The Supreme Court has dismissed an application by Paul Buchanan, the People’s National Party (PNP) candidate for St Andrew West Central in the September 3 general election, effectively ending his effort to overturn the result won by Prime Minister Andrew Holness.
Buchanan had sought permission to pursue judicial review of the Constituted Authority’s decision not to apply to the Election Court to void the results, arguing that irregularities affected the integrity of the poll.
In its ruling, the court said the statutory period for challenging election results had expired, making any review “meaningless.” Election matters, the judge stressed, are governed by strict timelines that must be followed regardless of the issues raised.
The judge also found that Buchanan’s complaints were specific to St Andrew West Central and did not raise questions of broader national importance that could not be addressed through an election petition.
While the court acknowledged that decisions of the Constituted Authority are subject to judicial review, it said Buchanan failed to show an arguable case. It noted that although his filing fell within the three-month outer limit allowed under civil procedure rules, he was still required to act “promptly.”
The delay between the Authority’s September 30 decision and Buchanan’s October 8 application was deemed insufficiently explained and indicative of a lack of urgency.
As a result, the Supreme Court refused Buchanan’s request for leave to pursue judicial review, bringing his latest attempt to challenge the St Andrew West Central election result to an end.
JLP welcomes outcome
Jamaica Labour Party (JLP) Communications Task Force Chairman, Senator Abka Fitz-Henley, welcomed the ruling, describing it as a victory for the rule of law and Jamaica’s democratic processes.
“Based on the expert guidance of King’s Counsel Tom Tavares-Finson, we in the Jamaica Labour Party had expected the outcome that eventually prevailed today. We are not taken aback by it,” he said. “Indeed, we are of the view that it’s an indication of the upholding of our finest democratic traditions… an upholding of the rule of law.”
Fitz-Henley characterised the judgment as “a strike against the willingness of the PNP to use disinformation, fake news and misinformation to burnish their political agenda.”
Fitz-Henley also criticised the allegations contained in affidavits submitted by persons aligned to Buchanan, arguing that the claims were not supported by independent electoral workers who oversaw the voting process on election day.
He accused the Mark Golding–led PNP of attempting to target Prime Minister Holness with “untruthful allegations,” adding that such actions risk undermining confidence in Jamaica’s democratic institutions.
