ST. JOHN’S, Antigua, CMC – Governor General Sir Rodney Williams has maintained his position that he cannot initiate a Commission of Inquiry in Antigua and Barbuda even as the main opposition United Progressive Party (UPP), continues to call on him to do so while staging the second day of picket action outside his office.
In a statement, the head of state said that upon assuming office, he had taken an oath to preserve the constitution of the country 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 favor, affection or ill-will.”
He said in 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, he instructed his office to “secure independent expert legal advice upon whether he has the power to call a Commission of Inquiry in the absence of a request from the Cabinet. “
Sir Rodney said the Office of the Governor General engaged the 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.
“The Governor General also instructed senior counsel, Allan S. Wood KC, based in the Caribbean, to provide an opinion on the same question.”
The statement said acting independently of each other, both King Counsels “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.
“It should be noted that this view also accords with a written legal opinion dated September 18, 2002, held by the Governor General’s office and obtained by the previous Governor-General from a specialist independent counsel in London.”
Sir Rodney said that these legal opinions also accord with past practice.
“The record shows that on all previous occasions when Commissions of Inquiry were established, they were only done upon the advice of the Cabinet,” the statement said, adding that consistent with the principles of transparency and impartiality, the Governor General wrote by letters dated May 24th and 25th 2023, to the Government and the Opposition respectively, setting out the legal position and enclosing copies of all three legal opi being made available “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 by the established law,” the statement added.
On Tuesday, the UPP said it was surprised at the position taken by the head of state, given that it had received correspondence from the head of state last weekend regarding the call for the Commission of Inquiry into Antigua Airways, which is at the center of the controversy regarding the arrival of hundreds of West Africans nationals late last year.
“The letter that we got, the response that we got was not surprising, but it does not end our determination to see a Commission of Inquiry set up so the people of Antigua and Barbuda can know what happened,” said UPP spokesman and attorney Leon ‘Chaku’ Symister.
“We intend to take several actions to convince the Governor General that it is required,” he added.
A statement issued following the weekly Cabinet meeting noted that the government had “pursued and obtained two legal opinions from King Counsels…regarding the authority of the Governor General about establishing public inquiries.
“The legal experts concluded that the Governor General lacks the power to initiate a public inquiry. Consequently, the Cabinet of Antigua and Barbuda establishes a Commission of Inquiry.”
But in a letter to the media, former attorney general Justin Simon KC said he was asking Attorney General Steadroy Benjamin “and the Chief of Staff (Lionel Hurst) to disclose the legal opinion that they have received from the UK King’s Counsel, that we may assess and note where our reasoning is faulty, and acknowledge that we are wrong.
“The public, too, needs to know,” said Simon, who served twice as attorney general between 2004 and 2014.
In January, the Eastern Caribbean Civil Aviation Authority (ECCAA) halted Antigua Airways’ charter operations last because it did not comply with regulatory requirements. The airline, which the government said it had a 20 percent stake in, had been operating a charter between Antigua and Nigeria from November 1, 2022.
Earlier this month, the UPP delivered a petition, signed by several thousand residents, to Williams, urging him to initiate the inquiry.
In January, the Gaston Browne government said it had examined the circumstances under which the Antigua Airways flights were conceived and originated. It said the passengers were to be well-off citizens of Nigeria and neighboring countries who wished to travel to the Caribbean as tourists.
But in April, the government confirmed that 637 of the more than 900 people who arrived on charters between November and January had remained in Antigua.
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