Vaz, Dabdoub ruling this Friday

The long-awaited decision in the dual citizenship case, brought against West Portland MP Daryl Vaz, will be handed down on Friday.



The president of the Court of Appeal Seymour Panton said he has informed the Registrar of the Court of Appeal of the date.



The PNP’s Abe Dabdoub took the matter to the Court of Appeal after Chief Justice Zaila McCalla ruled that a by-election should be called in the constituency.



The chief justice also ruled that Vaz was not eligible to be a Member of Parliament because he was an American citizen at the time of the election in 2007.



This would be a breach of the Jamaican Constitution.



But Vaz took issue with the aspect of the ruling that he has sworn allegiance to the United States and also filed an appeal in the High Court.



The Prime Minister Bruce Golding has indicated that he will call a general election if Mr Dabdoub wins the case.



In April last year, the Chief Justice ruled that by virtue of the fact that Vaz obtained an American passport when he was an adult and travelled on it he had pledged an allegiance to a foreign power.



Dabdoub appealed against the Chief Justice\'s ruling on the ground that she erred in her decision because the law states clearly that since he was the only duly nominated candidate he should have been returned as the duly elected Member of Parliament.



Mr Vaz contended that the holding of a US passport was part of the entitlement of a citizen.



Vaz has since renounced his American citizenship.



He remains in Parliament because the court has granted a stay of the Chief Justice\'s ruling pending the outcome of the appeal.



Legal experts have said that there can only be one of two rulings in the case.



The Court of Appeal comprising Justice Panton, Justice Algernon Smith and Justice Karl Harrison will either uphold the Chief Justice\'s ruling or give the seat to Dabdoub.



The question has arisen as to whether there can be an appeal to the United Kingdom Privy Council in an election petition.



But Queen’s Counsel Michael Hylton told The Gleaner yesterday that election petition cases end in the Court of Appeal.



Another attorney in civil practice said both the Constitution and the Election Petition Act state that the Court of Appeal is the final court.



But he said if constitutional issues were involved in an election petition then it is debatable as to whether they could be taken to the Privy Council.



The West Portland MP Daryl Vaz said he is optimistic about the ruling. We were unable to contact Mr Dabdoub up to news time.