Where is Abe Dabdoub? That was the question being asked yesterday in the wake of the Court of Appeal decision in the Dabdoub-Vaz case. Here, attorney and son of Abe Dabdoub, Jalil, leaves the Court of Appeal building in downtown Kingston. The Court of Appeal upheld the ruling of Chief Justice Zaila McCalla that a by-election be held to determine who represents the people of West Portland. - Norman Grindley /Chief Photographer

There was much jubilation for Jamaica Labour Party (JLP) supporters inside and outside the courtroom yesterday when the Court of Appeal ruled that a by-election must be held to determine who represents the people of West Portland.

The court, in handing down its unanimous decision, threw out the appeal, which People's National Party (PNP) candidate Abe Dabdoub had brought arising from the election petition case involving Member of Parliament Daryl Vaz.

The reasons will be given in writing at a later date.

"Justice has been done," attorney-at-law Susan Risden Foster said. She, along with attorney-at-law Ransford Braham, represented Vaz, who at the time of his nomination, held United States citizenship. Vaz said he inherited the citizenship through his mother, who was an American.

Jalil Dabdoub, one of the lawyers representing Dabdoub, said he would be seeking to determine whether the Court of Appeal ruling could be appealed at the United Kingdom Privy Council.

Most disappointing

He described the court's rejection for the appellant, Dabdoub, to be given the seat as most disappointing. According to Dabdoub the ruling was a blow to democracy.

The appellant, Dabdoub, was not present at court, but Vaz, backed by the top brass of the Jamaica Labour Party, turned up early for the decision.

After the September 3, 2007, general election, Dabdoub had filed an election petition in the Supreme Court contending that Vaz was an American citizen and, therefore, was not entitled to be an MP because he had pledged allegiance to a foreign power.

Chief Justice Zaila McCalla heard the election petition, which lasted several weeks, and handed down a ruling in April, last year, which ousted Vaz from Parliament.

The chief justice held that because Vaz had obtained a US passport as an adult and had travelled on it, he had pledged allegiance to a foreign power. She ordered that a by-election be held in the constituency.

Vaz was granted a stay of execution to remain as MP until the determination of the appeal.

Dabdoub, the appellant, claimed that the chief justice erred in her ruling when she did not award the seat to him and took the issue to the Court of Appeal.

Affirmed

President of the Court of Appeal Justice Seymour Panton, Justice Algernon Smith and Justice Karl Harrison heard the appeal and upheld the chief justice's ruling. "The certification by the learned chief justice to the Speaker of the House of Representatives and her order for the holding of a by-election in the constituency of West Portland are affirmed," the court said.

There are three other election petitions in the Supreme Court alleging dual citizenship and, based on yesterday's ruling, some members of the legal profession are of the view that yesterday's ruling will be a precedent for the other dual-citizenship cases.

Justice Panton, before handing down the ruling, told the packed courtroom that he understood that there were some persons giving the impression to the public that they knew of the contents of the judgement.

"Anyone who spoke to the content of our judgement was merely guessing," Panton said. He emphasised that it was only the judges in the case who knew the decision. He said in the next two weeks, he would be giving the judgement to the registrar of the Court of Appeal for it to be edited.