ST. JOHN’S, Antigua, Embattled former government legislator Asot Michael has welcomed the ruling by the High Court, setting aside attempts by the executive of the ruling Antigua and Barbuda Labour Party (ABLP) to take disciplinary action against him.
Michael, the parliamentary representative for St. Peter, is also accusing the ruling party of seeking to prevent him from being an ABLP candidate in the next general elections.
On Monday, High Court judge Justice Jan Drysdale declared that two “purported” disciplinary tribunals engaged in dealing with the complaints against Michel were “unlawfully constituted in breach of the provisions of the ABLP Constitution” and their decisions were therefore null and void:
“In recent years, my harmonious relationship with the ABLP has been undermined by the Political Leader/Prime Minister, and I have had to take several actions in Court to protect my rights as a member of the ABLP. This includes my right to contest the upcoming election as a candidate of the ABLP and, in particular, the right to not have another person unlawfully run in my place,” Michael said in a press release.
“Despite several Court Orders, the Prime Minister continues to be a law onto himself and seeks to use his Executive Office to achieve his personal political goals,” he added.
The release said that the legal battle to stop the disciplinary proceedings has been in progress for over two years, and the Court had granted injunctive relief to Michael on separate occasions restraining the ABLP effort to prevent him from functioning as the duly elected parliamentary representative of the St. Peter Constituency.
In his ruling, the judge said, ‘whilst the parties are all within the political arena, the matter which concerns the Court is an allegation of the constitution of the ABLP which in effect is a contract binding on the members of the ABLP, not being properly utilized to discipline and or effect his removal.
“There is a clear and legitimate cause of action which the applicant, regardless of his political status, is entitled to pursue,” the judge said, also commenting on the credibility of two witnesses.
“The parties are bound by the ABLP Constitution, a contractual document… If the claim by the applicant bears fruit, declarations will serve to clarify the issues and also ensure that the power exercised pursuant to the ABLP constitution is done lawfully and fairly.
“Further, the parties being constantly at loggerheads with each other over issues stemming from the disciplinary process, a declaration or the dismissal thereof would bring some finality to these issues and would serve as vindication for the successful party,” the judge added.
Earlier this month, Prime Minister Gaston Browne denied instructing the Development Control Authority (DCA) to prevent anyone from constructing billboards ahead of the general election but said he would hope the regulator would ensure that “no one is above the law.”
“I am saying here we will never instruct any regulatory authority, but we expect every regulatory authority to ensure that those who they regulate operate within the confines of the law, and where they breach the laws of the country, they are expected to take appropriate action. This is a country of laws,” Browne told Parliament.
He was responding to a statement made by Michael, who told legislators that Browne had sought to prevent the DCA from approving his request for the construction of billboards as the island prepares for a general election, constitutionally due in March 2023 but widely expected to be held before that date.
The ABLP has already indicated that Michael would not be allowed to contest the polls as part of its slate of candidates for the 17-seat Parliament and has named a replacement for him.
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