ANTIGUA & BARBUDA | High Court Decision Paves way for Kelvin ‘Shugy’ Simon's By-Election

ST. JOHNS,  Antigua and Barbuda, July 7, 2023 - Former St Mary’s South member of Parliament Kelvin ‘Shugy’ Simon is now awaiting the calling of a by-election in that constituency after the High Court on Thursday dismissed an election petition challenging his election as member of parliament.

Simon was elected member of parliament in the January elections, capturing the seat from the Antigua and Barbuda Labour Party’s Samantha Marshall by almost 200 votes.

But shortly after his victory, the ABLP party through one of its supporters, brought a case against Simon claiming that his election was unlawful because he was still employed in the public service at the time of his nomination.

That petition was dismissed by Justice Jan Drysdale who agreed with arguments that as a result of Simon’s resignation, the ruling would no longer affect him since he has ceased to be a member of parliament.

Judge Drysdale also agreed that it was not for the court to decide who should fill the vacancy but that a by-election should proceed as prescribed by the constitution of Antigua & Barbuda.

The 43-year-old from Bolans has quit his job in the Ministry of Education as a guidance counsellor two weeks prior to the January 18 th polls.

Simon resigned from the post of MP indicating that he was seeking to avoid a lengthy court process that could drag on for months and the uncertainty was unfair to his constituents. "It's Unfair to the people of St Mary's South to have this uncertainty hanging over their heads. This situation needs to be resolved without further delay.

"I want this matter to be settled by the people, not by the court. Simon has already expressed confidence he will be successful once again, should there be a by-election within the stipulated time line.

Constitutionally, a by-election must be held within 120 days of an MP’s  resignation.