Number of levels of adjudication

The Antigua and BarbudaConstitution Order 1981

Section44:

“1. The High Court shall have jurisdictionto hear and determine any question whether-

a. any person hasbeen validly elected as a member of the House;

6. An appeal shall lie as of right to theCourt of Appeal from any final decision of the High Court determining sucha question as is referred to in subsection (1) of this section.”

Source: http://www.caribbeanelections.com/eDocs/legislation/ag/ag_constitution_1981.pdf

Representation ofthe People Act (CAP. 379) and its subsequent amendments

Section 45:

“(1) Subject to theprovisions of this section, an election petition shall be presented within 7 days after the return has beenmade in respect of the member to whose election the petition relates.”

Section 47:

“(3) Within five days after the presentation of thepetition, the petitioner shall serve on the respondent a notice of thepresentation of the petition, and of the nature of the proposed security, and acopy of the petition.

(4) Within five days after service of the notice, therespondent may object in writing to any recognisance on the ground that anysurety is insufficient or is dead or cannot be found or ascertained for want ofsufficient description in the recognisance, or that a person named in therecognisance has not duly acknowledged the recognisance.

(5) An objection toa recognisance shall be decided in the prescribed manner.

(6) If theobjection is allowed, the petitioner may withinfive days, remove it by a deposit in the prescribed manner of such sum ofmoney as will, in the opinion of the court or officer having cognizance of thematter, make the security sufficient.

(7) If no securityis given as required by this section or any objection is allowed and notremoved as aforesaid, no further proceedings shall be had on the petition.”

Section 48:

“On the expirationof the time limited for  objections, or,after objection made, on the objection being disallowed or removed whicheverlast happens, the petition shall be at issue.”

Section 50:

“(1) An electionpetition shall be tried in open court, without a jury, and notice of the timeand place of trial shall be given in the prescribed manner, not less than seven days before the dayof trial.

(2) The electioncourt may in its discretion adjourn thetrial from time to time, but the trial shall so far as is practicable,consistently with the interests of justice in respect of the trial, becontinued from day to day on every lawful day until its conclusion.”

Section 52:

“(1) At theconclusion of the trial of an election petition, the election court shalldetermine whether the member whose election or return is complained of, or anyand what other person, was duly returned or elected or whether the election wasvoid or whether there was an equality of votes at that election, and shallforthwith certify in writing the determination to the Speaker, and thedetermination so certified shall be final to all intents and purposes.”