Fifteen hours after the Constitution (Amendment) Bill, 2014, was passed in the Senate, the Independent Liberal Party (ILP) filed a lawsuit against Government to get the proposed runoff system revoked.Around 2 pm yesterday, ILP deputy political leader Rekha Ramjit filed a constitutional motion and two affidavits challenging that the bill was an infringement of citizens' fundamental rights and freedom listed in Sections 4 and Section 5 of the Constitution.
Section 4 gives citizens the right to join political parties and to express political views, while Section 5 states that there should be no law that may abrogate, abridge, or infringe any of the rights and freedoms declared in the Constitution.
Speaking at a press conference at ILP's Port-of-Spain headquarters, Ramjit said a copy of the lawsuit will be sent to Attorney General Anand Ramlogan soon. She said they were informed that the documents were docketed to Justice Frank Seepersad, who she described as fearless and independent.
"We believe that the amendment to the Constitution, via the Constitution (Amendment) Bill, 2014, is in contradiction to certain fundamental rights and freedoms of the people of Trinidad and Tobago," Ramjit said.
"We are asking the court to declare that the provisions of Section 8 of the Constitution (Amendment) Bill, 2014, which seeks to amend Section 73 (Balloting System) of the Constitution, has or is likely to abrogate or infringe the provisions of Section 4 and Section 5 of the Constitution of Trinidad and Tobago and that the provision of Section 8 of that bill is unconstitutional and accordingly null and void, and of no legal effect."
Ramjit said Section 13 and Section 54 of the Constitution shows that if citizens' fundamental rights have to be changed, it must be done through a three fifths majority vote in the Parliament.ILP political leader Lyndira Oudit called on President Anthony Carmona to assess the problems surrounding the bill. She said the party will be writing to Carmona asking him not to assent to the bill, as he has the authority to withhold under Section 61 of the Constitution.
She said the entire runoff system was designed for the third party in local election set up, which was the ILP. She said it was also created as a result of Government's efforts to capture marginal seats in the 2015 general election.She said both foreign and regional media have been contacting her on the controversy surrounding the bill, adding she had already given an interview to the Miami Herald.
ILP chairman Jack Warner said the party was also drafting letters to the Caricom Secretariat and the Commonwealth to inform them that T&T's governance system was in need of an intervention.