The move by eight Opposition Parliamentarians to the Court for a reversal of their suspension has been shut down after Justice Damone Younge ruled that the Court does not have jurisdiction to hear the case.

 The MPs wanted the Court to nullify the report of the Committee of Privileges that resulted in their suspension in July 2022, but the Attorney General, Anil Nandlall successfully challenged the Court’s jurisdiction to hear the matter.

Citing Article 165 of the Constitution, which states that “subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and may make rules for that purpose,” the High Court Judge, in agreeing with the Attorney General, said the Court lacks the jurisdiction to hear the matter,

She said “the privileges committee, which produced the…report is a creature of the National Assembly and has been established by its Standing Orders. Its functions have been defined by its Standing Orders to which all Members of Parliament including the applicants must adhere to”.

The High Court Judge said while the applicants – Tabitha Sarabo-Halley, Vinceroy Jordan, Annette Ferguson, Maureen Philadephia, Ganesh Mahipaul, Sherod Duncan, Christopher Jones, and Natasha Singh-Lewis – challenged the report emanating from the Privileges Committee, they did not challenge the Standing Orders, which laid the foundation for the Committee to function. 

Having considered the notices of application disputing the Court’s jurisdiction to hear and determine the applicants’ case, Justice Younge ruled that the case brought by the suspended MPS is not exceptional, and does not warrant the exercise of the Court’s constitutional jurisdiction.

She said for that reason, the Court will refrain from enquiring into the internal proceedings of the National Assembly.

“This court is ever mindful of trespassing in the realm of the legislature and usurping or appearing to usurp the authorities of this arm of the state to regulate its own procedure as specifically provided for in the constitution while still maintaining its role as the guardian of the very constitution,” the High Court Judge said.

The ruling came at a time when four of the MPs – Mr Mahipaul, Mr Jones, Mrs Singh-Lewis and Mr Duncan – are no longer on suspension. Their suspension ended on December 5, 2022.

However, the other four MPs will remain on suspension until the 24th January.

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