ABE Dabdoub yesterday went ahead with his appeal in the dual citizenship case, seeking to have the West Portland seat awarded to him instead of contesting the by-election ordered by the Supreme Court, following the disqualification of Daryl Vaz.

Lawyers for Dabdoub - the People's National Party's (PNP) candidate in the September 2007 general elections - said Chief Justice Zaila McCalla, in her April 11, ruling erred in finding as a matter of fact and law that there should be a by-election and not a return of [Dabdoub] as the duly nominated member of the constituency.

The chief justice, said the lawyers, also erred in finding "as a matter of law and fact" that the Notice of Disqualification issued by Dabdoub before the September 3 general elections informing electors that the Jamaica Labour Party's Vaz held US citizenship and that votes for him would be wasted was not clear, definite and certain "in that it does not state any act of acknowledgement by" Vaz.

When the matter comes up for hearing Dabdoub will be asking the appellate court to name him the duly nominated candidate for the constituency and so give him the seat.
Dabdoub is also set to ask the court to vary Justice McCalla's order to say that Vaz was not only disqualified as a member of the House of Representatives because of his actions in applying for and travelling on his US passport, but also because he is a US citizen, which she had not took into consideration in making her judgement.

Dabdoub is also appealing McCalla's decision that he pick up the tab for the trial, which includes Vaz's legal fees.
If Dabdoub's appeal is successful, Jamaicans could be heading to the polls for fresh general elections as Prime Minister Bruce Golding, whose JLP has a slim majority in the 60-member House, has already indicated that he would not be allowing persons not elected to sit in the House of Representatives.

Vaz, a junior minister in the Office of the Prime Minister, has since renounced his United States citizenship and said he would be contesting the seat if a by-election is called. He had also made calls for Dabdoub to end the legal battle and allow the people of West Portland to decide who they want as their representative.

Dabdoub, following his defeat at the polls last year, filed an election petition against Vaz who was the holder of a US citizenship, which he said he got at birth through his mother.
The constitution, Dabdoub said during the trial, did not allow persons who are under allegiance to foreign powers to sit in the House of Representatives. Citing several authorities, Dabdoub asked the court to give him the seat.