What remedies are available in the first instance?

PARLIAMENTARYELECTIONS ACT (1992-03-16)

PART VII Election Petitions and Inquiriesinto qualifications.

79. The election of a candidate as a Memberof Parliament shall be declared to be void on an election petition on any ofthe following grounds which may be proved to the satisfaction of an ElectionCourt; namely -

...

(d) that the candidate was at the time of hiselection a person disqualified for election as a Member of Parliament.

85. ( 1) At the conclusion of the trial of anelection petition, the Election Court shall determine whether the Member ofParliament whose election or return is complained of was duly returned orelected, and whether the election was void, and, where the seat is claimed for an unsuccessfulcandidate on the ground that he had a majority of lawful votes and a scrutinyis taken, whether any and what other person has a majority of lawful votes andwas accordingly duly elected and ought to have then returned, and shall certifyin writing the determination to the Governor-General and to the Speaker;and the determination so certified shall be final to all intents and purposes:

Provided that-

(a) if the judges constituting the ElectionCourt differ as to whether the Member of Parliament whose election or return iscomplained of was duly elected or returned, they shall certify that differenceand the Member of Parliament shall be deemed to be duly elected and returned;

(b) if the judges determine that the Memberof Parliament was not duly elected or returned but differ as to the rest of thedetermination, they shall certify that difference and the election shall bedeemed to be void; and

(c) if the judges differ as to any othermatter, they shall certify that difference and make no determination on thatmatter.

(2) Upon the issue of a certificate of an ElectionCourt all necessary steps shall be taken-

(a) for confirming the return where theelection and return are determined to have been due;

(b) for altering the return, where anunsuccessful candidate is determined on a scrutiny to have had a majority oflawful votes; or

(c) for issuing a writ for a new election,where the return or election of a candidate is determined (otherwise than on ascrutiny) to have been undue or void.

(3) The House of Assembly, on being informedby the Speaker of a certificate of an Election Court, shall order thecertificate to be entered in its journals.

Georgetown University, Center for Latin America studies,