Chief Justice Mr. Ian Chang in Action No.92/12-CM of 2012, AG vs David Granger, Raphael Trotman, on Friday 11th January 2013, ruled that:
“this court sees it fit to strike out the Motion of the Attorney-General in relation to paragraphs 1(a), 2, 3(a), 4 and 5 of the Notice of Motion. The court allows the Motion to be proceeded with in relation to paragraphs 1(b) and 3(b).”
In so ruling the Learned Chief Justice agreed with the contentions in Brigadier David Granger’s Summons to strike out the said action brought by the Attorney-General, Mr. Anil Nandlall, challenging the decision of the Speaker of the National Assembly, Mr. Raphael Trotman, to refer Brigadier Granger’s Motion to the Committee of Privileges.
The paragraphs 1(b) and 3(b) dealt with the same issue namely:-
“prohibiting Minister of Home Affairs, Clement James Rohee, M.P. from speaking or not recognising Minister of Home Affairs, Clement James Rohee M.P. for the purposes of presenting any bills, motions or making other presentations to the House.”
On this issue the Learned Chief Justice said:
“The legal truth is that Mr Rohee can speak in the National Assembly only as a member of the National Assembly and not as Minister of Home Affairs.”
APNU believes that this ruling is consistent with our position, reflected in paragraph 11 of the aforementioned Summons, to strike out, to wit:
“My motion only seeks to prevent Minister of Home Affairs, Clement James Rohee from speaking in the National Assembly so long as he is purporting to carry out the functions of Minister of Home Affairs as published in the Official Gazette. Minister Rohee is free to speak in the National Assembly in any other capacity.”
APNU is, therefore, of the firm view that the decision of the Learned Chief Justice Ian Chang maintains the status quo in the National Assembly as to when and how minister Rohee can speak.
In conclusion, in light of these premises:
(i)Mr. Rohee has no right or privilege to speak in the National Assembly as Minister of Home Affairs.
(ii)Mr. Rohee has a right or privilege to speak as a Member of the National Assembly.