE FOR OUR YOUNG PEOPLE.
I’m a 70 yr old grandmother and most of your ALP in government are much older than me. Time to let a new generation govern our country while there is still hope.
Look me no able if suggy wasn’t properly nominated y was his nomination accepted by the electoral commission….he had a person to nominate him right he had a person to second him right …..n the electrical commission led by da ole donkey …accepted it….y u don’t take them to court…..wa u a trouble Sugz fa…..wipe the spec from your own election commission eye first….the pepple has a right to vote who they want n dem say dem nah want Sea monster
This lunatic is clawing and grabbing for a parliamentary seat after his wild and crazy rant about winning all 17 seats but St. Mary’s South is the least of his troubles. The call for an inquiry has picked up steam and has gone international. When you are a greedy kleptomaniac and love to chat and then acquire a radio station to aid your trade,this is bound to be the outcome. At all cost,there’s going to be a public inquiry into your money-grabbing, human-smuggling, murderous act. Waiting to hear you being interrogated on the stand. You’ll have a legitimate opportunity to plea insanity, let’s see how clever you really are.
@ Rovi
”opportunity to plea insanity” you know, lol- ‘let’s see how clever you really are”
I can hardly wait.
They are so desperate for that seat- this may very well be their undoing.
A good man will always support a good woman and I read an article that stated the PM as saying Shugy was not duly nominated . The challenge was brought by a litigant Mr Aaron who is a registered voter in St. Mary’s South. Not up to this day you hearing about the court case is between him and Mr. Simon. This is not a case for Samantha or Gaston to litigate. Can’t judge realise what is going on. ABEC declared he was properly nominated so why don’t Gaston and Samantha take Lorna and John to court. Antigua woman and Antigua man to the rescue.
@Mr. Antigua the case is set to be heard in July. ABEC never judged he was legimately nominated they stated that was not a matter for them, hence why its in court. Why is it you UPPites have so much problems with facts?
“Supervisor of Elections Dame Lorna Simon has clarified her role amid controversial nominations of the Antigua and Barbuda Labour Party’s (ABLP) Rawdon Turner in the St Peter constituency, and that of the United Progressive Party’s (UPP) Kelvin Simon in St Mary’s South.
“Simon explained that the Electoral Commission (ABEC) has no jurisdiction to prevent anyone from being nominated once they have passed the criteria. It is only after elections that a challenge can be made – but not by ABEC itself, she told the Observer AM show. see We have no jurisdiction’: Electoral Commission says it can’t address nomination challenges, Jan 6, Daily Observer
Are we living in some banana republic ? Do we have kangaroo courts here? Or are most of the people commenting forgetting that we live in a democratic country and it is the will of the people who first, second and last decides who sits in parliament. No court can install a person who get the second most votes into the house of representatives. Mr PM for you compared this to an athletic race makes me begin to question your “brilliance”….Let me finish before i call Harley Quinn to debate this with you
@Dion.. You seem to have no historical knowwledge when it comes to such matters. The courts were involved in the Gore vs Bush matter: You don’t recall the question then about whether votes were properly cast hence needed to be counted? Did the courts not rule in favor of Bush? Then recently there was Trump vs Biden. You don’t recall them going to court? Here now we are talking about whether the votes cast for Sugy should be essentially treated as spoiled ballats since he was not qualified to run. Similar has happened regarding Skerrit in Dominica regarding whether he was qualified to be a candidate based on his holding multiple citizenship. There it was agreed that the clock starts running on nomination day hence you have to be qualified in order to be properly nominated. Sugy’s lawyers in Jan argued the court should stay out but the courts ruled against his argument. Why you now coming with an argument that has been repeteatedly rubished ? Your head hard?
Isn’t it amazing how you MIRACULOUSLY you find facts and figures at hand to bolster your support – on any subject – for the ABLP and Gaston Browne.
This is not the writings of a normal ANR commentator, without some sort of financial inducements/payments or backing from government.
