Contradicting what appears to be the unanimous prevailing view that dual citizenship prohibits a Guyanese from being a member of the National Assembly, Counsel in the case brought by Christopher Ram argues to the contrary. Ram’s case was brought against the Attorney General and the Leader of the Opposition. He is seeking a declaration that the Cabinet, including the President resign in compliance with Article 106(7) of the Constitution having regard to the no confidence motion passed by a majority of 33-32 in the National Assembly on December 21 under Article 106(6).
Extensive submissions have been made in relation to the directly relevant issues of the meaning and effect of Article 106(6) of the Constitution, the interpretation of what a ‘majority’ is, and whether Charrandass Persaud was a lawful member of the National Assembly at the time he voted. But as a tangential issue, Counsel argues that a dual citizen can be a lawful member of the National Assembly. This submission will certainly please and probably attract the support of the PPP and APNU+AFC, both of which parties have representatives in the National Assembly who have dual citizenship. If the Court rules directly or indirectly that dual citizenship disqualifies a person from being a member of the National Assembly, it will cause significant disruption as well as exclude prominent members of the PPP and the APNU+AFC coalition from the National Assembly.
Of course, the High Court does not have to give a ruling on this issue if it considers that a decision on the point is not necessary for a conclusion on the main issues. But it could well be made at either the Court of Appeal or the CCJ, to which the cases are expected to be heard on appeal, whatever the High Court may decide. Hopefully, therefore, at the end of the legal proceedings, Guyana will have an answer to this issue.