High Court Judge Justice Nareshwar Harnanan on Wednesday dismissed an application filed by Opposition Members of Parliament Christopher Jones and Tabitha Sarabo-Halley, which sought to remove Vice President Bharrat Jagdeo from the National Assembly.
The application, filed in February, claimed that Jagdeo violated the Standing Orders by being absent for 11 consecutive sittings between December 11, 2023, and February 1, 2024.
Justice Harnanan also ordered the applicants to pay $250,000 in costs to each respondent namely Jagdeo, the Attorney General and the Speaker of the National Assembly by December 31, 2024.
An MP’s seat is vacated if they are absent from more than six consecutive sittings within the same session and two months, without obtaining written permission from the Speaker before the last sitting.
The opposition alleged that Jagdeo missed 11 consecutive sittings and provided minutes as evidence of his absence.
They argued that this violated constitutional provisions and called for compliance with the Standing Orders. The Standing Orders set two conditions for vacating an MP’s seat: absence from three or more consecutive sittings and failure to obtain permission from the Speaker.
Justice Harnanan explained that the Speaker is responsible for determining whether these conditions are met. A seat does not become vacant automatically; both conditions must be fulfilled and verified by the Speaker.
Justice Harnanan highlighted the separation of powers, emphasising that Parliament has the authority to manage its procedures unless there is a clear constitutional violation.
The court further acknowledged that it has a constitutional duty to ensure Parliament operates within the law. However, it also recognised Parliament’s autonomy to enforce its own rules and procedures.