Pull the other one @ tenman, maybe you do have “TEN MEN” supporting you …
All this just make people hate Gaston more and make it worst for hOS colleagues, including Samantha. What was the purpose of going to court? The man resign without prejudicing his case, and call you bluff. Given how confident you were going into the election that you would win all 17 seats, you should be happy, to call a by election right away.
So now is the second runner up you want get the seat. Man call the by election.. A SYMPATHY SEAT WE A LOOK NOW!..
Wishful thinking. The Prime Minister must know the least that can happen is to declare the previous results of the January vote null and void for everyone and effectively return to the polls. It would almost seem to suggest that the Prime Minister is already conceding that Ms Marshall cannot win at a rerun of the polls and therefore they must find a way of declaring her the winner by default.
Even if Mr. Simon was ineligible to contest the January polls by virtue of him still being a civil servant at the time of the polls, that situation do not preclude him from contesting any General Elections in Antigua & Barbuda. Once he meets all the criteria as a candidate, he cannot be disallowed from so doing.
We are making a mountain out of nothing and the only sensible and right thing to do is to head back to the polls.
Gaston Browne, Honorable prime minister what is the delay on the Passport Scandal Case, and the Nigel Christian Case? Are ABLP politicians involved in those cases?
Now, why don’t you want to go back to the polls to contest the St Mary South seat?
Look at these ALP roaches running scared. All the big talk, but dem ‘fraid Shugy. Samantha’s career in elective politics is over. This new generation of UPP MP’s are on fire!
Tenman and other Gastonites: If Gaston did throw piss on you all.He would then ask you how it smells.You all would say it smells like Chanel Bleu for men.When in fact you all would know it smelt like piss.Everything Gaston says you people would eat it all and swallow.Kublai Mannix said it best in his Calypso.If Labor give them chit to eat they would eat um.Need I say more.
After the BI-ELECTION and Shugy regain his seat….may be the Serpent 🐍 should resign too…and another BI-ELECTION….and for fun of it Gaston should resign and Another BI-ELECTION and there goes the Merry-go-round.
It seems like….base on wha I’m hearing any member of the house can just send in his resignation….and then contest the BI-ELECTION as they see fit…Anansi story we telling….our law writers can’t be so jurassic.
I’m staying out of this legal matter, but you make sense. What will our country be like if any member can resign anytime and then run again in the same Bi-Election he/she triggers. As if elections do not cost any money.
🤣
Nobody stopping the court from deciding.
Gaston say Shugy will be shortest term ever. And now he vex and fraid cause he resigned.
Yes. Anybody can resign. Slavery is over. Newsflash.
The optics of refusing or delaying a resignation just looks like fraidy cat
Shugy should go into Parliament and moon them.Perhaps then his resignation would be done properly,Mr.Pradacals.
The Labourites are restless like cockroaches when the light goes on. The idiot Gaston Browne continues to run his mouth as if he knows anything. Just the dumb Labourites eating his crap.
This man is an abject failure and is only relevant to the greedy Labourites feeding off tax payers money.
How the hell is a resignation, hand delivered by courier not legal, having followed all the rules? Have you ever heard of such a thing ?
The government here has no doubt adopted a DICTATORSHIP style of running this country. They NEVER take responsibility for anything they do wrong, they totally disregard the laws of the land and the Constitution and the will of the people. If the law doesn’t suit them, they go to Parliament to amend it to suit their purpose. They will also go to Parliament to make a law retroactive after they discover their mistake in amending it for example the famous law passed in November 2021 which restricts the police from charging and prosecuting anyone unless they first seek permission from the DPP. As far as the ‘Shugy’ Kelvin Simon matter is concerned, the Constitution in Section 125 1) states-
‘Any person who is appointed or elected to any office established by this Constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected.’
Provided that-
b. The resignation of any person from membership of the Senate or the House shall be addressed to the President or the Speaker, as the case may be.
2. The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorized by that person or authority to receive it.’
This suggests to me that Mr. Simon did everything right according to the Constitution when he tenderd his resignation from the House of Parliament. According to the Constitution in Section 39 1 (g) which states ‘No person shall be qualified to be elected as a member of the House who-
(g) holds or is acting in any public office ……’
This suggests to me that one has to resign his public position if he is elected to the House and not nominated as proposed by the government. The key word here in the Constitution is ELECTED not nominated.
