A High Court judge has struck out a constitutional motion challenging the appointment process for a Leader of the Opposition in Dominica’s House of Assembly, declaring the case “without merit.”
The motion, brought by Burney Ryan and led by a three-member legal team including former Trinidad and Tobago attorney general Anand Ramlogan, questioned whether the President of Dominica is obligated to consider the support of Opposition-appointed Senators in naming a Leader of the Opposition, particularly in the absence of a clear majority among elected non-government members.
The legal challenge followed the resignation of Jesma Paul-Victor as Leader of the Opposition on June 20, 2024, after an 18-month power-sharing arrangement with fellow independent MP Anthony Charles. The agreement, signed by both MPs after the 2022 snap elections, saw Paul-Victor initially appointed to the post before stepping aside for Charles, who has since aligned himself with the United Progressive Party (UPP).
Ryan argued that the President should have reappointed Paul-Victor to the role based on written support from all four Opposition Senators and Paul-Victor’s own expression of interest. However, the President declined to appoint Charles or reinstate Paul-Victor, resulting in the position being left vacant.
The Attorney General, named as the defendant in the motion, filed to have the claim struck out, arguing the President’s decision was not reviewable or justiciable and that Ryan lacked legal standing.
Justice Zainab Jawara-Alami, in her ruling, sided with the defense. She found that the claim did not present a viable cause of action and lacked a properly pleaded constitutional basis. “The failure to identify the constitutional provision alleged to have been breached, or to assert a ‘relevant interest’ as required under Section 103, leaves the claim deficient in both form and substance,” the judge stated.
She further explained that while courts may overlook technical pleading issues in constitutional matters, the claimant must at least establish the legal grounds on which relief is sought. “The jurisdiction of the Court cannot be assumed in the absence of a properly pleaded constitutional foundation,” she ruled.
The court concluded that the claim did not meet the threshold for a constitutional challenge and struck it out accordingly. Justice Jawara-Alami also ruled that the issue of standing did not arise due to the absence of a viable claim and issued no order as to costs.
The decision effectively upholds the current vacancy in the position of Leader of the Opposition, with no court-mandated obligation on the President to consider Senators’ support in such appointments.
