BASSETERRE, St. Kitts - WITH the government in the process of revamping the electoral system, questions remain over what decisions would be made in the way students of Commonwealth countries would be treated in that process.
Those questions come against the backdrop of an existing court case challenging the legality of (Nigerian) students being allowed to vote in St. Kitts and Nevis while entering the shores not as residents but rather as students.
Back in 2014, two members of the Team Unity coalition, the Hon. Lindsay Grant and Ambassador Jonel Powell, moved to the court to have Nigerian students blocked from voting.
According to a WINNFM report then, Powell charged that under the Federation’s Constitution, citizens of the Commonwealth are allowed to vote but it does not give support to those with student visas.
The case has been stalled, and according to the Attorney at Law and Team Unity’s caretaker for Constituency Number Two Ambassador Powell, the trail was made to restart.
The matter was first brought before Justice Darshan Ramdhani but was subsequently passed on to Justice Marlene Carter, who is no longer a resident judge.
“We basically had to restart that matter after Justice Ramdhani had left… I think the counsel for one of the students had made an application to strike out the existing case, making arguments, and Justice Carter had reserved her decision. I don’t think we had ever gotten that decision from her,” explained Powell.
During a recent exclusive SKNVibes interview, Attorney General the Hon. Vincent Byron Jr, pointed out that the government would be taking the issues highlighted by this case into consideration when the electoral process is being revamped.
“You have to understand at the same time that the constitution does indicate that if someone is a Commonwealth citizen, 18 years and over and was an ordinary resident in St. Kitts and Nevis they were eligible to register and vote. The regulations that had been put in place is that that Commonwealth citizen, regardless of where they came from, would have to reside in the country for 12 months.
“It is a question for us that students who would have come from Commonwealth jurisdictions, are they here as proper residents and entitled to register to vote as permitted entrants under the Immigration Act...? It is an issue that will be on the table as to Commonwealth citizens.
The AG noted that these and others are questions would have to be addressed in the revamping process as the Federation continues to grow.
“I for one would want it for our people to make a determination, should we continue to have a broad remit for all Commonwealth citizens (which consists of) some 50 plus countries…”
Powell noted that the court case had passed the opening arguments but the Justice Carter “took the decision to rehear the arguments” after it was passed down to her.
When asked if there is a timeframe for that case to be called, Powell noted that, “I guess with the way things would have transpired over the last few years that sort of went quiet.”
Additionally, he noted that from his end, he has not made a request to have the case “resurrected”.
“It is something that I personally believe is an outstanding issue that needs to be addressed. The question really is: do we go back to court to have the court make a decision or would the government take a firm stance on the issue one way or the other?”
Opposition Member of Parliament who provides representation for Constituency Number Two the Hon. Marcella Liburd, lashed out at those responsible for pursuing the case, telling SKNVibes that, “It has nothing to do with Nigerians but rather, it has to do with our law itself that speaks to Commonwealth citizens.
“That means that if you are living here for 12 months you are eligible to vote. The law didn’t say anything about students, it says that if you are Commonwealth citizen and you are resident here for 12 months... so why should it apply to students and not somebody who is on contract for two years to do some sort of job here.”
The Chairperson for the St. Kitts-Nevis Labour Party was one of a number of persons who were vocal against the court matter when it was first brought several years ago.
She believes that those who would have taken up the case were being “political” and wanted to have names of those students struck off the voters list. She added that according to the Constitution “there is nothing that says you have to be here for a particular purpose to qualify”.
The substantive matter at hand according to Powell is, “Are students considered to be residents and thereby qualified to vote.”