Another thing is that there is nothing in the Constitution that gives the Speaker of the House the power to accept or reject any Member of the House resignation. Another thing is that the government is depending on the courts to decide the outcome they are looking for which is to have the Member for St. Mary’s South disqualified and automatically give Samantha Marshall the seat. Mr PM please this is not a contest or a show or a race whereby if the winner is disqualified for one reason or another then the Runners Up will take up the winner’s position. This is a total different situation and it is an election where the people voted for their choice of candidate and they should not be and must never be disenfranchised.
Interesting reasoning…but one can’t be elected unless he/she is nominated… it’s the nomination day process that officially makes one a candidate…
Shugy case is unique…its not like a member for whatever reason decided he doesn’t want to serve anymore resigns…pave way for a BI-ELECTION and new candidate of his Party to contest the seat.
A constitutional issue was raised….which to me is two fold:
1. Can a Public servant resign from his duty after nomination day?
2. If he was still a civil servant on or after nominated day…is he duly nominated?
So the Court has to provide these answers before we can move on….
So why resign…?
Besides wasn’t the action filed in the High Court of Justice by a constituent Mr. Aaron of St Mary’s South and not Samantha Marshall? Then why is it the PM giving the impression that it is the ABLP who filed this motion in court and that they will win in the courts? Perhaps maybe it was all orchested by the ABLP using this constituent to accomplish their mission. Why the ABLP have so much interest in this case? They are so desperate to gain this seat by whatever means possible!!! Come ABLP, the people are not stupid.
Unmaking of Tenman a government agent.
You often site the law and seems to have the history and data handy to make your flawed arguments.
Unfortunately while you have the local laws handy; the Gore vs. Bush ruling was the Supreme Court decision ending the counting of ballots. A decision that’s considered a flawed decision gad nothing to do with eligibility if candidates or the calling of a bi-election.
We also know the US Supreme Court reversed itself as it has done with Row vs. Wade. The chief Judge John Roberts recently reversed himself on voter suppression.
Tenman (the Government paid agent)
stop pretending you have no dog in this fight.
Unlike Tabor whose political affiliation well known, it’s time to stop the pretending that you are not a paid agent.
And spare me the response of asking me to prove it. You are the one to present the proffer
I wonder if it was an ABLP candidate this had happened to what the comments would look like?
By the way, does anyone have any update on the ultimatum given by the attorneys for the Member for St. Peter to the Speaker of the House for his illegal suspension from Parliament? Very curious to know 🤔
The truth hurts and is often rejected some people don’t want to hear the truth big blunder before with all the excitement and adrenaline rush and now after followed by resignation and no legal guidance and no sense of inclusion as Baldwin once said ‘ A fo me decision’ here again not going to the people with a town House meeting and so the folly continues it’s plain as day that he get Sal!
SIMON DID NOT RESIGNED PROPERLY,SAYS GAS=MAN BROWNE.YOU WERE NOT ELECTED PROPERLY BASED ON YOUR UTTERANCES.YOU WERE TRANSFERRING VOTERS FROM YOUR CONSTITUENCY TO HELP YOUR FELLOW COMRADES IN THEIR CONSTITUENCIES.WHERE IS THE ENQUIRY IN THAT MALFEASANCE BY THE TAP DAWG? WHERE IS THE ACTING DPP TO LOOK INTO THIS MATTER? THOSE PEOPLE IN HIGH POSTS IN GOVERNANCE ARE FOR MOST PART BALLS-LESS,SPINELESS AND GUT-LESS.
@Dexter Pelle. The Constitution clearly did not specify whether the candidate should resign his/her public office before or after being nominated. What it spoke entirely on is once elected to the Member of the House you must resign your position as a public officer. So being nominated here is not the issue. Anyone can be nominated once they fit the ABEC criteria. So whether you resign before or after nomination day doesn’t matter.
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